Sentinel: Global News of Relevance To Entities & Individuals Engaging In Export, Customs & Trade - Spring 2010, Vol. VII, No. 2

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IN THIS ISSUE:

- Reading, Writing, and Export Control: Lessons Learned from Professor Roth — Page 2

- Conducting Discovery in the United States for Cases Pending Abroad — Page 4

- The Evolution of the FCPA’s ‘Knowledge’ Requirement — Page 6

- Twitter, Facebook and Instant Messaging – The Export of Personal Communication Capabilities to Iran, Cuba and Sudan — Page 7

- Daimler Statement Over Corrupt Practices Approved — Page 9

- Enforcement Highlights — Page 10

Excerpt from: Reading, Writing, and Export Control: Lessons Learned from Professor Roth

Most commercial businesses are cognizant of the need to comply with U.S. export control laws concerning the export of defense articles and services. Many of these companies are also aware that the term “export” includes not only the shipment of products abroad, but also technical data that is “deemed” an export by its mere disclosure or transfer to a foreign national, even within U.S. borders. Despite their awareness, commercial businesses may find it difficult to grapple with the compliance issues related to disclosure of technical data to their own foreign national employees. The difficulties commercial businesses have with these internal technical transfers makes it increasingly likely that these same businesses may unintentionally ignore the fact that these compliance issues flow down to all entities they are affiliated with, including universities and other institutions of higher learning. Companies need to recognize that as the number of their interactions with foreign nationals increase, so does the potential for conduct that is subject to export control laws.....

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