International Trade & National Security Legal Services
Montague Law advises technology companies, defense contractors, manufacturers, and investors on the complex regulatory frameworks governing international trade, export controls, economic sanctions, and national security-related transactions. Our practice addresses the intersection of trade regulation and technology — helping clients commercialize their innovations globally while managing the compliance obligations that attach to controlled technologies, dual-use products, and transactions with foreign parties.
International trade regulation has become one of the most consequential legal risk areas for technology companies. Export control enforcement is intensifying, the scope of CFIUS national security review continues to expand, and economic sanctions programs are being deployed with increasing frequency and complexity. Successfully navigating this environment requires counsel that understands both the applicable regulatory frameworks and the commercial realities of global technology businesses. Montague Law brings that integrated perspective.
Export Controls & EAR/ITAR Compliance
U.S. companies that develop, manufacture, or distribute controlled technologies must comply with the Export Administration Regulations (EAR) administered by the Bureau of Industry and Security (BIS) and the International Traffic in Arms Regulations (ITAR) administered by the Directorate of Defense Trade Controls (DDTC). Montague Law advises on product classification, license applications, license exceptions, deemed export considerations for foreign national employees, and the design of internal compliance programs (ICPs) that satisfy regulatory expectations. We also represent clients in voluntary self-disclosures and enforcement proceedings arising from export control violations.
Economic Sanctions & OFAC Compliance
The Office of Foreign Assets Control (OFAC) administers U.S. economic sanctions programs that prohibit transactions with sanctioned countries, entities, and individuals. Montague Law advises on OFAC compliance program design, sanctions screening processes, specific license applications, and the evaluation of transactions involving parties or jurisdictions with sanctions exposure. We also counsel on the secondary sanctions provisions that may affect non-U.S. entities transacting with sanctioned parties and the evolving application of sanctions to the cryptocurrency and digital asset space.
CFIUS & Foreign Investment Review
The Committee on Foreign Investment in the United States (CFIUS) reviews transactions that could result in foreign control of, or certain foreign involvement in, U.S. businesses for national security implications. Montague Law advises both U.S. companies and foreign investors on CFIUS filing obligations, voluntary and mandatory filing requirements under FIRRMA, the design of mitigation agreements, and strategies for structuring investments to manage CFIUS risk. We also advise on the expanding scope of CFIUS review as applied to technology companies, data-intensive businesses, and companies with proximity to critical infrastructure or sensitive personal data.
Customs & Import Compliance
Importing goods into the United States requires compliance with customs regulations, tariff classification, country of origin determination, and trade preference program requirements. We advise on HTS classification, customs valuation, first sale valuation, foreign trade zone utilization, Section 301 and Section 232 tariff mitigation strategies, and customs audit and penalty proceedings. We help importers design compliance programs that minimize duty exposure while managing enforcement risk.
Trade Compliance Program Design
Effective trade compliance requires an integrated program that addresses export controls, sanctions, customs, and antiboycott regulations across the organization. Montague Law designs trade compliance programs tailored to the company’s products, customers, markets, and risk profile. Our programs include written policies and procedures, screening protocols, license management processes, training programs, record-keeping systems, and internal audit mechanisms. We also advise on the integration of trade compliance into M&A due diligence and post-acquisition integration.
Supply Chain Security & Restricted Party Screening
Technology companies face growing obligations to screen their supply chains and customer relationships against restricted party lists maintained by BIS, OFAC, and other agencies. We advise on screening program design, due diligence protocols for distributors and end-users, and the legal implications of the expanding Entity List, Military End-User restrictions, and the evolving requirements of the CHIPS Act and related legislation affecting semiconductor and advanced technology supply chains.
Illustrative Engagement: Export Control Compliance for AI Company
An artificial intelligence company developing dual-use machine learning technology engaged Montague Law to design and implement an export control compliance program. Our team conducted an EAR classification analysis of the company’s software and algorithms, designed an internal compliance program addressing deemed export controls for the company’s multinational engineering team, implemented a restricted party screening process for the company’s growing international customer base, advised on license exception availability for academic and research collaborations, and conducted training for the company’s engineering and sales teams on export control obligations that affect their daily activities.
This illustrative engagement is a hypothetical composite and does not represent any specific client matter. It is provided to demonstrate the types of trade compliance work Montague Law handles.
Frequently Asked Questions
Does my software need an export license?
It depends on the software’s functionality, the destination country, and the end user. Many software products are classified under EAR99 and can be exported to most destinations without a license. However, software that incorporates encryption, artificial intelligence, or other controlled technologies may require classification as an ECCN-controlled item and may need a license for certain destinations. We conduct classification analyses and advise on applicable license requirements and exceptions.
What is a deemed export?
A deemed export occurs when controlled technology or source code is released to a foreign national within the United States. This can trigger export control requirements even though nothing physically leaves the country. Companies that employ foreign nationals in engineering, R&D, or manufacturing roles must evaluate whether deemed export licenses are required and implement technology access controls accordingly.
When is a CFIUS filing mandatory?
Mandatory CFIUS filings are required for certain transactions involving foreign government investors and U.S. businesses in critical technologies, critical infrastructure, or sensitive personal data (TID businesses). Voluntary filings are available — and often advisable — for a broader range of transactions that may raise national security considerations. We advise clients on filing obligations and the strategic considerations that inform voluntary filing decisions.