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Many companies investigate allegations of export violations and routinely submit voluntary or directed disclosures to U.S. Government agencies, including the Department of State. Most, if not all, of these investigations require interviews, document collection and analyses that extend not only to activities conducted within the United States, but primarily to actions taken by foreign subsidiaries, affiliates, parties or employees. While investigators in the export field may understand the export laws and how to analyze certain export issues, not all are attuned to the sensitive issues that affect how internal export investigations need to be handled to comply with a myriad of U.S. and, in particular, foreign laws.

We will review those issues that could impede internal investigations or otherwise result in such investigations being conducted in contravention of foreign laws or regulations, including:

1. How does one collect personal information related to foreign employees’ export activities?
2. How does one discuss export violations with foreign employees without violating U.S. export laws?
3. How many export licenses are needed to conduct internal investigations?
4. When should investigators obtain export licenses from foreign governments to transfer U.S.-foreign origin combined data back to the U.S.?
5. Can an investigator collect export related information involving foreign person violations and forward that data to the U.S. Government without additional authorizations?