Best Sanctions & Export Controls Lawyers in Berkeley

About Sanctions & Export Controls Law in Berkeley, United States

Sanctions and export controls law involves a complex set of rules and regulations that govern how goods, technology, and services may be transmitted from the United States to other countries and parties. In Berkeley, as in the rest of the United States, individuals and businesses must comply with federal laws that restrict certain exports and dealings with embargoed countries, companies, and individuals. These laws aim to protect national security, support foreign policy objectives, and prevent the proliferation of sensitive technology.

For Berkeley-based entities, this means that compliance is mandatory when engaging in international trade or research, especially given the city’s close ties to academic institutions like the University of California, Berkeley, and a large international business community. Non-compliance can result in severe civil and criminal penalties, business disruption, and reputational harm.

Why You May Need a Lawyer

Sanctions and export controls law can be highly technical and is constantly changing as U.S. foreign policy evolves. You may need legal advice in situations including:

• Exporting goods, software, or technology outside the United States
• Collaborating with non-U.S. persons on research projects
• Receiving funding or equipment from foreign sources
• Dealing with embargoed countries or restricted parties
• Merger or acquisition involving international business partners
• Self-disclosure of potential violations to federal agencies
• Internal investigations of compliance practices

An experienced lawyer can provide guidance on regulatory requirements, assist with licensing applications, represent your interests in agency audits or investigations, and help develop internal compliance programs.

Local Laws Overview

While export controls and sanctions are primarily governed by federal law, Berkeley residents and businesses must also be aware of localized compliance responsibilities, especially when affiliated with academic or research institutions. The City of Berkeley is home to institutions that frequently handle sensitive technology, making compliance with the following federal agencies particularly relevant:

• U.S. Department of Commerce - Bureau of Industry and Security (BIS): Regulates dual-use items under the Export Administration Regulations (EAR).
• U.S. Department of State - Directorate of Defense Trade Controls (DDTC): Regulates defense articles and services under the International Traffic in Arms Regulations (ITAR).
• U.S. Department of the Treasury - Office of Foreign Assets Control (OFAC): Administers economic and trade sanctions.

Local companies and universities often have their own compliance offices, policies, and required training. However, individuals and businesses are ultimately responsible for ensuring they do not, directly or indirectly, breach federal requirements.

Frequently Asked Questions

What are sanctions and export controls?

Sanctions are restrictions or prohibitions imposed by the government on dealings with certain countries, entities, or individuals. Export controls are rules that limit the transfer of certain goods, technology, or software to foreign countries or nationals.

Do Berkeley businesses need to comply with federal export control laws?

Yes. All individuals and organizations in Berkeley must comply with U.S. export control and sanctions regulations, regardless of the size of the business or institution.

Which federal agencies enforce export controls and sanctions?

The Bureau of Industry and Security (BIS), Directorate of Defense Trade Controls (DDTC), and Office of Foreign Assets Control (OFAC) are the main agencies responsible for enforcement.

What activities might require an export license?

Exporting controlled goods, sharing controlled technology with foreign nationals (even within the U.S.), working with embargoed countries, and some international collaborations may require licenses.

What is a "deemed export"?

A "deemed export" occurs when controlled technology or information is released to a foreign national within the United States. This release is "deemed" to be an export to that person’s home country.

How can I find out if my product or project is subject to export controls?

You should review the Commerce Control List (CCL) under the EAR or the U.S. Munitions List (USML) under the ITAR. Legal counsel or your institution’s export control office can assist with classification.

What are the penalties for violating export controls or sanctions?

Violations can result in substantial fines, imprisonment, loss of export privileges, and denial of government contracts.

Are there special rules for universities and researchers in Berkeley?

Yes. Universities frequently handle restricted technology and must ensure compliance with export laws, especially for research involving foreign nationals or collaborations with foreign entities.

Do I need to screen my customers or partners before conducting business?

Yes. Screening against government lists of restricted parties is a crucial step to prevent illegal transactions.

Can I get legal help if I think I made an export violation?

Yes. Consulting a lawyer quickly can help you understand your obligations, assess the risks, and guide you through voluntary disclosure to federal authorities if needed.

Additional Resources

If you are seeking more information or need assistance, the following resources might be useful:

• U.S. Department of Commerce - Bureau of Industry and Security (BIS)
• U.S. Department of State - Directorate of Defense Trade Controls (DDTC)
• U.S. Department of the Treasury - Office of Foreign Assets Control (OFAC)
• University compliance offices (especially relevant for UC Berkeley faculty and students)
• Berkeley Chamber of Commerce for business-related support
• Qualified local law firms specializing in international trade, sanctions, and export controls

Next Steps

If you believe you require legal assistance in sanctions and export controls, consider the following steps:

• Gather all relevant information about your proposed activities, products, or partnerships.
• Consult your institution’s export controls office, if applicable.
• Contact a lawyer in Berkeley who specializes in sanctions and export controls law.
• Be prepared to discuss the specifics of your situation and provide documentation as needed.
• Stay informed about changes in federal regulations and participate in compliance training where available.

Prompt legal guidance can help you navigate complex requirements, minimize risk, and ensure your activities stay within the bounds of the law.