Once an acquisition is complete, the buyer needs to be aware of a few potential import-and export-control compliance details that can significantly impact the business’ operations if they are mishandled.
 
First, as discussed in Section 2 (Direct Sales), the business needs (among other things) a customs bond if it is importing. If a new entity was created which bought assets in the acquisition, then that new entity will need a customs bond in its name. If the acquisition is one of shares, a new customs bond may not be needed. If the acquired business remains and continues to operate under the same name, its pre-existing customs bond can simply be maintained. However, it is common in a share-purchase acquisition for there to be an official name change of the acquired company, and in such a case the business must officially change its importer-of-record name with the Bureau of Customs and Border Protection and have the name change reflected in its customs bond by either executing a bond rider or obtaining an entirely new bond in the new company name.
 
Second, if the business exports goods under licenses from the US Departments of State, Commerce, and/or Treasury, these licenses may need to be assigned or transferred in accordance with applicable regulations or altogether new licenses may need to be obtained in the name of the new entity.
 
Finally, both the US Departments of State and Commerce follow a rule that an export is deemed to have occurred when certain foreign nationals, when present in the United States, are exposed to information related to an item the export of which is controlled. These are so-called “deemed exports.” If a license would be needed to export that information to the home country of the foreign national, then a license is needed for the deemed export to legally occur. This can become an issue for a foreign buyer, because it is likely that the buyer will dispatch certain of its employeesto the acquired business in the United States to assist with post-acquisition integration. If the operations of the business concern items which require licenses when exported, it may be necessary to acquire licenses for deemed exports of information related to these controlled items to the foreign-national employees of the buyer.