New Export Control Transparency Act: Reporting Requirements, Confidentiality Concerns, Potential Business Impact

Mr. Borman is one of the foremost authorities on U.S. export control law and regulations. He developed this reputation during his more-than 30-year career shaping and applying those regulations at the Department of Commerce’s Bureau of Industry and Security. At Akin, Mr. Borman assists global clients in navigating the rapidly evolving U.S. export control regime. During his tenure as BIS’ Principal Deputy Assistant Secretary for Strategic Trade and Technology Security, Mr. Borman was instrumental in developing and implementing export control policies intended to protect sensitive technologies and prevent their proliferation to unauthorized entities. His leadership in this role was pivotal in ensuring the strategic trade and technology security of the United States, contributing to national security and economic interests. Prior to being named the Bureau’s first Principal Deputy Assistant Secretary, Mr. Borman served as the Deputy Assistant Secretary for Export Administration at BIS. During this period, he was deeply involved in the development and implementation of export control, nonproliferation, and defense industrial base policies, studies, and decisions. Of particular significance, Mr. Borman worked quickly to assemble a coalition of 38 countries to implement coordinated controls against Russia after its invasion of Ukraine and served as the co-chair of export control working groups with the European Commission, Japan and the Republic of Korea. In addition to leading dozens of significant enforcement actions, he also led responses to legislative, GAO and IG inquiries.

Mr. Gurtunca helps clients navigate increasingly complex U.S. export controls and economic sanctions to achieve their business objectives. He handles all aspects of U.S. trade control regulatory processes, regularly partnering with clients on matters involving the Export Administration Regulations administered by the U.S. Department of Commerce, Bureau of Industry and Security (BIS); International Traffic in Arms Regulations (ITAR) administered by the U.S. Department of State, Directorate of Defense Trade Controls (DDTC); economic sanctions administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC); and U.S. antiboycott laws. Mr. Gurtunca closely monitors legislative and regulatory developments involving U.S. export controls and sanctions, using this insight to inform strategic legal counsel for clients navigating evolving U.S. national security, foreign policy and emerging technology objectives.

Ms. Philipp advises clients on a range of international trade matters, regulatory compliance, transactional matters, and litigation and investigations involving economic sanctions, export controls, Securing the Information and Communications Technology and Services (ICTS)/supply chain issues, and tariffs. Her industry experience includes transportation and logistics, semiconductors, technology, emerging technologies, manufacturing, telecommunications, automotive, defense, trade associations, retail, private clients, automotive and pharmaceuticals. Ms. Philipp advises companies on OFAC sanctions compliance, EAR/ITAR disclosures and responses to administrative and grand jury subpoenas from Department of Commerce Bureau of Industry and Security (BIS), Office of Foreign Assets Control (OFAC) and the Department of Justice. Liz also advises clients on tariffs and customs classifications, trade due diligence and international M&A transactions, Committee on Foreign Investment in the United States (CFIUS) reviews, compliance program audits and regulatory disclosures.