Klimek, Kolodney & Casale
Commercial Enterprises, Research Institutions and Academia thrive on diversity and an exchange of innovation. Export Compliance and Innovation are not mutually exclusive, although it often seems that they are. Klimek, Kolodney & Casale addresses issues ranging from export control of technical research and know-how in the academic environment to Corporate IR&D, Production and International Business, movement of hardware and technology, for commercial, dual use and military.
Although our diverse communities have taken export compliance much more seriously in recent years, there are certain practices that need a different perspective. For example it remains a common misconception that research generated in the academic environment or corporate research using Publicly Available or Public Domain technology and technical data is completely exempt from U.S. export control laws. For academics often the misconception encompasses the export of hardware as NLR because the purpose of the hardware is for a research project. This leads many Commercial and Public Institutions to conclude that if there is no direct sale, or the data generated is given freely to the public, or under the umbrella of a university it is carte blanche to export to any country or student of any nationality. Like most rules of law, that is far from the truth, but it remains SOP for many academic institutions, professors and companies. The Corporate Memory of “This is the way we have always done it” is an unhealthy legacy, but change takes effort, and unfortunately effort is often only exerted when tragedy strikes.
With the increasing instability in the international arena, scrutiny of all levels of technology and hardware from Academia to Private Business is also increasing. There are unique challenges to face as Export Control Reform enters the maturing phase.
There are no templates. Whatever the milieu your organization will benefit from export compliance that can be successfully integrated into your culture. For that you need experienced counsel that can translate the relevant laws and regulations into tools to craft your vision for growth and success rather than going it alone and finding you have crafted only obstacles and impediments to your growth and success.
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