Avoiding Perils of ITAR Compliance Checklist and Export Control Penalties

There are Two ITAR compliance problems facing most businesses in the import-export industry: Failure to anticipate the road ahead Problem: Though 79% of today’s government contractor executives say responding quickly to change is the only way to survive our current federal procurement challenges, only 1 in 3 are even able to identify… Read more »

SEC Penalizes Company For Foreign Corrupt Practices Act Violations

Companies that engage with government contracts overseas should be well aware of the harsh penalties associated with the Foreign Corrupt Practices Act violations (FCPA).  Getting your internal staffed trained and executives aware of the steep fines and disruption of the business reputation can save you from unnecessary litigation, civil and criminal… Read more »

Buy American Act Countries List, TAA & BAA Compliant Countries

When applying the rule for establishing Buy American Act countries and the TAA compliant countries of origin, contractors doing business with the federal government should understand the basics of Buy American Act compliance. Many companies make dangerous mistakes and find themselves facing costly penalties and fines(including losing lucrative federal contracts in a bid… Read more »

Equitable Subrogation and Miller Act Claims

When filing claims against the government, under the theory of equitable subrogation, there are some tricky rules of law in place. For example, in a recent Court of Federal Claims case, Fidelity and Guaranty Insurance Underwriters, et al. v. United States, No. 14-84 C (Nov. 19, 2014), the court ruled that under… Read more »

ITAR Compliance Penalties – Difference Between ITAR and EAR Requirements (EAR vs ITAR)

When it comes to understanding ITAR compliance requirements and compliance penalties, the Justice Department government has no doubt increased oversight for government contractors, commercial organizations, and individuals for potential EAR vs ITAR laws breaches and non-compliance with import-export regulations. Many companies relax their standards and many do not even have an ITAR Compliance Statement…. Read more »

ITAR Regulations, ITAR Prohibited Countries & 22 C.F.R § 120.15

Avoid Costly Penalties from Dealing With the Embargo Act and Wrong ITAR Countries under ITAR 22 CFR 120.15 Important to the International Traffic in Arms Regulations (ITAR Regulations), there are certain ITAR prohibited countries that corporations must be aware of that prohibit ITAR involvement. These ITAR countries are listed to keep… Read more »

Security Facility Clearance and Understanding the Regulations

Security facility clearance compliance decisions and internal practices are important aspects of being able to perform government contracts. When companies are facing judicial scrutiny or adverse legal actions, it is important to understand the laws and regulations that regulate facility clearances and individuals complying with those laws. As a government… Read more »

ITAR Defense Misrepresentation By Omission of Facts

Under ITAR and AECA laws, misrepresentation by omission of material facts can be an issue of contention.  Understanding the rules and regulations can put companies in a better position to be proactive and avoid serious civil and criminal penalties. Under the law, it is unlawful to use any export or temporary… Read more »