Companies engaged in the export of industrial, oil & gas, and materials commodities and services are subject to the Export Administration Regulation (EAR), Office of Foreign Assets Control Regulations (FACR), and Customs and Border Patrol (CBP) regulations. While most industrial and O&G commodities and systems are not specifically controlled for export, many of the component parts including sensors, electronics, and pipes, valves & fittings, are controlled. Additionally, ever-changing OFAC sanctions programs are challenging companies in determining where and with whom they may legally engage in export activities.
Our industrial and oil & gas practice has deep regulatory experience and know-how to assist companies in determining commodity classification, proscribed & blocked parties and embargoed destination screening, license determination and preparation, and in building and maintaining effective trade compliance programs to manage the import and export of industrial, oil & gas, and materials commodities and services.
How do export controls impact the oil and gas industry?
Your business could be impacted by export controls in one of four ways:
- Product controls – your products, services, technology (for example, technical data, formulas, chemical analysis specification sheets) and software may require a license to be exported.
- End-use controls– the final end-use of items can trigger a license requirement. For example, could one of your products be used to develop a potential WMD or military application?
- End-user controls – exports to specific entities or persons can be prohibited or may require a license, and companies must screen entities in the supply chain against applicable denied party lists. For example, do you conduct business with government or military owned companies?
- Destination controls – embargoes and sanctions against specific countries, entities or individuals can restrict exports of products, technology or activities. For example, are you supplying any of your products to Iran?
- Developing or enhancing of leading practice compliance programs.
- Automation/systems support and guidance on organizational structure.
- License management programs.
- Due diligence services.
- Risk reviews and audits.
- Supply chain optimization.