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ITAR / FAR / DFAR
Glusman & Co has extensive experience in advising Israeli clients on major issues relating to the sale of products within and outside of Israel and to both individuals and governments, as well as on complying with requirements of the Defense Export Controls Directorate of the Israeli Ministry of Defense (DECD) and the Israeli Defense Export Control Law. GSCB has considerable expertise in providing advice on acquisitions with the U.S. Government and American companies that require compliance with the provisions of the Federal Acquisition Regulations (FAR), Defense Federal Acquisition Regulations Supplement (DFARS) and The International Traffic in Arms Regulations (ITAR).

Adv. Ofer Glusman, the head of Glusman & Co defense practice, has garnered many years experience in the Israeli defense and export industry. Glusman & Co team includes another partner, Adv. Gil Remeny, who is also qualified to practice law in the U.K., and two more advocates who are qualified U.S Attorneys. Glusman & Co has provided guidance and represented parties on large-scale, international defense acquisitions.
 
Advising issues include, inter alia:

• DECD – Advising and providing legal opinions regarding the compliance of certain products with the provisions of the Israeli Defense Export Law, in addition to obtaining and managing the corresponding marketing and export licenses.

• ITAR – These regulations control the export from the U.S. of certain military products, parts, components, materials and technology. Israeli companies engaged in defense work that receive ITAR controlled items have obligations to ensure that they do not use or transfer them other than in accordance with U.S. Government approval. Non-U.S. developed technology and products become subject to the ITAR if their development is influenced by ITAR controlled technology or if any ITAR controlled parts are incorporated into the technology. ITAR advice provided by the firm includes assisting Israeli companies to determine if the ITAR applies to any of its activities, assisting companies in establishing and implementing ITAR compliance procedures and training personnel in ITAR compliance; assisting companies to identify which items are ITAR controlled; how to deal with ITAR controlled items (e.g. marking, requirements, protection from unauthorized disclosures, etc.); assisting Israeli companies in the negotiation of special agreements used for obtaining U.S. Government export approval (e.g. Technical Assistance Agreements, Manufacturing License Agreements, ITAR NDAs, etc.) with U.S. exporters; advising on complicated issues regarding ITAR requirements in respect of employees who have citizenship additional to their Israeli citizenship or who were born outside Israel and ensuring that compliance with the requirements will not breach Israeli labor, anti-discrimination and privacy laws; advising Israeli companies during development of products to ensure that those products remain outside the control of the ITAR.

• Work on U.S. Government Programs
Glusman & Co advises clients on a day-to-day basis on the process of tendering offers for U.S. Government tenders, whether directly as a prime contractor or as a subcontractor, and assists them in leveraging their capabilities in a foreign and competitive environment. In addition to general commercial issues, the team advises on the impact on terms of business with suppliers, partners, manufacturers, customers and the U.S. Government of the Federal Acquisition Regulations (FARs), which govern the conduct and terms of business of the U.S. Government in general and the Defense Federal Acquisition Regulations Supplement (DFARS), which relates specifically to defense programs of the U.S. Government. Amongst others, the FARs and DFARS impose requirements on U.S. Government prime contractors and lower tier subcontractors regarding the sourcing of services, parts and materials, profit margins, application of certain accounting principals, reporting requirements, terms of payment and provision of various representations and warranties. The FARS and DFARS also contain rules regarding ownership of IP transferred to the U.S. Government or developed under U.S. Government R&D programs, the knowledge of which are vitally important to any Israeli company seeking to participate on U.S. Government programs, so that it may properly protect the integrity of its IP portfolio.

• OECD Anti-Bribery regulations – 
Glusman & Co advises on the strict requirements of the Ministry of Defense and the Anti-Bribery regulations of the Organization for Economic Co-operation and Development (OECD). Glusman & Co advises on the construction, implementation and enforcement of Compliance Programs, in accordance with the Ministry of Defense's requirements and international standards.
 
For any company wishing to engage in US Government Acquisitions, particularly in the defense sector, Glusman & Co team is experienced in providing practical and creative solutions to ensure that our clients are able to continue conducting business with the US defense sector while not falling foul of local Israeli law.