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Optics, Photonics & Imaging (OPI)

The Optics, Photonics & Imaging (OPI) sector is experiencing dynamic and vibrant growth in the US and globally. Yormick Law focuses on the international business and trade and national security aspects of the OPI sector. Yormick Law attorneys regularly advise US and non-US companies in navigating and analyzing jurisdiction and classification of products and technologies under increasingly strict US export control laws and regulations, on licensing, authorization, and reporting requirements, and representing companies in government investigations and voluntary disclosures of violations of the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). We also advise OPI companies on importation and supply chain strategies and compliance with US Customs laws and regulations.
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For many OPI and related technology companies, the complexity of complying with export controls and employment discrimination laws is challenging.  We often advise clients on the intersection of export controls and employment laws in the recruitment and employment of foreign persons and work with immigration counsel to address the range of immigrant and non-immigrant visa strategies for companies.

The OPI sector is particularly vibrant in New York State, specifically the Rochester region.  Yormick Law’s founder, Jon Yormick, has been actively engaged with the OPI community in his home state for nearly 15 years.  He is a member of SPIE, has attended Photonics West and Optifab, and has been involved with Rochester-area organizations serving the OPI sector, regularly attending meetings of New York Photonics/Rochester Regional Photonics Cluster, Optica Rochester, Greater Rochester Enterprise, High Tech Rochester, and the Monroe County Finger Lakes APEX Accelerator, including giving presentations on issues related to unmanned aerial systems (UAS) and export controls.

Representative Matters

Optics, Photonics & Imaging (OPI)
Successfully obtained BIS export and reexport licenses for a US subsidiary of a German commercial laser manufacturer for sales to China, the Kingdom of Saudi Arabia, and a technology license to share EAR-controlled technology with a Taiwanese supplier. Also advised the client on export controls compliance regarding the “deemed export” rule under the EAR relating to employment of the foreign person engineers from Germany and India, including conducting export compliance training.
Advised a Pennsylvania designer and manufacturer of optical filters, laminations, and thin film coatings for precision optics regarding an ITAR and EAR jurisdiction and classification analysis of certain short wave pass (SWP) filters for commercial and defense aviation use.
Advised a Rochester-based optics manufacturer on EAR classification of optics “specially designed” for potential defense applications and related export controls under the EAR.
Advised a Cleveland-based defense subcontractor on jurisdiction and classification of an electro-optical cable assembly and related Multifunction Towed Array (MFTA) items manufactured for US Navy Anti-Submarine Warfare program, the commercial applications of similar products for underwater seismic surveys for oil/gas exploration, and US export controls risks and compliance regarding use by Chinese commercial vessels operating in the South China Sea.
Successfully represented a Rochester-based optics company before BIS, Office of Export Enforcement (OEE), in the investigation of potential export and reexport violations of EAR- and ITAR-controlled optic devices, resulting in a finding of no violations. Advised the company on product jurisdiction and classification determinations, license requirements, and enhancing its export compliance program.
Provided analyses for an Arizona-based subsidiary of an Ohio-based company on potential export controls covering a fiber optic sensing perimeter security system, including advising on entering into a non-disclosure agreement for testing at a leading US research university.
Advised a Rochester optics company on ITAR compliance relating to the employment of a Canadian optics designer.
Advised New York-based supplier of surface preparation materials to the OPI sector on compliance with DFARS regulations relating to Controlled Unclassified Information (CUI) and Commercially available off-the-shelf items.
Represented a Buffalo-based global leader in the development, manufacture and distribution of imaging and marking consumables on customs and international trade matters, including representation before CBP on requests for information, NAFTA verification, prior disclosures and NAFTA duty refunds, and before the Canada Border Services Agency (CBSA) in classification verification proceedings.

If your company operates in the Optics, Photonics & Imaging sector and needs assistance with export controls, licensing, compliance, or government investigations, please contact us at [email protected]

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