Best International Trade Law Lawyers in San Jose

About International Trade Law in San Jose, United States

International Trade Law governs how goods, services, and technology move across borders. It includes tariff regimes, export controls, sanctions, customs enforcement, and trade remedies. In San Jose, home to many technology firms and importers, counsel often focuses on classifying products, obtaining licenses, and ensuring compliance with U.S. and international obligations.

Practitioners in this field advise on risk management, contract structuring, and dispute resolution related to cross-border transactions. They help businesses navigate complex regulatory frameworks while maintaining efficient operations. Given San Jose’s role in the tech ecosystem, understanding export controls and customs requirements is essential for sustainable growth and legal compliance.

Source: Export controls regulate dual-use and defense related items under the Export Administration Regulations (EAR) and ITAR, affecting how San Jose firms export technology. BIS - Export Administration

Why You May Need a Lawyer

• Case 1 - ITAR or EAR licensing for San Jose hardware exports: A local startup designs radio modules and export controls determine whether licensing is needed for shipments to Europe. An attorney helps classify items, prepare license applications, and align terms with end-use and end-user requirements.

• Case 2 - Tariff and Section 301 planning for imports: A San Jose electronics assembler imports components from abroad and faces import duties and potential tariff exclusions. A legal counsel reviews product classifications and guides protests or exclusions requests where appropriate.

• Case 3 - Encryption software export controls: A San Jose software company develops cryptographic software and seeks to export to foreign partners. Counsel assesses ECCN classification, license exceptions, and encryption self-classification obligations.

• Case 4 - sanctions compliance for cross-border transactions: A San Jose distributor must avoid transactions involving restricted regions or sanctioned parties. An attorney builds an OFAC compliance program and reviews licensing options when needed.

• Case 5 - Customs compliance and accurate entries: A San Jose business risks penalties for inaccurate customs entries or misclassification. Counsel helps set up compliant entry processes and respond to CBP inquiries or audits.

• Case 6 - USMCA and cross-border supply chains: A Bay Area manufacturer sources parts from Mexico and Canada. A lawyer confirms origin claims, tariff eligibility, and proper documentation under USMCA rules.

Local Laws Overview

International Trade Law in San Jose is primarily governed by federal law, with California agencies and local business practices playing a supporting role. The following regimes are central to most cross-border transactions involving San Jose firms.

Export Administration Regulations (EAR)

The EAR controls export, re-export, and transfer of most dual-use and some military items. It is implemented by the Bureau of Industry and Security (BIS) within the U.S. Department of Commerce. Items are categorized by Export Control Classification Number (ECCN) and licensing is required for many destinations and end-uses. The EAR was shaped by export control reform efforts that began in the mid-2010s and continue to evolve through rulemaking.

Source: The EAR governs export controls for dual-use items, with licensing and exceptions administered by BIS. BIS - EAR

Recent changes have focused on refining license requirements for sensitive technologies and clarifying license exception usage. For San Jose businesses, this means ongoing due diligence on product classifications and end-use checks. Counsel can help map product lines to ECCNs and design compliance programs.

International Traffic in Arms Regulations (ITAR)

ITAR regulates defense related articles and services, managed by the Directorate of Defense Trade Controls (DDTC) within the U.S. Department of State. Items on the United States Munitions List (USML) require licenses for export, with strict controls on foreign re-exports and broker activities. San Jose firms engaged in defense or high-security technologies must carefully assess ITAR applicability.

Source: ITAR licensing and enforcement are handled by DDTC, with specific controls on defense articles. DDTC - ITAR

ITAR updates frequently address technology transfer, classification changes, and end-use/end-user restrictions. Local counsel assists with classification decisions, license applications, and post-licensing compliance to avoid penalties or serious delays in trade.

Tariff Act, Customs Modernization Act and Related Import Regulations

The Tariff Act of 1930 and the Customs Modernization Act (CMA) govern import duties, classification, and valuation of goods entering the United States. Customs authorities, including U.S. Customs and Border Protection (CBP), enforce these rules at ports of entry. San Jose importers file electronically through CBP’s systems, and accurate entry data is essential to avoid penalties.

Source: The CMA modernizes import procedures and requires accurate entry data; CBP oversees customs compliance. CBP - Customs

In practice, this means correct tariff classifications, duty payments, and proper origin documentation are critical. Local counsel helps implement internal compliance programs and respond to CBP audits or inquiries efficiently.

Frequently Asked Questions

What is International Trade Law in San Jose?

International Trade Law governs cross-border sales, licensing, and enforcement of customs rules. It covers export controls, tariffs, sanctions, and trade remedies relevant to San Jose businesses.

How do I know if my product is ITAR or EAR controlled?

Classification depends on the product’s end use, end user, and technical specifications. An attorney can conduct a classification review and advise on licensing requirements.

When do I need an export license for encryption software?

Licensing is often required for exporting cryptographic software. An attorney can determine whether license exceptions apply and assist with license applications.

Where can I find official guidance on US export controls?

Official guidance is available from BIS and DDTC on their websites, including licensing processes and classification criteria.

Why might a Section 301 tariff affect my San Jose business?

Tariffs on imported components can raise cost of goods sold and alter supply chain strategies. Counsel can evaluate exemptions, refunds, or reclassification options.

Can my company ship to sanctioned countries legally?

Some destinations are restricted or prohibited. A lawyer helps implement OFAC compliance programs and assess licensing pathways if allowed.

Should I pursue USMCA origin rules for cross-border shipments?

Yes, understanding origin and tariff eligibility under USMCA can reduce duties. An attorney can guide documentation and testing requirements.

Do I need a California or local permit for international trade activities?

Most international trade activities are federal with some state and local reporting. An attorney helps determine if local registrations are required for tax or reporting purposes.

Is it possible to appeal a customs ruling in San Jose?

Yes, you can seek administrative reconsideration or pursue a protest with CBP. Legal counsel can manage deadlines and evidence submission.

How long does it take to obtain a license decision?

Processing times vary by agency and item. Routine EAR licenses may take weeks to months, while ITAR licenses often require longer review and coordination.

What is a license exception and can I use one?

License exceptions allow export under specified conditions without a license. Eligibility depends on item classification and destination, and counsel can assess applicability.

Additional Resources

• Bureau of Industry and Security (BIS) - U.S. Department of Commerce; administers the EAR and license processes for dual-use items. https://www.bis.doc.gov
• U.S. Department of State - Directorate of Defense Trade Controls (DDTC) - Oversees ITAR licensing and enforcement for defense articles. https://www.pmddtc.state.gov/
• U.S. Customs and Border Protection (CBP) - Enforces customs laws, manages entry filings and compliance programs. https://www.cbp.gov

Next Steps

1. Define your trade activity and gather all relevant product specifications, end-use statements, and customer destinations within two weeks.
2. Consult a qualified international trade attorney in San Jose to review classification, licensing needs, and potential sanctions exposure within 1-2 weeks of gathering documents.
3. Request a formal classification assessment from BIS or DDTC if you are unsure about EAR or ITAR controls, and identify applicable license exceptions within 2-4 weeks.
4. Develop a licensing strategy and prepare necessary documentation, including end-use/end-user statements and technical data control plans, within 2-6 weeks.
5. Implement a compliance program with internal controls, training, and periodic audits to minimize risk of regulatory breaches within 1-3 months.
6. Coordinate with CBP during import shipments by ensuring accurate tariff classifications and origin documentation, with ongoing monitoring of entry data within ongoing operations.
7. Review and adjust your supply chain and licensing approach after the first 90 days based on feedback from agencies and business performance to reduce delays and costs.