Best Sanctions & Export Controls Lawyers in Brooklyn
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Find a Lawyer in BrooklynAbout Sanctions & Export Controls Law in Brooklyn, United States
Sanctions and export controls are federal legal regimes that restrict trade, financial transactions, and the transfer of goods, software, and technology to certain countries, entities, and individuals. In Brooklyn, United States, businesses, non-profits, academic institutions, and individuals are subject primarily to US federal laws and regulations enforced by agencies such as the Department of the Treasury - Office of Foreign Assets Control, the Department of Commerce - Bureau of Industry and Security, and the Department of State - Directorate of Defense Trade Controls. These rules apply to physical exports, reexports through third countries, transfers of controlled technology to foreign nationals in the United States, and financial dealings that could facilitate prohibited transactions.
Because Brooklyn is part of the New York City region with busy ports, international commerce hubs, manufacturing clusters, and a strong financial services presence, local actors frequently interact with regulated goods and cross-border payments. That means sanctions and export controls compliance is a practical concern for many organizations and individuals in Brooklyn who import, export, hire foreign nationals, or engage in international finance.
Why You May Need a Lawyer
Sanctions and export controls are complex, technical, and fact-sensitive. Legal help is often needed when the stakes are high, when compliance is unclear, or after a potential violation occurs. Common situations where people and organizations in Brooklyn need a lawyer include:
- Responding to government inquiries, subpoenas, or enforcement actions from OFAC, BIS, DDTC, Customs and Border Protection, or the Department of Justice.
- Preparing and submitting export license applications or commodity classification requests, including ECCN classifications or commodity jurisdiction determinations.
- Handling a seized shipment, detained cargo at the Port of New York and New Jersey, or customs penalties.
- Conducting due diligence and risk assessments in cross-border transactions, mergers and acquisitions, or supply-chain reviews to identify sanctioned parties or restricted end-uses.
- Advising on deemed exports - transfers of controlled technology or technical data to foreign nationals in Brooklyn workplaces or campuses.
- Designing or auditing internal compliance programs, policies, and training to reduce risk and meet regulatory expectations.
- Representing individuals or companies in criminal investigations or negotiating settlements, including voluntary self-disclosures that can materially reduce enforcement penalties.
Local Laws Overview
While sanctions and export controls are predominantly federal, several local and state elements are particularly relevant in Brooklyn:
- Federal primacy with local impact - Federal statute and agency regulations set the substantive rules, but local enforcement and business activity in Brooklyn can bring federal scrutiny through ports, financial institutions, and local criminal investigations.
- New York financial and regulatory environment - New York State and the New York Department of Financial Services take an active interest in financial institutions and money-transmission businesses. Financial compliance practices in Brooklyn-based firms can draw attention from state regulators as well as federal agencies.
- Port and customs enforcement - Brooklyn businesses that import or export through the Port of New York and New Jersey must comply with CBP rules, export control licensing, and inspections at the local terminals.
- Higher-education and research institutions - Brooklyn campuses that host foreign nationals or conduct sensitive research must manage deemed-export risks and institutional export-control policies.
- Local contracting and procurement - Municipal and state procurement rules may include sanctions-related vendor screening or restrictions that affect Brooklyn-based vendors working with government entities.
- Complementary state and local enforcement - State attorneys general and local law-enforcement agencies may coordinate with federal authorities in complex cases that touch on sanctions evasion, money laundering, or illicit trade.
Frequently Asked Questions
What is the difference between sanctions and export controls?
Sanctions are economic and financial restrictions that target countries, governments, organizations, or individuals to change behavior or punish misconduct. Export controls regulate the movement of certain goods, technology, and software for national security, foreign policy, or nonproliferation reasons. Both can overlap - for example, sanctioned parties may be subject to specific export-control restrictions.
Who enforces sanctions and export controls in the United States?
Primary federal enforcers are the Department of the Treasury - Office of Foreign Assets Control for sanctions, the Department of Commerce - Bureau of Industry and Security for many dual-use export controls, and the Department of State - Directorate of Defense Trade Controls for defense articles and services. Customs and Border Protection enforces import-export border rules. The Department of Justice prosecutes criminal violations.
Do US export controls apply to activities in Brooklyn even if the shipment does not leave the country?
Yes. Export controls can apply to so-called deemed exports - transfers of controlled technology or technical data to foreign nationals in the United States. If a Brooklyn employer provides controlled technical information to a foreign national employee without authorization, that transfer can constitute an export-controlled transaction.
How can I check whether a person or company is on a sanctions list?
Sanctions lists are published by federal agencies and include designations such as Specially Designated Nationals. Screening against these lists is a fundamental compliance step. Because designations are updated regularly and may use alternate spellings, professional screening tools and legal advice can help ensure accurate results and appropriate escalation of hits.
What are the consequences of violating sanctions or export control laws?
Consequences include civil monetary penalties, seizure of goods, denial of export privileges, reputational harm, and criminal prosecution for willful or egregious violations. Penalties can be substantial and may include large fines and, in criminal cases, imprisonment. Agencies consider factors like intent, remediation, and compliance programs when calculating penalties.
What should I do if a shipment is detained by customs in Brooklyn?
If a shipment is detained, do not destroy documents or attempt to move the goods. Preserve records, notify customs and any potentially impacted partners, and consult counsel immediately. An attorney can help assess the hold reason, prepare responses, and pursue administrative remedies or litigation if appropriate.
When is a license required to export goods or technology from Brooklyn?
A license may be required when the item is controlled for national security, military, or proliferation reasons, or when the recipient or destination is subject to sanctions. Determining license requirements involves classifying the item, identifying the end-use and end-user, and checking the destination and any applicable trade restrictions. Legal counsel or licensing specialists can assist with classification and license applications.
What is a voluntary self-disclosure and should I make one?
A voluntary self-disclosure is a submission to a government agency admitting potential violations, providing facts, and proposing remedial steps. Agencies may mitigate penalties for timely, thorough disclosures. Whether to disclose depends on the facts, potential exposure, and legal risks. Seek legal advice before submitting a disclosure to ensure it is appropriate and properly framed.
How do I build an effective sanctions and export controls compliance program in Brooklyn?
Key elements include senior management commitment, risk assessments tailored to your operations, written policies and procedures, screening and transaction controls, export classification and licensing processes, training for employees, recordkeeping, audits, and escalation procedures for potential violations. Local factors such as port activity, foreign-national hiring, and financial transactions should shape the program.
How do I choose a lawyer experienced in sanctions and export controls in Brooklyn?
Look for lawyers or firms with demonstrated experience handling OFAC, BIS, DDTC, CBP, or DOJ matters. Ask about prior matters, outcomes, government experience, and multidisciplinary capabilities. Confirm experience with voluntary disclosures, license applications, litigation, and compliance program design. Consider local knowledge of Brooklyn business sectors and relationships with regulatory bodies.
Additional Resources
Resources that can help someone in Brooklyn navigate sanctions and export controls include federal agencies and local institutions. Relevant federal bodies include the Office of Foreign Assets Control, the Bureau of Industry and Security, the Directorate of Defense Trade Controls, Customs and Border Protection, the Department of Justice, and the Department of Commerce. State and local bodies such as the New York State Department of Financial Services and the New York Attorney General may also provide guidance or take enforcement actions in financial or trade-related matters.
Local professional resources include bar associations and trade groups that offer trainings, committees on international trade and compliance, and local export assistance centers and small business development centers that can help with classification and export planning. Customs brokers, freight forwarders, and experienced compliance consultants in the New York metropolitan area can provide operational support for Brooklyn exporters.
Next Steps
If you believe you need legal assistance for a sanctions or export controls issue in Brooklyn, follow these practical steps:
- Stop or pause the relevant activity if advised by counsel to prevent further risk. Document what occurred and preserve all related records and communications.
- Gather key documents such as contracts, shipping records, internal communications, export classifications, license applications, screening records, and any correspondence with government agencies.
- Contact an attorney who specializes in sanctions and export controls. Prepare a concise summary of the facts and a list of questions to maximize the first consultation.
- Discuss immediate risk management steps with counsel, including whether a voluntary self-disclosure is advisable, how to cooperate with investigators, and how to remediate compliance gaps.
- If you operate a business, prioritize implementing or strengthening a compliance program tailored to your Brooklyn operations. This may include training, automated screening tools, export classification workflows, internal audits, and escalation procedures.
Seeking experienced legal counsel early can reduce risk, preserve mitigation options, and help you navigate both regulatory requirements and potential enforcement scenarios. Specialists who understand federal regimes and the local New York environment can provide practical, actionable guidance for businesses and individuals in Brooklyn, United States.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.