Clients of Kananack Law sell products, provide services and license software to governments, business entities and consumers in Europe, the Middle East, Far East, Africa and the Americas. As a result of the interest in and the development of such foreign transactions, an understanding of the laws and regulations that govern such transactions is critical to the company’s health and existence.
Enacted in 1977, the Foreign Corrupt Practices Act prohibits certain corrupt foreign payments. The legislation now has counterparts in Britain, Germany, Japan and other foreign nations. The inherent conflict with this Act and business practices overseas is that some foreign nations and business entities have long accepted corrupt payments as a way of doing business. Enforcement in the US is strict and penalties can be severe. Review of business relationships and transactional documentation is essential. We have structured agreements and negotiated with foreign governments and business entities in an effort to eliminate business risks that may be inherent in such trade.
Exports of certain products and technology are subject to compliance with the International Traffic in Arms Regulations, maintained by the US Department of State and the Export Administration Regulations enforced by the US Department of Commerce, Bureau of Industry and Security. On such matters, we provide guidance to our clients and we interface with the appropriate federal agency on an as needed basis.
The Office of Foreign Assets Control of the Treasury Department enforces sanctions abroad on individuals and business entities. We review the updates and provide guidance to our clients in these matters.
Kananack Law has registered trademarks in the United Kingdom and countries of Western Europe working with local UK and European trademark and intellectual property attorneys.
- Terms and conditions of sale, international distribution and representation agreements, non-disclosure agreements, termination of foreign representation
- Registration of trademarks under foreign law
- Formation and operation of corporations and LLCs
- Contracts, manufacturing and dispute resolution—Australia, Europe, Israel. Asia, North and South America, Africa
- US law and regulation--exports of products and technology, ITAR and EAR
- Sanctions maintained by Office of Foreign Assets Control
- Management of international distribution dispute and arbitration before foreign panel of arbitrators
We also represent companies formed under foreign law and regulation doing business in the United States. We provide counsel, prepare documentation and we form business entities in Florida and elsewhere in the US. We provide operational guidance in connection with day-to-day business and corporate matters and identify actual and potential business risks.