AUGUST 16, 2012 — Arent Fox partner Michael L. Burton and associate Jeffrey R. Lord of the firm’s International Trade practice have been published in the latest edition of World ECR, the journal of export controls and compliance.

The article, titled “(In)voluntary Disclosures Under U.S. Trade Controls,” examines a number of regulatory requirements and external events that can render the decision to make a voluntary disclosure involuntary.

Michael and Jeffrey introduce the article, writing:

Many have considered the pros and cons of making voluntary self-disclosures to the US government of suspected violations of export controls and economic sanctions laws. Suffice it to say the benefits are significant, but the costs must be carefully assessed in each case. Sometimes, however, the choice to make a voluntary disclosure is, shall we say, something less than voluntary.

This article is about those situations where regulatory requirements, agency policy, or external events act as catalysts for disclosures, strongly influencing if not dictating the choice. We acknowledge at the outset that the triggering events discussed below are not exhaustive, and some will be all too familiar to seasoned practitioners. Our goal is to alert exporters and their counsel to the wide and expanding universe of these requirements, raise awareness of this issue to avoid traps for the unwary, and invite dialogue regarding other situations under US and foreign law where voluntary disclosure is, well, involuntary.

To read the article in its entirety, please click here.