Export control

Export control is aimed at preventing goods or services from being placed on the market that could be used not only for civilian purposes but also for purposes of an aggressive nature, these being so-called dual-use goods, better known in practice by the term "Dual Use."

The de Capoa Law Firm has consolidated experience and expertise in assisting its Clients in the area of export control. The professionals of Studio Legale de Capoa specialized in the field of Export Control Compliance can support exporting companies in the fulfilments aimed at verifying and ensuring the compliance of non-EU transactions of goods, services, technology and intangible assets with Dual Use regulations and other international and European export restrictions.

The Firm also assists its clients in the management, verification and removal of restrictions imposed on individuals or entities by the “Black Lists” of the ’European Union, the United States of America and the UN.

P.I.C. (Internal Corporate Compliance Program)

The purpose of establishing an Internal Corporate Compliance Program (the so-called P.I.C.) is to enable a company’s management and staff, including consultants and auxiliaries, to identify, manage and mitigate the risks associated with export control and to facilitate compliance with international, EU and Italian sanctions, embargoes, countermeasures and dual-use goods regulations. The scope of the P.I.C. covers all types of transactions that the company intends to undertake with its customers, where these presuppose “exports” and that is; transfers of goods, technology and technical assistance outside the territory of the European Union, in whatever capacity they are carried out.

The P.I.C. can therefore be defined as an organic complex of principles, rules, provisions, organizational schemes and responsibilities; functional for the realization of a control system of export activities.

The recipients of the prescriptions contained in the P.I.C. are identifiable in all persons who perform activities for the company, such as members of corporate bodies, management, employees, as well as all those who operate in Italy and abroad for the achievement of the objectives of the company, such as consultants, auxiliaries, collaborators and technicians.

The professionals of Studio Legale de Capoa can support companies in preparing an Internal Compliance Program to help identify, understand and manage the critical issues arising from exports to the countries with which they normally operate, and in setting up the internal corporate office or the figure assigned to follow up on export control.

SPECIFIC AREAS OF COMPETENCE

In the area of Export Control issues, Studio Legale de Capoa provides legal advice and assistance on:

• Dual use;
• Export Control Compliance;
• UAMA Authorizations;
• OFAC Regulation;
• EU and OFAC black lists;
• SDN list;
• EAR 99;
• Reg. (EC) No. 428/09;
• EU Reg. 267/2012;
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• Due Diligence in Export Control;
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• Predisposition P.I.C;
• Predisposition of corporate resolutions for the adoption of P.I.C. and internal circulars;
• Verification of embargoes;