Best Sanctions & Export Controls Lawyers in Buffalo

About Sanctions & Export Controls Law in Buffalo, United States

Sanctions and export controls are primarily federal legal regimes that regulate trade, financial transactions, and technology transfers involving certain countries, entities, and individuals. In the United States these controls are administered by several federal agencies - including the Department of the Treasury Office of Foreign Assets Control - OFAC, the Department of Commerce Bureau of Industry and Security - BIS, and the Department of State Directorate of Defense Trade Controls - DDTC. The rules cover a wide range of activity including physical shipments, software and technology transfers, technical assistance, reexports, and financial transactions.

Buffalo sits on the border with Canada and is a regional hub for manufacturing, logistics, research institutions, and cross-border commerce. That location brings specific compliance considerations for businesses and individuals engaged in imports, exports, cross-border logistics, cross-border employment, or research collaboration. While federal law is central, local organizations, port and customs operations, and state-level procurement rules can also shape how sanctions and export controls affect activities in the Buffalo area.

Why You May Need a Lawyer

Sanctions and export control law is complex and can carry severe civil and criminal penalties. You should consider contacting a lawyer if you face any of the following situations:

• You are unsure whether a product, software, or technology requires an export license or falls under an exclusion such as EAR99 or a specific license exception.
• Your business supplies dual-use items, controlled technology, or defense articles to foreign customers, or you employ foreign nationals who may receive controlled technical information - the so called deemed export risk.
• You or your company has been notified of an investigation, subpoena, administrative enforcement action, or a seizure by U.S. Customs and Border Protection or another agency.
• You suspect a transaction involves a sanctioned person or entity listed on the Specially Designated Nationals and Blocked Persons List - SDN list - or the Entity List, or that counterparties are using front companies to evade controls.
• You need to create or update an export compliance program, internal policies, classification procedures, screening processes, or training for staff.
• You are a researcher at a university or company and need advice on how to handle foreign collaborations, visiting scholars, or transfers of controlled technical data.
• You require assistance preparing and submitting a voluntary self-disclosure to OFAC, BIS, or another agency, or negotiating settlement terms for alleged violations.
• You need to understand how state and local procurement rules intersect with federal sanctions - for example when bidding on government contracts or receiving state grants.

Local Laws Overview

Although sanctions and export controls are governed mainly by federal law, several local and regional factors are especially relevant in Buffalo:

• Cross-border activity - Proximity to Canada means many Buffalo businesses and carriers regularly move goods, parts, and people across the border. Customs and export-control rules apply to shipments and to electronic transfers of technology and software. Coordination with U.S. Customs and Border Protection and Canadian authorities is a routine issue.
• Port and logistics requirements - Ports, freight forwarders, and carriers operating at the Port of Buffalo and other local terminals must comply with export control filings, manifest requirements, and screening obligations. Detentions or seizures by local port authorities or CBP can trigger criminal or administrative exposure.
• State procurement and investment policies - New York State and many local governmental bodies may have procurement or divestment rules that address doing business with certain countries or entities. Entities pursuing state contracts should be aware of any state-level screening or certification requirements.
• Higher education and research - Local universities and research institutions, including the University at Buffalo, operate under federal export control rules related to deemed exports, licensing for controlled research, and fundamental research exclusions. Institutional export control offices are a common local resource.
• Financial institution compliance - Banks and money service businesses in Buffalo must comply with OFAC and relevant state banking regulations when processing cross-border transactions and screening customer relationships.

Frequently Asked Questions

What is the difference between sanctions and export controls?

Sanctions are restrictions on transactions with specific countries, entities, or individuals and often include asset freezes and prohibitions on dealings with designated parties. Export controls regulate the transfer and sale of goods, software, and technical data based on their nature and intended end use or end user. Both can restrict trade, but sanctions are usually targeted by party or country while export controls are focused on the item and the end use or end user.

How do I know if an item needs an export license?

Determining whether an item needs a license requires classification. For Commerce-regulated items you need an Export Control Classification Number - ECCN - or determine if the item is EAR99. For defense articles you need to check the U.S. Munitions List and work with DDTC. Classification often requires technical review. A lawyer or qualified export compliance professional can help you classify items and determine license requirements and exceptions.

What are deemed exports and why should I care?

A deemed export occurs when controlled technology or technical data is released to a foreign national within the United States, including at a workplace or university. This can trigger the same licensing requirements as exporting the item abroad. Employers and research institutions need processes to manage access for foreign national employees and visitors.

What happens if my shipment is detained at the Port of Buffalo?

If CBP or another agency detains a shipment, officials may inspect the cargo and supporting export documents. Detention can lead to civil penalties, seizure, or referral for criminal investigation if violations are suspected. You should preserve records, speak to counsel before responding to enforcement inquiries when possible, and consider voluntary disclosure if you discover a violation.

Can I be held criminally liable for export control violations?

Yes. Serious violations can result in criminal prosecutions, which may lead to significant fines and imprisonment. Civil penalties and administrative sanctions such as denial of export privileges are also common. Intent, knowledge, and willfulness are important factors in criminal cases, but strict liability civil penalties can apply in many administrative enforcement actions.

How do I screen customers and partners for sanctions risk?

Screening usually involves checking counterparties against sanctions lists such as the SDN list, the Entity List, and other government lists, and performing enhanced due diligence when risks are identified. A robust compliance program includes automated screening, policies for dealing with potential matches, and escalation procedures to legal counsel when a match appears ambiguous or problematic.

If I find I violated a rule, should I self-disclose?

Voluntary self-disclosure can mitigate penalties in many circumstances and is encouraged by agencies such as OFAC and BIS. Whether to self-disclose depends on the facts, the extent of the violation, potential criminal exposure, and coordination with counsel. A lawyer can evaluate the risks and assist in preparing a careful and complete disclosure.

How does cross-border business with Canada affect export controls in Buffalo?

Cross-border commerce is subject to U.S. export controls and Canadian export or import rules. Transfers to Canada may be subject to license requirements depending on the item and end use. Proper documentation, correct classification, and coordination with customs authorities on both sides of the border are crucial.

Where can a small business in Buffalo get help setting up an export compliance program?

Small businesses can work with specialized local counsel, trade compliance consultants, and institutional resources such as the U.S. Export Assistance Center or local SBA office. Many regional organizations and local universities offer training, and an attorney can help tailor policies, training, recordkeeping practices, and screening to the business needs.

How do export controls affect academic research in Buffalo?

Academic research that is truly fundamental and publicly shared may be exempt from export controls under the fundamental-research exclusion, but not all research qualifies. Controlled research, foreign collaboration, and access by foreign nationals can raise deemed export issues. Universities typically have export control offices to guide faculty and staff.

Additional Resources

For authoritative guidance and enforcement information, relevant government agencies include the Department of the Treasury Office of Foreign Assets Control - OFAC, the Department of Commerce Bureau of Industry and Security - BIS, the Department of State Directorate of Defense Trade Controls - DDTC, and U.S. Customs and Border Protection - CBP. Local resources that can be useful in Buffalo include the University at Buffalo export control office, the Buffalo-Niagara Customs and Border Protection field offices, the Small Business Administration Buffalo district office, and regional trade or manufacturing associations.

Professional organizations to consider for legal referrals and guidance include the Erie County Bar Association and the New York State Bar Association, including their international law and compliance-focused sections. Trade compliance consultants and experienced law firms with a focus on trade, sanctions, and export controls can provide practical support and representation.

Next Steps

If you think you need legal help with a sanctions or export control matter in Buffalo, consider the following practical steps:

• Document and preserve all relevant records - contracts, invoices, shipping documents, technical specifications, emails, and internal compliance materials.
• Contact an attorney experienced in sanctions and export controls. Seek local counsel if you prefer in-person meetings, or national counsel if your issue is geographically broad. Ask about experience with OFAC, BIS, DDTC, and CBP matters, and with voluntary disclosures.
• Prepare for your initial consultation - outline the timeline, parties involved, jurisdictions, and the specific goods, software, or technical data at issue. Bring any correspondence from government agencies.
• Assess immediate compliance steps - stop potentially noncompliant shipments if advised, implement temporary screening or hold procedures, and identify potential remediation measures.
• Consider whether a voluntary self-disclosure is appropriate and discuss timing and substance with counsel before filing.
• Develop or improve your compliance program - classification procedures, license determination processes, denied-party screening, employee training, recordkeeping practices, and internal audits.
• Engage local resources - university export control offices for research questions, CBP field offices for customs guidance, and local trade groups or the SBA for business support.

Sanctions and export control matters can have serious consequences, but timely legal advice and a strong compliance posture can significantly reduce risk. If you are in doubt, reach out to a qualified attorney familiar with federal export controls and the local Buffalo context to get tailored guidance.