Many US laws have an extraterritorial reach outside and continue to apply outside the US.
US items may remain subject to US reexport controls when an attempt is made to reexport them from their original destination country. In this webinar, Miller Canfield presents an overview and update on key elements of US reexport controls with a focus on the following:
- US reexport controls imposed on foreign companies for reexports of US items to Russia and China; and
- US reexport controls imposed on foreign companies for reexports of US items to parties subject to entity-based controls.
What you will learn about application of US reexport controls:
- Item-based controls, including Subject to the EAR, the De Minimis Rule, and the Direct Product Rule;
- End-use controls, including the Military End Use and Military Intelligence Rules; and
- Entity-based controls, including those set forth in the Bureau of Industry and Security (‘BIS’) Entity List, BIS Denied Persons List, and Office of Foreign Assets Control (‘OFAC’) Specially Designated Nationals and Blocked Persons (‘SDN’) List.
Joseph D. Gustavus is a member and leader of Miller Canfield’s Export Controls Group representing multinational clients and clients primarily in the automotive, defense, aerospace, software and information technology sectors. Joe represents clients on ITAR and other export control compliance issues and assists clients with controlled asset identification and classification, commodity jurisdiction requests, implementation of export control compliance programs, export license applications, drafting of government-approved TAAs, MLAs, other export control-compliant collaboration agreements, performing export control audits and rendering benchmark reports, performing export control due diligence on acquisitions targets, drafting Export Control Manuals and Technology Control Plans, drafting voluntary disclosures on export control violations, and employment of foreign nationals subject to export controls. He has served as an attorney in Europe and speaks fluent German. He is also a Certified Public Accountant.
Jeffrey Richardson is a member of Miller Canfield’s Export Controls Group and advises multinational clients in the information technology and defense sectors on matters including mergers and acquisitions, export controls, distribution agreements, joint ventures, and strategic corporate structuring, Specifically, Jeffrey brings expertise in matching operational business execution requirements with functional business structures. He is frequently engaged in advising clients on export control compliance, technology control protocols, as well as the impact of intellectual property matters within business structures. His breadth of experience is informed by a business management and litigation background.
Alexander Jerome Alex is a member of Miller Canfield’s Export Controls Group and counsels clients with their domestic and international commercial transactions, ITAR and export control compliance issues, corporate governance, and with building, demonstrating, and protecting the value of their intellectual property rights. Alex also counsels and advises clients with government contracting, including construing and complying with Federal Acquisition Regulations (‘FAR’) and Defense Federal Acquisition Regulation Supplement (‘DFARS’) applicable to both client defense prime contractors and subcontractors.