Export Controls, CFIUS & Sanctions Compliance

We help businesses with US export controls, CFIUS requirements and economic sanctions compliance so they’ll avoid severe penalties for violations. Our areas of focus include:

  • Export controls
  • Economic sanctions
  • Committee on Foreign Investment in the United States (CFIUS) requirements
  • National security laws and regulations
  • Anti-money laundering
  • International Traffic in Arms Regulations (ITAR) compliance
  • Foreign Corrupt Practices Act (FCPA) requirements and violations

Export Controls

We advise clients on export controls enforced by the US Commerce Department, State Department, Treasury Department and Defense Departments as well as the Nuclear Regulatory Commission – agencies that implement US export controls on equipment, software, commodities and technologies with potentially sensitive military and security applications.

We can assist you and your company by:

  • Advising at all stages of the export licensing process to minimize the risk of violating export controls of products and services to sensitive countries and regions
  • Designing and implementing effective export control compliance programs and training to ease the burden of compliance
  • Providing advice on technology export control plans, customer screening procedures, “deemed exports” and global supply chain issues
  • Carrying out internal investigations, voluntary disclosures and negotiation of settlements to minimize any potential fines and penalties from violating export controls

CFIUS Clearance

Over the last year, the US Government has tightened its restrictions on foreign companies seeking to invest in or acquire US companies in sensitive business sectors, including emerging technologies, biotech, energy, software and logistics.

With increasing scrutiny of business transactions to identify suspicious activities and the new mandatory notification requirement, it is wise to seek Committee on Foreign Investment in the US (CFIUS) clearance before being contacted by the government. This approach often puts a company in a more advantageous position to reach agreements with the government that mitigate potential national security risks and allow a transaction to move forward.

We advise companies on overcoming the regulatory obstacles to their US investments through direct engagement during CFIUS review and through implementing win-win strategies that entail:

  • Providing political risk assessments, regulatory counseling and strategic national security advice
  • Gaining congressional and state-level political support for client investments
  • Identifying and overcoming potential CFIUS roadblocks in the deal planning stage
  • Preparing all necessary CFIUS filings and carrying out all related advocacy during CFIUS review
  • Negotiating with CFIUS national security agreements, frameworks for mitigation, industrial security arrangements, co-investor participation and related agreements with both profit and philanthropic organizations

Economic Sanctions

If you do international business, you know the importance of anticipating and complying with economic sanctions applied by the US Government, other governments and international organizations. Even inadvertent violations of economic sanctions measures can lead to severe penalties, troublesome restrictions on business activities or major reputational damage.

On behalf of clients, we engage with the Office of Foreign Assets Control (OFAC) at the US Treasury Department which enforces economic sanctions laws and regulations. We undertake a number of measures to protect our clients, including:

  • Counseling on the scope and potential application of relevant economic sanctions to prevent violations
  • Designing and implementing internal policies and economic sanctions compliance programs through in-house training
  • Preparing applications and advocating for licenses that grant exceptions to economic sanctions measures
  • Seeking advisory opinions from OFAC
  • Engaging with key regulators on the policies governing economic sanctions enforcement
  • Negotiating OFAC enforcement penalties against companies accused of violating economic sanctions

Foreign Corrupt Practices Act

Companies that export internationally or import from overseas are exposed to an increasingly large risk from corruption, bribery and extortion. This can result in inadvertent and unknowing violations of Foreign Corrupt Practices Act (FCPA) requirements, a legal tool used by the US Government to combat international crime and terrorism. A finding of FCPA non-compliance can bring major fines and penalties as well as significant damage to corporate reputation.

We offer comprehensive services for advising clients on a full range of FCPA requirements through:

  • Designing and implementing effective FCPA compliance programs
  • Representing clients in carrying out internal investigations or responding to government FCPA investigations of potential violations
  • Conducting due diligence on newly-acquired companies, joint venture partners and international agents to identify possible FCPA non-compliance
  • Defending clients against formal accusations by US Government agencies of violating FCPA requirements

Contact Us to Discuss How We Can Help You

Contact us to discuss how we can help you with your export control, CFIUS, economic sanctions and FCPA challenges. We’re based in Washington, DC but serve clients throughout the country and internationally.

a Free Consultation