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Export Controls

Foreign direct investment in the United States can implicate various US export control laws. The US Department of State regulates the temporary import and the temporary or permanent export of defense articles and defense services through the International Traffic in Arms Regulations (ITAR); the US Commerce Department regulates what are called “dual-use” items—i.e., US-origin civilian products, materials, technology, technical data and software that have potential military applications—through the Export Administration Regulations (EAR); and the US Treasury Department's Office of Foreign Assets Control (OFAC) enforces economic and trade sanctions against targeted foreign countries and regimes.

Shearman & Sterling’s recent representative matters include the following:

  • Export control issues under ITAR related to the acquisition of a US defense-related provider by a European company
  • Export control issues under EAR related to the acquisition of US software developer
  • Export control issues under ITAR and EAR related to the acquisition of a US producer of secure wireless networks
  • Export control and sanctions issues related to the planned acquisition of a US coal mine
  • Export control issues under ITAR and EAR related to the increased ownership of a joint venture with a large US software developer
  • Export control issues under ITAR and EAR related to the acquisition of US aerospace company
  • Export control issues under ITAR and EAR related to the acquisition of a US space tourism company
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