Best Sanctions & Export Controls Lawyers in Rochester

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Phillips Lytle LLP
Rochester, United States

Founded in 1834
343 people in their team
English
At Phillips Lytle, we know only one approach to client service. It’s practiced by every one of our attorneys in each of our eight offices. It’s why we’ve been doing what we do for more than 185 years. It’s ingrained in who we are. It’s The Phillips Lytle Way.We’re fully dedicated to our...
Lippes Mathias LLP
Rochester, United States

Founded in 1965
177 people in their team
English
Lippes Mathias LLP is a full-service law firm with more than 135 attorneys serving clients regionally, nationally, and internationally. With offices in Buffalo, N.Y.; Albany, N.Y.; Burlington, Ontario; Chicago, Ill.; New York City; Jacksonville, Fla; and Washington, D.C., the firm represents a wide...
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About Sanctions & Export Controls Law in Rochester, United States

Sanctions and export controls law refers to the federal regulations and policies that govern the movement of goods, technology, information, and certain services across international borders. These laws are primarily designed to protect national security, enforce foreign policy objectives, and prevent the proliferation of sensitive technologies or goods to prohibited destinations or persons. In Rochester, United States, these rules impact a wide range of industries, including manufacturing, technology, academia, and logistics, among others. Local businesses and individuals engaged in international trade need to be aware of these restrictions to avoid serious penalties and ensure their activities are compliant with federal requirements.

Why You May Need a Lawyer

Many businesses and individuals require legal assistance in the field of sanctions and export controls due to the complex and ever-changing nature of these laws. Common situations include the following:

  • Exporting goods, technology, or services from Rochester to foreign countries
  • Importing products subject to licensing or restriction
  • Dealing with international customers, suppliers, or partners
  • Uncertainty regarding classification of products under export control regulations
  • Receiving requests from foreign entities for controlled items or information
  • Responding to government investigations or facing accusations of non-compliance
  • Conducting due diligence on business transactions or mergers involving foreign entities
  • Reviewing and updating internal compliance programs
  • Understanding changes to sanctions affecting target countries or individuals
  • Handling complex licensing applications or voluntary disclosures to government agencies

Engaging a lawyer with experience in this area is important, as violations can lead to severe penalties, including fines, loss of export privileges, and reputational harm.

Local Laws Overview

While most sanctions and export controls are dictated by federal authorities such as the U.S. Department of Treasury's Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce's Bureau of Industry and Security (BIS), local Rochester entities must ensure adherence to these regulations in their business operations. Key legal aspects to consider include:

  • ITAR and EAR regulations: These cover the export of defense-related articles and dual-use items respectively
  • OFAC sanctions: Prohibit dealings with certain countries, entities, or individuals on restricted lists
  • End-user and end-use controls: Regulation based on who will use the exported item and its intended use
  • Prohibited transactions and embargoed areas
  • Licensing requirements for sensitive goods, software, and technical data
  • Antiboycott regulations and their implications for local businesses
  • Recordkeeping, documentation, and reporting obligations

Rochester's rich manufacturing and technology presence means that local companies are frequently subject to scrutiny under these laws. Universities and research institutions in Rochester are also affected if they collaborate with international partners or handle controlled technologies.

Frequently Asked Questions

What are export controls?

Export controls are regulations put in place by the U.S. government to control the distribution of certain technology, information, and goods to foreign countries, entities, or individuals, for reasons of national security and foreign policy.

Who imposes sanctions and controls in the United States?

Federal agencies such as the OFAC, BIS, and the State Department set and enforce sanctions and export control regulations, which businesses and individuals in Rochester must follow.

Do locally manufactured products in Rochester require export licenses?

Some products, especially those considered dual-use or defense-related, may require a license depending on their classification and destination. Consult with a lawyer to determine if your product requires an export license.

What are the consequences of violating export controls?

Penalties can range from hefty fines and loss of export privileges to criminal charges, including imprisonment in extreme cases. Reputational damage can also harm business prospects and partnerships.

How does a Sanctions & Export Controls lawyer assist local businesses?

A lawyer can help with compliance programs, license applications, employee training, internal audits, and representing clients in government investigations or enforcement actions.

Are universities and research institutions affected by these laws?

Yes, especially if they engage in research with foreign nationals or share controlled technologies. Compliance measures are required to prevent unauthorized export of technical data and physical items.

Can an individual be held liable for violations, or is it only the company?

Both individuals and companies can be held liable for violations. Company officers, compliance staff, and even employees can face personal penalties in cases of non-compliance.

Does selling software overseas fall under export controls?

Yes. Software, especially with encryption or defense applications, may require classification and licensing before being exported from Rochester.

What should I do if I discover a possible past violation?

Contact a qualified sanctions and export controls lawyer as soon as possible. Voluntary self-disclosures may mitigate penalties, but proper legal guidance is essential in these cases.

How can I determine if a person or entity is on a restricted list?

OFAC, BIS, and other government agencies maintain online searchable databases. A lawyer can assist in due diligence processes to ensure you do not transact with prohibited parties.

Additional Resources

For those seeking more information or assistance with sanctions and export controls in Rochester, consider the following resources:

  • U.S. Department of Commerce - Bureau of Industry and Security (BIS)
  • U.S. Department of Treasury - Office of Foreign Assets Control (OFAC)
  • U.S. Department of State - Directorate of Defense Trade Controls (DDTC)
  • Rochester Chamber of Commerce International Business Council
  • Local universities' export compliance offices
  • American Bar Association - Export Controls and Economic Sanctions Committee

Next Steps

If you think you may be affected by U.S. sanctions or export controls, the first step is to assess your activities and determine whether they fall under any federal restrictions. Gather all relevant information regarding your products, technology, business partners, and international transactions. Next, consult with a qualified lawyer experienced in sanctions and export controls law to analyze your situation, address compliance gaps, and represent your interests if you are facing an investigation or enforcement action. Many legal professionals in Rochester offer initial consultations and can help you navigate the complexities of these regulations, ensuring your business or research activities are conducted lawfully and efficiently.

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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.