Export Controls and Sanctions

Cassidy Levy Kent handles all export requirements for transfers of “dual-use” items as well as “defense articles and services” under applicable laws of the U.S., Canada, the European Union and its Member States.

In the United States, these regulations are administered by the U.S. Commerce Department’s Bureau of Industry and Security (BIS) and the U.S. State Department’s Directorate of Defense Trade Controls (DDTC), respectively. In Canada, these export regulations are administered by the Export Controls Operations Division and the Sanctions Policy and Operations Coordination Division (PER) within Global Affairs Canada, the Controlled Goods Directorate of the Department of Public Works and Government Services, and the Canada Border Services Agency. In the European Union, the export of dual-use items is governed by E.U. Regulations adopted by the Council of the European Union and the European Parliament and enforced by the Member States.

Our lawyers have extensive experience in providing sophisticated but practical advice and representation to clients in both high-technology and basic industries, in the defense contracting sector and elsewhere, and across the range of export/import controls laws and regulations. This work has included compliance counseling, licensing, jurisdictional assessments, and commodity classifications. We regularly assist clients in addressing export-control related due diligence issues in the context of acquisitions and other business transactions. We have also assisted a significant number of clients in filing non-compliance reports and in developing and implementing compliance programs in order to minimize enforcement exposure.

We also have experience successfully managing a wide range of enforcement proceedings — from voluntary self-disclosures to civil and criminal investigations.

Our lawyers also have extensive experience in providing sophisticated and practical advice on sanctions, license and exemption requests, and the consequences of non-compliance.

Related content

Chambers Gives CLK High Marks…Yet Again

Chambers today announced its exceptional ranking of CLK Canada in its Chambers Canada 2021 guide. These rankings follow the recent prominent rankings of CLK’s Washington office in the Chambers USA 2020 guide and on the heels of other rankings for the two CLK offices in the Chambers Global 2020 Guide.

Chambers’ ratings follow high praise received in other highly-regarded ranking publications including Who’s Who Legal — which recently referred to CLK as “the foremost trade and customs team in North America” — as well as BestLawyers, Expert Guides, Legal 500, and others. Of special note, the 2020 edition of the Legal 500 called CLK’s Ottawa office one of Canada’s top boutique firms for its trade law practice.

CHAMBERS CANADA

Chambers Canada 2021 again ranked CLK’s trade remedies practice in the prestigious Band 1 level.

Highlighting the Ottawa office’s depth and team approach, Chambers said “The CLK team works very well together,” and quoted a client that “They work synergistically, capitalizing on individual strengths within the group.” Other Chambers sources noted the firm’s “large team and deep bench” on both sides of the border, with one saying: “The firm is large enough to provide resources and access, but small enough that we feel like an important client.”

A number of CLK’s team were singled out by Chambers for particular praise.

  • Christopher Kent was identified as an eminent figure in the Canadian trade bar, particularly respected for his deep expertise of trade policy, including regulation and disputes: “‘He is top of the class in international trade in Canada,’ one client enthused.”
  • About Christopher Cochlin, clients commented “He draws on a wealth of past experience working as a trade lawyer with the Canadian government,” and praised his “in-depth understanding of policy and the machinery of government.”
  • Andrew Lanouette was called an “excellent young lawyer”, and an “extremely intelligent and thoughtful” advocate.
  • About Gerry Stobo’s trade practice clients said he is “very well regarded in the trade community with an immense amount of experience and analytical rigor.” Gerry’s procurement practice also received praise, noting that he “… is revered across the procurement law space for his handling of significant transactions and disputes.”
  • Lawrence Herman was noted as a well-established and respected trade expert in Canada with a career spanning over 40 years. As Chambers stated, Lawrence has an immense wealth of experience across numerous areas, including advocacy work before the Canadian International Trade Tribunal and under provisions established by free trade agreements, as well as a unique knowledge of the workings of the UN and the WTO.
  • Finally, Chambers had this to say about Marc McLaren-Caux: “[he]…is very articulate and clear in his presentation. I would have absolute faith in him to lead on anything.” A peer added: “He is one of the brightest lawyers I have ever met.”

CHAMBERS USA

Chambers USA 2020 promoted CLK’s Washington office to Band 2 in its guide for Trade Remedies and Trade Policy.

Chambers described the CLK team as providing “excellent service” to “an impressive roster of clients that includes trade associations, multinational corporations and provincial governments.” It also cited CLK’s “strong pedigree in trade remedies” and the firm’s “strong track record in antidumping and countervailing duty cases” representing US petitioners and foreign respondents.

Among other plaudits, Chambers reported client observations that “All the attorneys we deal with provide an excellent service.” In addition, “In trade remedy litigation, you have to appreciate the nuances of trade law. The firm really gets that, but also has a good handle on the practical side of things too,” it reported. The guide then went on to rank four DC partners:

  • In ranking Jack Levy, Chambers noted his experience “in handling both trade remedies litigation and trade policy issues” and reported that an interviewee described him as “strategic, well connected and extremely knowledgeable on antidumping and countervailing duty law.”
  • James Cannon earned praise for “his ability to ‘see the big picture, while also being able to really drive down deep into the details, and never lose sight of either.’”
  • Myles Getlan was ranked by Chambers along with commentary including an appreciation for his “diverse sector expertise which covers, among others, the agriculture, chemicals and energy industries.”
  • And Chambers lauded Yohai Baisburd as “very knowledgeable in this area” and “excellent at clearly explaining complex trade law issues to non-trade law lawyers,” according to clients.

The Firm

CLK is a top-rated international trade law boutique specializing in trade remedies, customs, market access, trade policy, trade negotiations, and government procurement. As one of the largest trade groups in North America, the firm is known for its expertise in antidumping, countervailing duty and safeguard litigation, including its deep bench and its thorough case development and prosecution. The firm is well-regarded by clients and decision-makers for its customs compliance practice, for its advise to stakeholders on export controls and sanctions matters, and for its work in trade disputes and appellate matters before the World Trade Organization and pursuant to the NAFTA (now USMCA).