David Hayes - Export Controls

US Export Control Issues Affecting Non-US Companies

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US Issues Affecting Non-US Companies

Q.  Doesn't ITAR conflict with EU employment laws?
A.  Yes, and so does EAR.  There is no 'magic bullet' and the conflict of laws here cannot be resolved by industry.  However, the risks arising from the conflict can be mitigated by effective compliance management.
Q.  Can a non-US company apply directly to re-export US controlled items?
A.  Yes, but it is often easier and quicker to ask your US supplier/partner to do this on your behalf.
Q.  Can a non-US product become US controlled, thereby closing off potential markets to which USG may object.
A.  Yes, but this impact can be managed.  If you intend to supply a non-US product into the US, the time to make a commercial decision regarding the future market for that product is before the initial supply.  Accepting future US jurisdiction may or may not be a logical commercial choice but it is by no means inevitable, if the activity is properly managed.

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