ITAR and Defense Trade Compliance

The defense trade landscape offers substantial opportunities. Yet, complex and evolving rules under the International Traffic in Arms Regulations (ITAR), combined with heightened enforcement by the U.S. Department of State's Directorate of Defense Trade Controls (DDTC), pose challenges that demand sophisticated legal counsel. This means proactive counsel with deep regulatory understanding, proven experience and effective agency advocacy. Holland & Knight's ITAR and Defense Trade Compliance Team delivers this capability.

Led by a former ITAR regulator who shaped the current regulatory scheme, including the development of the defense trade "600 series" controls, we bring a distinct perspective and experience. Our strong knowledge of the regulations and the regulator's perspective enables us to provide strategic counsel for both current and future defense trade challenges. We think proactively – helping clients anticipate and avoid traps, identify vulnerabilities before they become enforcement risks and navigate increasing regulatory complexity with confidence.

This approach provides sound, comprehensive strategies for even the most complex challenges. We leverage our regulatory background to develop tailored solutions and anticipate government objections, using "red team" simulations to stress-test client positions. This methodology, refined through years of experience on both sides of the regulatory process, delivers practical solutions that can make a difference. We also apply the same background to the U.S. Department of Commerce's defense trade 600 series controls under the Export Administration Regulations (EAR).

Our Services Include

• Investigations, Disclosures and Enforcement Defense: Drawing on our distinctive experience, we approach investigations and disclosures with sophisticated methodologies for the specific circumstances, including through our "red team" simulations. We also provide distinct approaches for responding to government inquiries and directed disclosures. Additionally, when a proposed charging letter is received or expected, our Export Control Disputes and Advocacy Team is on call with tested defense strategies.
• Consent Agreements: We have advised scores of companies on all aspects of ITAR consent agreements, from negotiating terms to guiding them through demanding remedial requirements and compliance monitorships. We guide clients through these complex agreements by leading specific remedial actions, anticipating agency expectations and providing the path to successful completion.
• Jurisdiction, Classification and Regulatory Issues: Our attorneys help resolve the most complex jurisdiction, classification and regulatory issues with the highest degree of confidence by anticipating agency positions and identifying the critical legal issues. We handle large-scale item reviews and design effective jurisdiction and classification compliance programs, including under consent agreements that satisfy government scrutiny. When an official DDTC decision is needed, we also deliver persuasive commodity jurisdiction (CJ) requests.
• Registration, Compliance Programs and Assessments: We assist companies in registering as manufacturers, exporters and brokers, and we develop, implement and test robust and scalable ITAR compliance programs tailored to the business and DDTC's expectations. Our experience includes developing compliance programs under consent agreements that meet DDTC's rigorous requirements.
• Licensing and Agency Advocacy: We assist companies in developing strategies to authorize defense exports through licenses, agreements, ITAR exemptions and EAR license exceptions, general correspondence requests and seeking clearance for merger and acquisition (M&A) activities involving foreign parties. We also develop robust positions to advocate before the regulatory agencies to seek favorable regulatory interpretations, licensing decisions, commodity jurisdiction determinations, advisory opinions and rulemaking changes.

In addition to our export compliance and advocacy services, we are proud to offer our defense trade clients one-stop shopping for all their legal needs, including industry-leading government contracts, industrial security, aerospace and M&A practices, as well as one of the foremost public policy, government relations and lobbying practices in the country.