Companies involved in cross-border transactions face numerous regulatory hurdles relating to the export and re-export of sensitive goods and technologies; investments and other dealings having national security implications; and relationships with persons and entities that may be governed by U.S. economic sanctions, anti-money laundering and anti-corruption laws.
Goodwin helps its clients to understand how these laws apply to their business and investment activities, manage risks, and overcome obstacles. Our global team is equally proficient in advising the innovators and investors. This unique combination of deep experience in a rapidly-changing, technology-driven economy sets us apart. We develop and implement compliance programs, conduct client-focused training, and represent clients to obtain licenses, government authorizations, and advisory opinions. We provide transactional support, including by assisting with due diligence; identifying and resolving national security and foreign trade regulation issues that may arise; and drafting agreements to ensure proper attention to these issues. We conduct internal investigations and counsel clients on when voluntary disclosures to the U.S. government may be warranted. And we defend our clients in civil enforcement actions and criminal prosecutions.
Our Global Trade practice advises on the following interlocking and increasingly important regulatory regimes:
- Committee on Foreign Investment in the United States (CFIUS) Regulations, also known as Exon-Florio, under which transactions involving foreign persons and U.S. businesses are reviewed for potential national security implications.
- Office of Foreign Assets Control (OFAC) Regulations, which administer U.S. economic sanctions targeting specific countries and their governments — including Iran, Cuba, North Korea, Sudan, Syria, and the Crimea region of Ukraine — as well as other specially designated persons.
- Export Administration Regulations (EAR), which control export and re-export of sensitive “dual use” items and technologies — e.g., software utilizing encryption, high-speed computers, lasers, and other items having both civilian and military application.
- International Traffic in Arms Regulations (ITAR), which apply to manufacture and export of military items and technologies.
- U.S. Patriot Act and anti-money laundering laws, which place various affirmative anti-money laundering and related due diligence requirements on financial institutions and their dealings with counterparties.
- Foreign Corrupt Practices Act (FCPA), which bars payments made to influence foreign government officials.
Our lawyers are adept at navigating these hurdles for a variety of businesses and industry sectors, including technology, software and hardware, clean technology, financial services, transportation, real estate, energy, and defense manufacturing, among others.