Export Control Compliance: Technology Transfers and Deemed Exports

Crafting a Comprehensive Compliance Program to Mitigate Penalties for Inadvertent Violations

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Thursday, December 3, 2009

Recorded event now available

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Course Materials

This CLE seminar will discuss export regulations and enforcement for transfer of technology and technical data and the steps companies and counsel should take to minimize risk and remain compliant with export regulations.


The transfer of technology and technical data and the applicability of the deemed export rule pose growing compliance concerns for companies. Before selling or allowing sale of its products, a business must determine what technologies are subject to export controls to ensure full compliance.

The proliferation of email and use of the Internet increases the accessibility of data from anywhere in the world, raising new risks in regulating the transfer of technical data and information. Companies must be vigilant to prevent intentional and unintentional export control violations.

As a result, companies must establish and implement comprehensive export control compliance programs. Compliance programs can deter violations and will also factor into the government’s enforcement analysis and can mitigate penalties if a violation occurs.

Listen as our authoritative panel of international trade counsel reviews the regulations and enforcement landscape of technology transfers, examines the key components of an effective compliance program, and offers best practices for complying with the regulations to prevent export violations and mitigate risk.



  1. Regulations and enforcement
    1. International Traffic in Arms Regulations (ITAR)
    2. Export Administration Regulations (EAR)
    3. Scope of the laws and application to U.S. and non-U.S. persons
    4. Different forms of export licenses and other authorizations that apply to tech transfers
    5. Enforcement trends and who is at risk and why
  2. Developing controls
    1. Basic elements of export controls compliance program for tech transfers and services
    2. Identifying where tech transfers occur or can occur
    3. Designing effective protective measures
    4. Confidentiality requirements
    5. IP requirements
    6. Liability allocation for export requirements and certifications


The panel will review these and other key questions:

  • What factors does Commerce Department Bureau of Industry and Security consider when assessing the effectiveness of a company's export compliance program?
  • What key elements should be incorporated in an effective company export compliance program?
  • What steps should companies and counsel take if misconduct is suspected?
  • What constitutes voluntary disclosure and when should it be made?


Giovanna M. Cinelli
Giovanna M. Cinelli

Patton Boggs

She chairs the firm’s Export Control Practice Group. She advises clients on complex export/import control and...  |  Read More

Lichtenbaum, Greta
Greta Lichtenbaum

O'Melveny & Myers

Ms. Lichtenbaum's practice principally relates to regulations governing international business transactions and...  |  Read More

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