Regulatory

Export Controls

Overview

Gibson Dunn represents and counsels U.S. and foreign companies on all aspects of export licensing and regulatory issues, including “dual use” exports under the Export Administration Regulations (EAR), defense exports under the International Traffic in Arms Regulations (ITAR), and U.S. embargo laws and regulations.

We regularly represent clients before the Bureau of Industry and Security (BIS), the Directorate of Defense Trade Controls (DTC) and the Office of Foreign Assets Control (OFAC).

We also frequently advise on the implications of listings on export controls-related restricted party lists, including the Statutorily Debarred Parties list maintained by the U.S. Department of State, Directorate of Defense Trade Controls, the Denied Party List, Entity List and Unverified List maintained by the U.S. Department of Commerce, Bureau of Industry and Security, and various lists maintained by the Department of Defense (such as the 889 and 1260h lists).

Gibson Dunn lawyers outside the United States have deep experience in advising on increasingly challenging export controls rules emerging the United Kingdom, across the European Union, and elsewhere.

Experience

Recent representations include:

  • Global telecommunications, semiconductor manufacturing, and industrial equipment firms on compliance with new U.S. controls on advanced integrated circuits, supercomputing, and semi-conductor manufacturing equipment and China.
  • Multiple clients wrestling with evolving applications of end use and end user-based export controls in Russia, China, and elsewhere.
  • Global energy firms (oil, gas, and renewables) on export controls compliance in the context of projects in heavily sanctioned jurisdictions.
  • A computer-aided design technology firm in Silicon Valley with respect to encryption export controls and Commerce and State Department export licensing.
  • A global satellite company with all aspects of its export controls program, including classification, licensing, investigations, and disclosures.
  • Major financial services and communications companies in Commerce export compliance and licensing.
  • A global human rights NGO on human rights-based export controls.
  • A global telecommunications company on all aspects of its export controls program, including classification, licensing, investigations, and disclosures.
  • Private equity firms focused on the acquisition and sale of aerospace and defense portfolio companies.