LRV lawyers counsel foreign and domestic clients on export controls administered by the Departments of Commerce, State and Energy. We obtain classification and jurisdiction rulings, licenses and agreements, and we prepare compliance programs, conduct audits and investigations and prepare voluntary disclosures. We assist with both civil and criminal enforcement actions, and have deep experience in negotiating and assisting in the administration and closure of Consent Agreements. We also have significant experience in merger, acquisition and divestiture due diligence efforts associated with export controls and in advising on associated ITAR registration issues and authorization transfers.
Our attorneys have been retained repeatedly to conduct audits and reviews directed by the agencies administering export controls. In addition, one of our partners has been retained on numerous occasions as an expert witness in matters involving export controls.
Economic and Trade Sanctions
LRV lawyers counsel clients on the application of various economic sanctions programs, administered primarily by the Department of the Treasury. We provide counseling (pertaining to the activities of both U.S. and non-U.S. persons), obtain licenses or other authorizations for transactions covered by sanctions regulations, prepare compliance and training programs, prepare voluntary disclosures and represent clients subject to civil and criminal enforcement proceedings arising under these rules. We also provide diligence support for transactions, advise on risk mitigation tools and strategies including in the M&A setting, and advise on risks associated with secondary sanctions and extraterritorial effects of U.S. sanctions.
Our expertise also includes familiarity with EU and UN sanctions. We counsel clients on compliance with these sanctions, including the preparation of compliance programs and the presentation of training.
We can provide the full range of government contracts services including counseling, claim preparation, bid protests, development of compliance and training programs, and audit and investigation support. We are able to handle classified matters including bid protests and claims up to the Top Secret level, including compartmented programs.
Because we have had deep and long-lasting relationships with defense contractors at all levels of the supply chain, we have expertise in niche areas of administrative law practice that are specific to government contractors, but not within the core competencies of most government contracts law practices
Our attorneys have substantial experience in counseling and managing risk in matters arising under the Foreign Corrupt Practices Act, the U.K. Bribery act, the OECD Anti-Bribery Convention, and the U.N. Convention Against Corruption, as well as the requirements in Part 130 of the ITAR. We can provide counseling on compliance and risk mitigation; investigations; due diligence reviews of agents; audits of companies and their agents; and targeted training programs.
Government & Compliance Investigations
Our attorneys have substantial experience in conducting internal investigations related to alleged violations of law, including both civil and criminal matters. These investigations have included alleged violations of various government contracts statutes and regulations, the ITAR, the EAR, Anti-Boycott regulations, anti-bribery legislation, the sanctions administered by OFAC. Our attorneys have defended companies involved in investigations and enforcement proceedings before all of the major regulatory agencies and have prepared hundreds of voluntary disclosures to various government offices, including the Directorate of Defense Trade Controls, the Office of Export Enforcement, the Office of Anti-Boycott Compliance and OFAC. We can assist clients in preparing for government contract and trade control audits and developing corrective action plans.
Industrial Security and NISPOM Compliance, Technology Security and Foreign Disclosure
Our attorneys assist cleared contractors in maintaining Facility Security Clearances, including mitigation of Foreign Ownership, Control or Influence (FOCI), administration of Special Security Agreement (SSA) or Proxy/Voting arrangements, audit support, compliance and training programs, structuring of transnational ventures and other NISPOM compliance issues such as Security Control Assessments and Self-Inspections. We have represented defense contractor employees’ at the Defense Office of Hearings and Appeals to successfully challenge revocation of Personnel Security Clearances. We also have substantial experience with navigating the U.S. interagency release processes for authorization to market and sell defense products, including exceptions to National Disclosure Policy, Critical Program Information identification and protection, and Defense Exportability Features.
Our attorneys have substantial experience in dealing with the Anti-Boycott regulations administered by the Department of Commerce. Our expertise includes counseling on compliance; training; preparation of filings required under Part 760 of the EAR; preparation and handling of voluntary disclosures; and conducting investigations and other compliance reviews.