EXPORT CONTROLS PRACTICE

Meshkat Law advises clients on U.S. export controls administered predominantly by the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), with a focus on complex matters involving cross-border trade, technology transfers, and regulatory risk. The firm provides counseling and representation in high-stakes BIS compliance, licensing, enforcement, restricted party list, antiboycott, and agency-engagement matters.

U.S. Export Controls and BIS

BIS administers the Export Administration Regulations (EAR)—pursuant to the Export Control Reform Act of 2018—which govern the export, reexport, and transfer of items subject to the EAR, including commodities, software, and technology. Depending on the item, destination, end user, and end use, the EAR and BIS’s antiboycott rules can impose licensing requirements, reporting obligations (including antiboycott reporting), list-based restrictions, and compliance expectations that reach well beyond a simple export shipment.

While BIS primarily regulates items of a dual-use nature, the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) maintains jurisdiction over primarily defense articles and services, through the International Traffic in Arms Regulations (ITAR).

For businesses operating internationally, export controls can affect product classification, technology transfers, onboarding of foreign counterparties, dealings with restricted parties, and responses to government inquiries or enforcement action. These issues often arise in fast-moving commercial settings, requiring practical advice that is both technically grounded and sensitive to operational realities.

Our Export Controls Services

Our Export Controls Practice is designed to help clients navigate BIS-administered export controls across the full lifecycle of regulatory risk. We advise on day-to-day EAR compliance, assist with BIS licensing and restricted party list issues, address antiboycott obligations, and represent clients in BIS enforcement and policy-sensitive agency engagement. We also work on matters that sit at the intersection of BIS export controls and OFAC sanctions, and understand the nuances that come with managing overlapping regulatory expectations.

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Export Controls Compliance

We provide export controls compliance counseling on issues such as EAR jurisdiction and classification, restricted party screening, deemed exports and reexports, and licensing requirements. We also assist client organizations in the design and administration of their export controls compliance programs, including risk assessments, training, audits, internal investigations, and BIS screening support.

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BIS Licensing

We assist clients with BIS licensing matters, including export and reexport license applications, license exception analysis, and related submissions to BIS. Drawing on Kian Meshkat’s experience obtaining BIS licenses for clients across a wide range of industries, we help frame factual and legal issues, coordinate supporting materials, and align licensing strategies with commercial objectives and risk appetite.

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BIS Restricted Party List Removal

We advise parties affected by BIS-administered restricted party lists—such as the Entity List, Unverified List, or Denied Persons List—on options for addressing their status. Drawing on experience preparing successful removal requests before BIS, we assess listing rationales, consider remedial steps, and prepare submissions to seek delisting or other tailored relief from BIS.

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BIS Enforcement & Investigations

We represent clients in BIS enforcement inquiries and investigations, including administrative subpoenas, charging letters, and settlement discussions, with a focus on achieving the most favorable outcome available. Our work includes internal fact-finding, potential voluntary self-disclosures, written responses, and engagement with BIS to resolve enforcement matters.

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Antiboycott Compliance

We help clients comply with U.S. antiboycott rules enforced by BIS, including identifying and responding to boycott-related requests, designing controls to detect problematic clauses, and managing required reporting to BIS’s Office of Antiboycott Compliance (OAC) and the U.S. Department of the Treasury’s Internal Revenue Service (IRS).

Our work also includes advising parties listed on BIS’s Boycott Requester List on options for addressing that status, informed by experience obtaining prior removals, including representation in connection with removal requests before OAC.

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BIS Advocacy & Agency Engagement

We assist clients with strategic engagement before BIS outside the licensing and enforcement context, including interpretive questions, formal advisory opinion requests, and policy-sensitive issues. This may involve developing written submissions, meeting with agency staff, and coordinating advocacy across related regulatory processes.

Prior results do not guarantee a similar outcome.

CONTACT US

Contacting Meshkat Law, P.C. by email, telephone, or this contact form will not establish an attorney-client relationship or obligate the firm to act as your attorney. All new clients and matters must first be processed through the firm’s intake process, including a conflicts check, prior to establishing an attorney-client relationship. Please do not send confidential information until we confirm that there are no conflicts.