The I-129 visa petition form requires the sponsoring company official to certify, under penalty of perjury, that there is “no risk of an export control violation.” Understandably, no one wants to sign until they know the answer. The concern involves the risk of technology transfer, what is known in export compliance terminology as a “deemed export.”

CTP has assisted in hundreds of such cases. We review the job description, the technologies involved, and the data protections available—all to determine if the foreign individual may interact with technologies that are governed by export control requirements. We also screen the applicant against the various lists maintained by the U.S. government of known or suspected bad actors. At the end of our, we will ensure that your company’s official can confidently sign the I-129 form with its warranty that there is “no risk of an export control violation.”

Export control violations happen. Perhaps your product classification was improper, your licensing information was inaccurate, or you inadvertently made a deemed export. However it occurred, the U.S. government understands that mistakes are possible, perhaps even inevitable in this complex, fast-moving trade environment. How you respond, however, is another matter. This is a risk management situation and the government reviewers expect you to do the right thing, that is, disclose the violation and take remedial action to ensure it doesn’t happen again.

If a potential export violation is uncovered, CTP can act as your rapid response team to minimize fines, negative publicity, or loss of export privileges. Our experts will assist you in identifying the problem, determining the underlying issue(s), and preparing a voluntary disclosure that describes the nature of the violation and lays out a remediation plan to prevent future compliance infractions. We work with you to develop a responsive disclosure with all necessary supporting documents so that government enforcement staff can easily locate the important information. This kind of clear communication and cooperation is a critical demonstration that an organization has learned from a mistake and will work to prevent others in the future.