Export Controls
Akin is a recognized leader in advising and representing clients on the full range of administrative, public policy and litigation concerns arising out of export controls. Within the framework of our large international trade practice, we stand out from competitors with highly skilled, global experience across multiple jurisdictions, including the United States, United Kingdom and European Union.
We advise companies on the complex laws and regulations governing the export and re-export of goods and technology from the United States, the United Kingdom and the European Union. We are experienced in export classification and licensing, compliance and enforcement under the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) and EU trade regulations.
Our team members also have experience working on site at companies to implement all aspects of U.S. export control rules, from jurisdiction and classification of legacy and new items. We work closely with clients to analyze the licensing implications of ECR and identify favorable licensing authorities, such as license exceptions and exemptions.
We work closely with U.S. and U.K. regulators, EU and EU member state export controls regulators and relevant authorities in other jurisdictions, as well as with our clients, to understand and effect export control requirements for emerging technologies. Today’s global business environment requires worldwide coordination, rapid transfer of information and vast amounts of data storage. In order to remain effective, export control requirements must take into consideration emerging technologies, such as cloud computing, advanced encryption controls, the use of cyber-surveillance technology and data privacy and cybersecurity considerations. Akin lawyers assist clients and work with U.S. and international government agencies to think through these issues and work toward business-friendly solutions that simultaneously advance national security and cybersecurity objectives.
Our practice is among the largest, most distinguished and most geographically diverse in the world. It includes lawyers with government experience, including Bureau of Industry and Security (BIS), Office of Foreign Asset Control (OFAC), former members of the National Security Council, White House Office of Management and Budget (OMB) and U.S. Department of Justice (DOJ), among others. We pride ourselves on bringing international experience and a global perspective to our clients’ matters.
Emerging Technologies – We advise on export control requirements for emerging technologies such as artificial intelligence, cloud computing, advanced encryption, cyber surveillance tools, and data privacy and cybersecurity-related technologies. Our team works closely with clients and regulators in the U.S., Hong Kong, and other key jurisdictions to develop practical, business-aligned solutions that meet national security objectives while supporting innovation and growth.
Compliance, Classification, and Licensing - We assist financial institutions in designing and implementing export control compliance frameworks tailored to their operations, including transaction screening protocols, red flag identification, and escalation procedures in line with BIS’s October 2024 guidance. Our services include internal audits, risk assessments, and the preparation of export classification requests and license applications.
Enforcement – Akin regularly supports clients in identifying, remediating, and disclosing potential violations of export control laws. We represent clients in voluntary self-disclosures and enforcement actions before BIS, OFAC, and other regulatory bodies, and negotiate favorable resolutions to minimize legal and reputational risk.
Transactional Planning / Diligence – We assist clients with cross-border transactions by conducting due diligence and developing strategies to mitigate international trade compliance liabilities
Lobbying & Public Policy – As a heralded lobbying & public policy firm, Akin is actively involved in the export control & sanctions-related reform initiatives of the President’s Export Council Subcommittee on Export Administration, congressional working groups, American Bar Association and other professional associations and private business coalitions.
