Overview

The issues involved in sanctions and export controls compliance are often complex and urgent, and pragmatic advice is frequently required at key stages in the process of business planning. Rules are constantly evolving, and it is fundamentally important companies and institutions are kept abreast of these changes. We monitor major and minor developments daily to ensure our knowledge and advice is always up to date. We take steps to ensure our clients are familiar with the key elements of relevant rules and policies so together we can recognize and plan for potential issues and act accordingly when matters arise.

From a commercial, financial and reputational perspective, the risks associated with breaching sanctions and export controls regulations are far too great to take chances. You need highly experienced and informed counsel on your side 24/7 to quickly handle any issues. Our approach is practical; our advice is accurate, timely, and constructed with both the commercial and internal needs of our clients in mind.

We assist clients with complex issues arising under various sanctions programs, both country-based and list-based. Because we are in frequent contact with sanctions and export control regulators, our team understands how agencies interpret and enforce regulations in specific circumstances. We regularly represent our clients before all major sanctions and export control agencies, with successes in hundreds of matters across the globe.

Our sector and jurisdictional experience is broad and our advice is always buoyed by an insider’s viewpoint, with numerous team members previously occupying high-level positions in government and in-house.

Our team knows how to best address each client’s unique difficulties with the inconsistencies and tensions that arise between the laws of different jurisdictions. We help clients around the world understand the requirements of the UN, US, EU, UK and other governing bodies, and how to comply with those requirements while obeying their own national laws and staying true to internal compliance programs.

We regularly solve exceptionally complex issues for clients surrounding all current international sanctions and export controls, including against Russia and related countries since the start of the Ukraine conflict.

Transactional Diligence and Cross-Border Investments

M&A: Sanctions and export control compliance due diligence in these and related regulatory areas as part of broader trade regulatory offering; pre-closing regulatory filing requirements (export controls, “critical technology” issues for CFIUS filings, and related considerations)
Finance and Capital Markets: Due diligence in connection with capital markets filings
Finance: Regularly advise both lenders, borrowers and investors on issues arising in financing context

Compliance and Risk Management

Risk assessments and compliance program development in accordance with enforcement agency guidelines and industry practice
Assisting with post-closing integration into acquirer’s compliance program and remediation of issues identified in acquisition due diligence
Regular counseling on day-to-day compliance issues across jurisdictions

Investigations and Enforcement Proceedings

Assistance with all aspects of enforcement matters involving export controls and sanctions before US, EU, UK, and other global regulators
Scoping and project management-based execution of look-back reviews to identify potential violations, assess related liabilities, and develop effective measures for mitigation/remedial action

Public Policy and Government Engagement

Cross-border tracking of legislative and executive actions at the intersection of national security, foreign policy and trade regulation
Engagements with government officials on sanctions and export control law and policy issues
Licensing, interpretive and policy guidance, jurisdiction and classification determination programs)

Experience

Advising on the application of UN, US, EU and UK sanctions regulations to a wide range of business conduct across an array of industries around the word.
Assisting companies in obtaining licenses to authorize otherwise prohibited transactions.
Developing and implementing internal compliance programs to reduce the risk of export control and sanctions violations by establishing compliance policies, internal training programs, compliance certification instruments, and internal auditor evaluations of export control and sanctions compliance measures.
Advising on particular export, re-export, and investment transactions to ensure compliance with applicable controls and sanctions.
Filing and facilitating export license, commodity classification and commodity jurisdiction applications, as well as license applications under sanctions programs.
Representing clients in regulatory proceedings and enforcement actions before such agencies as the US Department of Commerce, the US Department of State, the US Department of the Treasury, OFSI, ECJU, and the EU institutions as well as the EU Member State authorities (including the UK authorities, which is of particular relevance post-Brexit).
Advising on mergers and acquisitions of companies engaged in export business or international projects by helping clients perform effective due diligence on the compliance history and internal compliance processes of target companies, negotiating appropriate compliance provisions in acquisition agreements, and integrating the acquired business into our clients’ compliance programs.