- Chambers Global, March 25, 2014
Sheppard Mullin’s international trade team helps clients address their most challenging sanctions (OFAC), export (DDTC and BIS) and import (DHS), and anti-bribery (DOJ and SEC) issues. Our team of international trade attorneys has extensive experience helping clients with projects such as the following:
- Counseling on risk-based compliance strategies
- Developing and rolling out compliance policies and procedures
- Preparing and delivering compliance training
- Addressing day-to-day compliance questions
- Analyzing and counseling related to M&A and other corporate transactions
- Conducting and supporting due diligence
- Preparing and managing compliance audits
- Leading internal investigations and reviews
- Advising on government investigations
- Implementing compliance enhancements and corrective actions
- Negotiating settlements and penalties
Our international trade attorneys work directly with clients and – as necessary – with the government regulators themselves to help clients understand and comply with their obligations.
With respect to US sanctions issues, the obligations change regularly as a reflection of US foreign policy. Our international trade attorneys are always on top of the relevant laws. Whether the matter involves facilitation or the export of services, the 50% rule or a license application, a voluntary disclosure or responding to a subpoena, our international trade team can help.
When exporting US-origin products or technologies, it is essential to understand the classification of the export (whether controlled under the ITAR or the EAR), where it will be sent, its end use and its end user. Our international trade team helps clients address all of these issues, as well as the corresponding issue of whether a license or other authorization is needed to make the export. Our international trade attorneys can also assist with the routine administrative export requirements, such as registering with the State Department or keeping proper records.
The FCPA prohibits US companies and individuals, as well as US issuers, from making or offering bribes to non-US government officials. There also are recordkeeping and internal controls provisions by which issuers must abide. Our international trade team understands that these relatively simple concepts can be very difficult to apply in practice – whether in the case of gifts and hospitality, the hiring of third party agents and representatives, deciding whether to permit facilitating payments, or making a disclosure to the Fraud Section or the SEC.
Import matters also present challenges to our clients, whether because of duty classification issues, country of origin marking decisions, or working with CBP on seizures or other such matters. Our international trade attorneys can help with any of these issues.
In addition to these areas of practice, our international trade attorneys have deep experience advising clients on matters related to the Committee on Foreign Investment in the United States, anti-boycott regulations (whether administered by the Treasury Department or the Office of Anti-boycott Compliance), anti-dumping and countervailing duties, and many other trade regulatory matters. Please contact us anytime if we can assist.