International trade regulations are ever-changing, and increasingly high-profile, posing a constant risk and challenge to companies of every size in every industry. Export control laws govern the export of every product and technology from weapons systems, medical devices, and encryption technology to pencils — these laws govern not only shipping goods and technologies overseas, but also giving access to controlled items to non-U.S. persons who are located in the U.S. Sanctions cover an increasing number of individuals, companies, and countries. And regulatory changes continue to expand the number of cross-border transactions subject to government approval. Foley Hoag’s Trade Sanctions and Export Controls practice offers expert, risk-based, and practical regulatory advice from our experienced team to help clients avoid compliance missteps and address those that may have already occurred.
The Trade Sanctions and Export Controls practice group counsels clients on a wide variety of international trade matters, including those related to the Committee on Foreign Investment in the United States (CFIUS) regulations, Export Administration Regulations (EAR), Foreign Trade Regulations (FTR), International Traffic in Arms Regulations (ITAR), and Office of Foreign Assets Control (OFAC) regulations. Our attorneys have extensive experience managing international trade issues including:
- Due diligence for mergers and acquisitions related to sanctions and export controls risks
- Reviewing cross-border investment activities for CFIUS implications and, if necessary, notifying CFIUS of the transaction
- Designing and helping to implement international trade compliance programs for companies of all sizes
- Advising on compliance with trade sanctions and export control laws
- Drafting and submitting export license applications
- Developing and delivering compliance training
- Compliance reviews and audits
- Conducting internal investigations
- Drafting disclosures to relevant government agencies
- Defending clients in proceedings involving a wide range of governmental authorities, including the U.S. Department of Justice, U.S. Department of Commerce, OFAC, and the U.S. Department of State, and litigating administrative and judicial actions involving allegations of violations of international trade regulations
- Navigating requirements related to the export of FDA regulated products
We have helped clients in different stages of development and in a broad range of industries, including health care, life sciences, education, aerospace and defense, manufacturing, energy, technology, financial services, professional services, and nonprofit entities. Foley Hoag’s Trade Sanctions and Export Controls practice provides the experience and guidance necessary for our clients to navigate an increasingly complex global environment.