Foreign Corrupt Practices Act and Export Controls (EAR)

Export Controls and the Foreign Corrupt Practices Act — Lawyer Mario L. Herman

Conducting business in foreign countries can be lucrative but it can also put your business interests at risk. Trade and business laws vary from country to country. Attempting to monitor your business operations from another country can be difficult without a clear understanding of the potential pitfalls you face.

I am Mario L. Herman, a franchise and foreign corrupt practices act attorney. Contact me in order to arm yourself with the international business information you need to oversee international business operations around the globe.

Foreign Corrupt Practices Act

The Foreign Corrupt Practices Act (FCPA) prohibits U.S. firms from providing bribes to foreign officials in order to obtain or retain business. Along with the anti-bribery provisions, the act contains accounting provisions, requiring U.S. companies to keep and maintain accurate records that fairly depict foreign transactions.

A company that violates the FCPA faces criminal and civil penalties. It is important to understand how the FCPA applies to your foreign business transactions, so you can avoid violating the law.

Export Controls and Regulations

The U.S. Department of Commerce regulates U.S. exports under the Export Administration Regulations (EAR) to protect national security and trade. Exports include any item that is sent, whether by shipping, fax or email, such as:

• Clothing
• Home furnishings and personal goods
• Car parts and other machinery
• Software and technical data
• Electronics and computers
• Military equipment and vehicles
• Design plans and schematics

Some goods require a license from the Department of Commerce. I can help you determine whether you need a license and help you resolve any export control issues you may have. In addition to the U.S. Department of Commerce, other agencies regulate exports, such as the DOD (“ITAR”), EPA and FDA. It is important to have a knowledgeable international trade attorney advise you on your rights and options under the law.

Contact Mario L. Herman — International Export Controls Attorney

I have more than 33 years of experience helping individuals and businesses with franchise and business issues around the world. Contact me for information regarding international exports, international franchising law, buying a franchise, operating a franchise or franchise agreement review.