Practice

International Trade & National Security

Advising on a range of cross-border challenges to help navigate an increasingly complex world

Foley Hoag has extensive experience advising clients regarding U.S. sanctions, export controls, foreign investment controls, and other international trade matters.  We have helped clients develop strategies for minimizing compliance risk in connection with transactions involving a wide range of industries, including life sciences, healthcare, technology, financial services and oil & gas, and we advise clients on matters concerning the Committee on Foreign Investment in the U.S. (CFIUS).  We also regularly assist clients with obtaining licenses and guidance from the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), and the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC).  Our attorneys previously worked within the U.S. government on sanctions, export controls, and anti-corruption matters at the Justice Department (DOJ), the FBI, the Department of Homeland Security  (DHS) and the National Security Council (NSC). Our international trade team, working with our Paris office, can advise on important developments in EU sanctions regulations.

To secure our clients’ sanctions and export controls-oriented objectives in Washington, we rely on long-cultivated relationships with the most influential foreign affairs experts in the federal government. We regularly engage with senior officials at: OFAC; BIS, the White House National Security Council and National Economic Council; the U.S. State Department, including the Office of Economic Sanctions Policy and Implementation; and the U.S. Customs and Border Protection agency. 

We maintain an equally strong presence in the Senate and House of Representatives, engaging with senior lawmakers, their staff, and leadership on the key committees of jurisdiction with respect to pending sanctions legislation and amendments. This includes the leadership of the Senate Foreign Relations Committee and the House Foreign Affairs Committee. Our attorneys have served in Republican and Democrat leadership offices in both chambers of Congress and therefore are knowledgeable about strategic thinking on both sides of the aisle.

Sanctions and export controls imposed on numerous individuals and entities by the U.S., and other nations can have far reaching consequences for you and your customers, suppliers, and investors. In our deeply interconnected global economy, we work with our clients to evaluate, understand, and adapt to these increasingly complex economic sanctions and export control regimes. We are committed to protecting our clients by providing the resources and information required to develop and implement compliant business solutions in this challenging and rapidly evolving international trade landscape.

Overview of experience

  • Advising on compliance with U.S. sanctions and export control regulations in connection with specific transactions
  • Conducting sanctions and export controls risk mapping to identify our clients’ economic sanctions and export controls risk exposure
  • Drafting/submitting license applications and requests for guidance
  • Interacting with government officials, including at OFAC, BIS, DDTC, the White House National Security Council and National Economic Council, and the U.S. State Department
  • Conducting internal investigations, compliance reviews, and audits, including advising on, and drafting, voluntary disclosures
  • Advising on matters concerning CFIUS/investment controls
  • Conducting pre-acquisition or pre-sale audits to determine sanctions and export controls risk exposure and drafting of relevant contractual undertakings to limit such exposure
  • Designing and helping to implement sanctions and export control compliance programs
  • Developing/delivering tailored training
  • Representing clients before the Justice Department’s National Security Division in sanctions matters

 

Areas of Focus

International trade and national security matters include:
  • Office of Foreign Assets Control (OFAC) sanctions programs
  • Export Administration Regulations (EAR)
  • International Traffic in Arms Regulations (ITAR)
  • Committee on Foreign Investment in the United States (CFIUS) regulations
  • Foreign Trade Regulations (FTR)
  • Import restrictions related to forced labor
  • Foreign Corrupt Practices Act and other anti-corruption regimes
  • Foreign Agents Registration Act (FARA)

Key Contacts

Related Practices & Industries

As our knowledge is wide-ranging, our attorneys also advise on a number of related areas.

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Experience

TRADE SANCTIONS

  • Prepared license applications and obtained interpretive guidance for clients under various U.S. sanctions programs; represented clients in interactions with the U.S. State Department and U.S. Department of the Treasury.
  • Advised clients dealing with sanctioned investors and investments, and in connection with transactions involving the Russia/Ukraine, Cuba, Iran, Venezuela, North Korea and other sanctions programs.
  • Conducted internal investigations and compliance audits, provided sanctions compliance advice and assisted companies in developing compliance programs and delivering compliance training to company employees.
  • Represent an NGO in navigating the remaining U.S. and EU sanctions against Syria.
  • Advise clients in navigating the EU sanctions regime against Russia following the war in Ukraine.*
  • Prepared an advisory opinion for an internet registry service provider and license applications for software developers and provided guidance regarding sanctions jurisdiction.*
  • Advised software development companies on sanctions compliance related to engaging independent software developers in Venezuela.*
  • Analyzed OFAC sanctions compliance requirements for a blockchain analytics company and provided guidance on compliance with OFAC sanctions in support of a governmental investigation.*
  • Advised life sciences companies on compliance with general licenses and OFAC licensing requirements for IP filings in sanctioned countries.*
  • Provided sanctions compliance guidance to software developers that suspected remote workers of being associated with the North Korean government.*
  • Provided guidance to clients in response to compliance inquiries from financial institutions related to payments of foreign patent agents and advocated for clients before financial institutions on compliance diligence related to such payments.*

EXPORT CONTROLS

  • Conducted internal investigations and compliance audits, provided export controls compliance advice and assisted companies in developing compliance programs and delivering compliance training to company employees.
  • Represented the chief executive of a defense sector company in connection with a criminal investigation and trial involving alleged U.S. and European export controls violations, with favorable outcome for client.
  • Advised U.S. and non-U.S. companies regarding export control compliance and potential liabilities in mergers and acquisitions in both the U.S. and abroad.
  • Defended a technology company in connection with investigation of possible export controls violations and possible violations involving alleged misuse of classified information.
  • Advised U.S. companies regarding export controls implications of the employment of foreign nationals, including H1-B visa holders, research assistants, students and interns, as well as foreign national employees of parents, subsidiaries and affiliates.
  • Advised a publicly traded semiconductor company on export control compliance, including successfully obtaining and negotiating the scope and terms of BIS licenses, advising on export control classification and licensing requirements for multiple generations of product families, and providing export compliance training to key personnel. Advised the company on responding to CFIUS non-notified inquiries and compliance with the OISP.*
  • Advised a developer of space-qualified solar cells on the export control classification of its products, obtained a deemed export license for a key employee, and advised the company on CFIUS and export control matters across multiple financings and its acquisition.*
  • Advised a developer of mobile, connected toolsets on export control compliance matters, including preparing and obtaining on an expedited basis a license for the export of controlled sensors for the development of prototype mobile, connected toolsets for frontline defense and industrial workers.*
  • Advised a space technology and life sciences company on ITAR and EAR compliance, including export control classifications of its technologies, licensing requirements, and developing strategies to minimize regulatory licensing obligations to facilitate partnerships with and operations in allied countries.*
  • Advised contract manufacturers and custom product developers on ITAR and EAR compliance and licensing requirements.
  • Conducted de minimis and foreign direct product rule analyses for semiconductor and software developers and provided guidance on compliance with the EAR.
  • Advised an early-stage developer of command-and-control technology products on ITAR and EAR jurisdiction, licensing (deemed export, physical exports, and technical assistance agreements), and compliance in their efforts to support Ukrainian defense efforts and counter-unmanned aerial systems support in conflict zones.
  • Advised an enterprise resource planning software developer on ITAR and EAR compliance, including advising on the development of product offerings designed to support compliance with export control requirements.*
  • Advised defense technology companies developing modular unmanned systems in structuring core product lines to maximize the ability to sell commercially and manage ITAR and EAR compliance requirements.*
  • Advised clients across industries—including quantum, space, defense, and satellite technologies and contract manufacturers—on ITAR compliance matters, including licensing; technical assistance agreements; jurisdiction analyses and classification; mergers, acquisitions, and divestitures (MAD) notifications; and registration requirements.*
  • Developed tailored EAR and ITAR compliance policies, procedures, and technology control plans for multiple companies across various industries, including developing hiring policies to balance anti-discrimination employment law requirements and export control licensing requirements specific to the client’s technology.*
  • Provided export compliance trainings for companies across industries on EAR, ITAR, OFAC, and anti-boycott compliance, and provided export compliance, empowered official, and broker training for key personnel of various defense technology companies.*

WITHOLD RELEASE ORDERS AND FORCED LABOR REGULATIONS

  • Represented a manufacturer in a petition to CBP for the modification of a Withhold Release Order.
  • Advised client concerning U.S. litigation involving allegations of forced labor in the global supply chain for cocoa.
  • Advised a leading cosmetics industry client on supply chain due diligence related to the palm oil industry in Malaysia and Indonesia.
  • Provided guidance to a client in the extractive industry regarding the import of products from the Xinjiang Uygur Autonomous Region.

CFIUS/INVESTMENT CONTROLS

  • Advise clients on the CFIUS implications of proposed non-U.S. investors and proposed foreign investments.
  • Advise technology companies on the applicability of CFIUS requirements and conducted analysis for proposed acquisitions.
  • Advised investment company on CFIUS requirements and conducted analysis of various proposed investments.
  • Advised technology company on mitigation strategy for proposed acquisition to address CFIUS concerns.
  • Our attorneys have extensive experience with CFIUS matters from the perspective of the government from their time at the DOJ, the National Security Council or in other government positions.
  • Guided a quantum company through multiple CFIUS filings, conducted critical technology analyses, and advised the company on export control compliance and licensing requirements for its novel quantum computing technologies.*
  • Guided a leading provider of application development, integration, and identity / access management software through a CFIUS filing related to its acquisition by a leading foreign private equity firm and advised the company on export control and sanctions compliance matters, including classification of its software products.*
  • Guided a space technologies company through multiple CFIUS filings, concurrently advising the company on ITAR and EAR compliance matters, and advised the company across various financings and strategic partnerships on CFIUS and export control compliance matters.*
  • Advised a biotechnology company on CFIUS and export control compliance matters across several financings, including guiding the company through multiple CFIUS filings, negotiating national security agreements, classifying the company’s hardware and software for export control purposes, and advised the company on the development and implementation of an export control compliance program for its cutting-edge technology.*
  • Represented the venture fund of a publicly traded foreign Fortune 500 technology conglomerate on CFIUS matters, obtained CFIUS clearance for the fund’s investments in U.S. technology companies, and provided strategic and transactional guidance for the fund’s portfolio investments across technology sectors including industrial, manufacturing, and agriculture automation technologies; robotics; enterprise software solutions; battery and energy management technologies; IoT; and operations management software solutions.*
  • Advised a foreign automotive developer in obtaining CFIUS clearance for its acquisition of a U.S. automotive developer, including negotiating a supply assurance national security agreement.*
  • Advised a foreign multi-asset investment platform on CFIUS and OISP issues in connection with acquisitions of and investments in U.S. technology companies.*
  • Advised multiple companies across industries—including semiconductor technology, software, and life sciences / biotechnology companies—in responding to CFIUS non-notified inquiries.*
  • Regularly conduct CFIUS critical technology, critical infrastructure, and sensitive personal data analyses for companies across industries.*

FCPA/ANTI-CORRUPTION

  • Represented the chief executive of a major U.S. exporter in connection with internal and federal investigations of alleged violations of the Foreign Corrupt Practices Act in India.
  • Conducted internal investigations into allegations of FCPA violations and related corruption matters, and represented companies in dealings with the DOJ and SEC concerning such allegations including the following: a manufacturing company concerning allegations related to Mexico, a manufacturing company concerning allegations related to Colombia, a telecommunications company concerning allegations related to Turkey and throughout Africa, a manufacturing company concerning allegations related to Europe, a telecommunications company related to allegations in Europe, a retail company concerning allegations related to China.
  • Conducted internal investigation for technology company concerning alleged kickbacks provided in violation of the Foreign Corrupt Practices Act in the Middle East.
  • Represented a Fortune 100 Life Sciences company to coordinate the investigation of suspected FCPA violations in India, Ukraine, China and Brazil, and to advise the company's Internal Audit Department on conducting FCPA audits to ensure compliance.
  • Represented a multinational Fortune 100 Insurance Company in connection with an internal FCPA compliance investigation.
  • Prepared anti-corruption policies and conducted trainings for a variety of companies across the globe.

INVESTIGATIONS AND VOLUNTARY SELF-DISCLOSURES

  • Representing individual witnesses in connection with a U.S. Department of Justice criminal FARA investigation into the activities of a non-governmental organization receiving grant funding from foreign sources, including preparing witnesses for interviews and responding to government inquiries.
  • Advised a social medial platform on EAR and OFAC compliance and its internal investigation of potential EAR and OFAC violations relating to users making subscription payments with payment methods designed to evade sanctions and export control restrictions, resolving without penalties voluntary self-disclosures submitted to BIS and OFAC.*
  • Advised a quantum computing company on EAR and OFAC compliance and steps to conduct an internal investigation relating to potential violations as part of due diligence efforts related to a strategic transaction.*
  • Advised a multinational industrial explosives and agricultural fertilizer company on its internal investigation and remediation efforts and prepared a voluntary self-disclosure to OFAC of an attempted diversion of the fertilizer compound to an embargoed country, resulting in no penalties.*
  • Advised and prepared voluntary self-disclosures on ITAR compliance matters for defense technology companies, including a military training software company and a space technologies company.*

FOREIGN AGENTS REGISTRATION ACT (FARA)

  • Representing individual witnesses in connection with a U.S. Department of Justice criminal FARA investigation into the activities of a non-governmental organization receiving grant funding from foreign sources, including preparing witnesses for interviews and responding to government inquiries.
  • Represented the chief executive of a major U.S. exporter in connection with internal and federal investigations of alleged violations of the Foreign Corrupt Practices Act in India.*
  • Represented an individual in connection with a criminal investigation by the U.S. Department of Justice concerning alleged violations of the Foreign Agents Registration Act.*
  • Advised a sovereign wealth fund regarding FARA registration obligations and filing requirements.*
  • Advised a non-U.S. investment fund on FARA filing obligations and compliance with registration requirements.*
  • Advised various non-U.S. financial institutions on FARA filing obligations and related compliance considerations.*
  • Advised numerous non-U.S. companies on FARA registration requirements and filing obligations.*
  • Counseled clients on whether their activities require registration under the Foreign Agents Registration Act, including advising on FARA compliance obligations, preparing and submitting FARA registrations, and handling matters involving criminal jury trials alleging FARA violations.*

 

* Denotes matter handled by Foley Hoag LLP attorney prior to joining the firm

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