Working Internationally

Innovation doesn’t stop at borders, and neither do U.S. export, trade, and national security laws. Whether you are a federal government contractor expanding overseas or a non-U.S. company entering the federal government market, global growth requires strategic legal alignment.

At Cassidy Law, we work with globally focused companies and their investors on how to scale across borders while navigating the complex intersection of U.S. acquisition, export control, trade, and national security laws. We tailor our guidance based on your unique risk profile, growth plans, and operational needs, so compliance becomes a competitive edge and not a constraint.

Export and Trade Compliance

U.S. export laws apply wherever your innovation goes and whatever it is—whether hardware, software, technology, services, or ideas.  If your innovation or any product or software has military, intelligence, or dual-use capabilities, it may be subject to U.S. Export Administration Regulations (EAR) or U.S. International Traffic in Arms Regulations (ITAR)—even if you only sell domestically.

At Cassidy Law, we help you:

• Understand the export and trade regulations that apply to your business;
• Assess the export classification of your products, software, technology, and services;
• Design export and sanctions compliance programs that scale with growth based on your business’ risks;
• Register under ITAR, file license applications, and manage disclosures;
• Prepare EAR and ITAR license applications and voluntary disclosures;
• Navigate global transactions involving controlled technologies;
• Identify and mitigate export risks early in the business cycle;
• Develop controls to mitigate the risk of your product or software ending up with a prohibited party.

Foreign Investment, Ownership, Business Partners or Operations

Being a non-U.S. business or having foreign investors, business partners, or operations does not exclude you from doing business with the federal government, but it does require transparency and legal planning.  We work with you to understand the legal implications and requirements for having foreign involvement in your business. We provide:

• National Industrial Security Program Operating Manual (NISPOM) Foreign Ownership, Control, or Influence (FOCI) assessments and mitigation strategies;
• Section 847 of the FY2020 National Defense Authorization Act requirements for reviewing and disclosing foreign ownership, control, or influence;
• Committee on Foreign Investment in the U.S. (CFIUS) review and filing, if needed;
• Guidance on business structures to align with acquisition, export, and national security requirements;
• Security clearance planning for foreign-owned entities;
• Strategic advice on cross-border structuring and disclosure to DoD, DCSA, or CFIUS.

In federal government contracting, trust is non-negotiable. It starts with gaining the confidence of the government by proving that you have the legal controls and understanding to comply with export, trade, and national security laws. Even well-intentioned companies can face major setbacks from missteps in export, sanctions, or foreign ownership compliance.

Whether you’re a U.S. company expanding abroad or a non-U.S. organization entering the U.S. government space, we work with you to navigate the legal landscape of U.S. export, trade, and national security laws to support your global growth with compliance that is practical and responsive to your operations. This way you can focus on what you do best: innovating, scaling, and delivering.

• Advised U.S. subsidiary of Israeli company on its CFIUS, export, and Defense Counterintelligence Security Agency obligations relative to its acquisition of a cleared defense contractor, to include disclosing the transaction to CFIUS.
• Advised U.S.-based company developing quantum software on whether its technology is subject to U.S. export controls.
• Advised global hardware company on whether its China manufacturing process and Chinese made products are subject to the Export Administration Regulations (EAR) Foreign Direct Product Rules.
• Prepared briefing paper for non-U.S. government on U.S. quantum export regulations for that country’s consideration in developing its quantum export regulations.
• Advised U.S. defense contractor on how U.S. artificial intelligence and encryption software export and ITAR regulations apply to its products and to its work related to AUKUS, the trilateral security and defense partnership among Australia, the United Kingdom, and the United States.
• Advised SBIR awardee on whether its satellite-related technologies are export or ITAR controlled and worked with client to assert its rights to its technologies as part of its proposal.
• Developed an export control compliance program for SBIR awardee defense contractor as it scaled globally.
• Advised French company with a U.S. subsidiary on its CFIUS obligations when the U.S. subsidiary received investment from non-U.S. investors.
• Developed export and sanctions compliance program for global hardware and technology company.
• Advised global hardware and technology company on due diligence identifying its distributor in Korea’s relationships with certain Iranian entities.