Best Sanctions & Export Controls Lawyers in Sacramento

About Sanctions & Export Controls Law in Sacramento, United States

Sanctions and export controls law governs the transfer of goods, technology, and services to foreign countries, as well as transactions with certain individuals, entities, or countries subject to U.S. government restrictions. In Sacramento, California’s capital, these laws are crucial due to its diverse business community, proximity to state government, and role as a transportation hub. The law serves to ensure compliance with U.S. national security and foreign policy objectives, preventing unauthorized trade that could harm U.S. interests. Both federal and state authorities can be involved in regulating and enforcing these laws, and violations can result in significant civil and criminal penalties.

Why You May Need a Lawyer

Navigating sanctions and export controls can be complex, particularly as regulations change frequently and carry severe legal implications. Common situations where legal assistance is essential include:

• Businesses exporting dual-use items or technology requiring government authorization.
• Transactions involving entities in countries subject to sanctions (like Russia, Iran, Cuba, or North Korea) or on the Specially Designated Nationals (SDN) list.
• Receiving inquiries or investigations from the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Bureau of Industry and Security (BIS), or the Directorate of Defense Trade Controls (DDTC).
• Developing compliance procedures and training for employees to prevent inadvertent violations.
• Voluntary self-disclosures of potential violations to U.S. authorities.
• Understanding whether a license or specific authorization is required for planned business activities.
• Representing individuals or businesses in enforcement actions or negotiations with government agencies.

Local Laws Overview

While U.S. export controls and sanctions are primarily governed by federal law, such as the International Emergency Economic Powers Act (IEEPA), Export Administration Regulations (EAR), and International Traffic in Arms Regulations (ITAR), Sacramento businesses must also adhere to state and local guidelines. The California state government may impose its own procurement and investment restrictions that coincide with or supplement federal sanctions, particularly regarding public contracts and divestment from restricted countries or industries. Businesses in Sacramento must be cognizant of how these rules interact, especially when working with state or local government contracts, universities, or technology entities. It is also important to note that the Port of West Sacramento and other regional logistics centers are significant for trade compliance.

Frequently Asked Questions

What are U.S. sanctions and who enforces them in Sacramento?

U.S. sanctions are economic and trade restrictions targeting specific countries, entities, or individuals for national security or foreign policy reasons. In Sacramento, they are enforced by federal agencies like OFAC, BIS, and DDTC, which work in coordination with local authorities as needed.

Do I need a federal license to export goods from Sacramento?

You may need an export license if the goods, software, or technology are subject to export controls due to their classification or destination. Legal counsel can help determine when a license is required and assist with the application process.

What could happen if I violate sanctions or export control laws?

Violations can result in civil penalties, criminal prosecution, loss of export privileges, and reputational damage. Penalties may include substantial fines and even imprisonment in severe cases.

Are universities in Sacramento subject to export controls?

Yes, research institutions like California State University, Sacramento and UC Davis (nearby) must comply with export controls when sharing technology, conducting research with foreign partners, or hosting international students and scholars.

Can a Sacramento business trade with companies in sanctioned countries?

Generally, no. Transactions with sanctioned countries or entities are prohibited unless authorized by the U.S. government. There are limited exceptions and licenses, so each case should be evaluated by a lawyer.

How can I determine if my customer is on a restricted list?

You can screen prospective customers and business partners using public government lists like the SDN list, Entity List, and Denied Persons List. Legal counsel can implement reliable compliance screening procedures for your business.

What local agencies in Sacramento handle export controls?

While federal agencies primarily handle enforcement, the Sacramento field offices of agencies like the Department of Commerce and local customs authorities may assist with investigations and compliance.

Are there export controls on technology and software in Sacramento?

Yes, technology and software are often covered by export controls, particularly if they have potential military or dual-use applications. Disclosure or transfers to foreign nationals, even within the U.S., may require authorization.

Do export and sanctions laws apply to online businesses in Sacramento?

Yes. Online sales, downloads, and provision of services can fall under export laws and sanctions if goods or services reach restricted destinations or individuals.

What should I do if I suspect a violation occurred?

Contact a qualified sanctions and export controls lawyer immediately. In many cases, self-disclosure to authorities can mitigate penalties, but this process should be managed by experienced legal counsel.

Additional Resources

Several government agencies and organizations provide guidance and support regarding sanctions and export controls:

• Office of Foreign Assets Control (OFAC)
• Bureau of Industry and Security (BIS)
• Directorate of Defense Trade Controls (DDTC)
• Sacramento U.S. Customs and Border Protection (CBP) office
• Sacramento District Export Council
• California Chamber of Commerce International Trade Services
• Greater Sacramento Economic Council
• U.S. Commercial Service, Sacramento office

Next Steps

If you think your business or organization in Sacramento may be impacted by sanctions or export controls, or if you have received a government inquiry, it is wise to seek prompt legal advice. Here’s how to proceed:

• Gather all relevant documents and communications pertaining to the potential export or transaction in question.
• Consult with an attorney who specializes in U.S. sanctions and export controls, particularly one familiar with California-specific applications.
• Assess your current compliance program and employee training. Consider a compliance audit or gap analysis.
• If a violation may have occurred, promptly discuss voluntary self-disclosure options with your legal counsel.
• Continue monitoring federal and local regulatory changes and update your compliance program as needed.

Proactive compliance and early legal intervention can help safeguard your business interests and reduce the risk of costly enforcement action.