North America: International Law

Over the last decade, the United States has dramatically expanded the scope and enforcement of export controls, driven by heightened geopolitical competition, rapid technological advancement, and national security concerns. For startups operating in high-growth, high-technology sectors, U.S. export controls and sanctions laws now present both material compliance risk and a potential source of strategic advantage if addressed early.

Brokering under the International Traffic in Arms Regulations (ITAR) is one of the most misunderstood and increasingly enforced areas of U.S. export control law. Many market participants assume the rules mainly apply to manufacturers and exporters. In reality, enforcement often focuses on intermediaries: consultants, introducers, deal facilitators, and even financial actors involved in defense-related transactions.

Over the past decade, especially after the expansion of Russia-related measures in 2022, secondary sanctions have moved from a niche concept to a central pillar of U.S. economic enforcement. Unlike traditional sanctions, which are largely tied to jurisdictional limits, secondary sanctions reach beyond U.S. borders. They can expose non-U.S. companies, financial institutions, intermediaries, and entire trade networks to significant legal, financial, and commercial risk.