Global Regulatory Enforcement Law Blog : Global Regulatory Enforcement Lawyers & Attorneys: Reed Smith Law Firm: Government Contracts & Compliance

This post was written Christopher B. Monahan.

The new Form I-129 has highlighted the restrictions on deemed exports of technology to foreign national employees. Originally effective December 23, 2010, the new form requires employers to certify that they will not "release" controlled technology or data to an H-1B, L-1 or O-1 worker without the appropriate "export license," if one is required. Technology or data can be controlled for export purposes under either the Export Administration Regulations (“EAR”) or the International Traffic in Arms Regulations (“ITAR”). Both the EAR and the ITAR already prohibit the unauthorized disclosure of controlled technical data to foreign persons. U.S. Citizenship and Immigration Services’ (“USCIS”) new form will now require employers to certify that they are acting in compliance with the current law.

The ITAR and EAR are complex and classification can be burdensome depending on the technology involved, the available resources to devote to the project, and the IT issues in identifying and segregating the data. Restrictions on disclosure of controlled data to foreign persons apply even if the technology is not shared outside of the United States and even if the employer does not do any international business.

Due to the concerns and questions raised about the new Form I-129, USCIS has postponed the new form’s requirement that employers certify that they will not release controlled technical data. Employers will not have to complete the portion of the form requiring the certification until February 20, 2011. 

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• *Attention* government contracts attorneys: If your friends and loved ones stare blankly at you when you explain what it is you do, it turns out they are not the only ones who are confused. Check out this amusing breakdown of confused experts.
• New Year, new Congress, new rumblings about government fraud . An attorney involved in civil suits against the company formerly known as Blackwater is calling for the federal government to pursue cases involving allegedly corrupt defense contractors.
• Can't find time in your busy schedule to visit your grandparents? No problem, they may be coming to a work place near you.
• The Round-Up would like to wish a belated happy 33rd to the FCPA. One of our favorite FCPA commentators, the FCPA Professor has penned a worth-reading birthday announcement.
• Washington Technology peers through its crystal ball and forecasts how companies in the federal markets can continue to grow in 2011.
• If you saw the New York Times articles about OFAC, you may be wondering how Treasury decided to respond. By blog, of course.
• If you have not been paying attention to Sudan, now is the time to start. As the referendum concerning the unification of the country gets underway, the Guardian lets you catch up in a hurry.

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This post was written by Anne Borkovic.

After months of intense global negotiations, and facing increased sanctions from the United States, the EU, and the United Nations, what is life like in Iran?  As expected, Iranians are experiencing increased gas prices, and the Iranian Revolutionary Guard is having some financing difficulties.  Some of the more interesting effects, though, are the ban on mullets and fatwa against puppies. 

In July, Iran’s Ministry of Culture and Islamic Guidance announced a ban on certain “decadent Western” hair styles for men, including the mullet. The full catalog of acceptable styles was presented at the Modesty and Veil Festival. Some interesting concessions were made – including allowing a modest amount of hair gel and a goatee – but mullets, pony tails, and elaborate spikes are out.

This past week, the Ministry announced a ban on advertising that promotes pets, pet care, and pet food in response to a June fatwa against pets from Ayatollah Shirazi, because pet owners were “blindly imitating the West.”  He explained that “Many people in the West love their dogs more than their wives and children,” and that the devotion to pets would result in “evil outcomes.”

While it is unclear whether the ban on mullets and puppy food advertising will change Iran’s stance regarding nuclear power, we are interested to see what the Ministry will do in response to the June announcement from prayer leader Hojjat ol-eslam Kazem Sediqi that "Many women who do not dress modestly lead young men astray and spread adultery in society which increases earthquakes.”

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This post was written by Leigh Hansson and Michael Grant.

On July 1, 2010, President Barack Obama, preceded by Congressional voting signaling overwhelming support, signed into law the Comprehensive Iran Sanctions Accountability and Divestment Act ("Act"). The Act is an effort by the United States to hinder what appears to be Iran's intent to develop nuclear weapons. Action by the United States comes at a time when several countries are modifying their sanction policies in response to Iran's actions. In recent weeks, the United Nations, the European Union, and the United Kingdom, among others, have all enacted resolutions or sanctions directed at Iran. While many elements of the Act must be implemented by regulations, and are therefore unknown at this time, this article summarizes the major changes that are now known.

To view the entire alert, please click here.

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This post was written by Leigh Hansson, Michael Lowell, Michael Grant, and Anne Borkovic.

The United States Congress is currently considering legislation that would increase the scope and application of the U.S. sanctions against Iran: The Comprehensive Iran Sanctions, Accountability and Divestment Act of 2009 (S. 2799) and the Iran Refined Petroleum Sanctions Act of 2009 (H.R. 2194). These changes could significantly impact the ability of non-U.S. companies to do business with both Iran and the United States. This article summarizes the proposals under consideration and highlights key provisions that could affect the international operations of European companies.

To view the entire alert, please click here.

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