European Union-United States Data Transfers

• Advise on consequences of the Safe Harbor program’s invalidation and interim workarounds under Data Protection Directive 95-46/EC
• Complete Model Contractual Clauses with business counterparties to continue permissible transmissions of certain data
• Counsel on the proposed Privacy Shield replacement to Safe Harbor
• Counsel on General Data Protection Regulation requirements (set to replace Directive 95-46/EC) and configure business protocols to secure commercial advantage

Expert Witness Opinions and Testimony on New York Law

General Business Practices

• Draft compliance program guidelines for business clients
• Counsel on the implementation of ongoing compliance programs consistent with governmental requirements or industry standards
• Advise on best practices and compliance strategies to avoid disproportionate burdens on clients
• Employ the compliance function as a value-added element of commercial operations
• Draft contracts to protect a company’s rights in dispute resolution involving overseas parties
• Provide formal opinions on international contracts subject to New York state law for foreign and domestic law firms, arbitral and judicial authorities, and for business clients

Government Contracting

• Advise on qualifying and registering as a potential vendor to the government
• Assist in identifying relevant business opportunities and requests for bids
• Counsel on the applicability and requirements of Federal Acquisition Regulations and Defense Federal Acquisition Regulations to contractors and subcontractors
• Respond to audits by government authorities or prime contractors
• Counsel on ethical considerations of government contracting such as entertainment expenses, political contributions
• Conduct contract review and negotiation

Import/export Licensing and Controls

• Advise on handling defense-related articles, services or technical data under the International Trafficking In Arms Regulations (ITAR) as administered by the State Department’s Directorate of Defense Trade Controls
• Counsel on handling civilian products and technologies that may also have “dual use” military implications under the Export Administration Regulations (EAR) enforced by the Commerce Department’s Bureau of Industry and Security
• Determine if an export license is necessary for international transactions and, if so, assist with the license application
• Determine if an export license or documented operational practices are necessary to avoid inadvertent “deemed export” violations of federal law. (If an item otherwise requiring an export license is merely shown to a foreign national within the United States, that item is “deemed” by law to have been exported to that person’s country of citizenship, often giving rise to issues in the context of plant visits or domestic employment of individuals holding dual citizenship). U.S. immigration forms now require U.S. companies to make a determination as to whether a foreign national being sponsored by the company for entry to the U.S. requires an export controls license under EAR or ITAR
• Update contracts, purchase orders and other written communications for international sales with provisions (some required by law) allocating responsibility for compliance with applicable trade laws, and setting the details of international dispute resolution, if ever needed

International Intellectual Property

Legal Guide to U.S. Foreign Investments

Harris Beach PLLC offers a new legal guide, Foreign Investment in the United States. It is a comprehensive look at the steps foreign entities take and the legal issues to consider when owning and operating a business on U.S. soil. The guide is a resource for foreign corporations in all aspects of U.S. business investment- whether establishing a new enterprise or expanding an existing company with a U.S. location.

United States Economic Sanctions Programs

• Help navigate various prohibitions or restrictions on doing business in certain designated circumstances embodied in sanctions programs administered by the Treasury Department’s Office of Foreign Assets Control (OFAC)
• Advise on identifying and carefully exploiting new markets (such as Cuba and Iran) as U.S. sanctions policy changes and General Licenses are expanded
• Counsel on due diligence investigation of new overseas clients or markets to proactively maximize protection against inadvertent regulatory lapses and resulting government investigations
• Determine whether an OFAC special license is necessary or desirable to attain commercial advantage and, if so, assist with the licensing process