Economic Sanctions & Export Control Law

As the world becomes increasingly interconnected, our clients find themselves facing economic regulations on multiple fronts. Our sanctions lawyers work in concert with our White Collar Defense and Government Investigations practice group and our U.S. National Security practice group , to assist clients in complying with sanctions laws, investigating suspected internal violations, and interacting with government agencies tasked with enforcing sanctions laws. As preventative measures, we conduct reviews and analyses of compliance policies and procedures, as well as risk assessments for potential exposure to liability. Our work includes preparing and submitting applications for specific licenses or for clarification of existing regulations and pronouncements.

Our team is composed of litigation, transactional, and trade attorneys from our offices across the globe, who bring their collective expertise to bear on sanctions laws.

Advising sovereigns, companies, and individuals on sanctions laws

We regularly advise sovereign states and entities, as well as companies and individuals, on the implications of existing and proposed sanctions laws and export regulations. Our work has included providing governments with analyses of major sanctions actions directed against them, their business partners, or counterparties, as well as detailed assessments of whether specific proposed joint ventures and transactions would be compliant under pertinent sanctions regimes. We closely monitor developments in this fast-moving area to provide our clients with the latest updates.

Compliance with international sanctions regimes

As regulators and prosecutors develop ever-greater expectations for companies’ internal compliance programs, our sanctions lawyers work with clients to create tailor-made sanctions compliance policies and training programs. We also conduct internal investigations when violations are suspected, and we represent our clients in investigations by regulators.

We conduct incisive risk analyses regarding potential transactions and partnerships with persons and entities in sanctioned countries or operating in sanctioned economic sectors, and assist our clients in complying with legal requirements around the world, including:

• U.S. sanctions, laws, and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) (including primary sanctions, as well as secondary sanctions applicable to non-U.S. persons and entities); the U.S. Department of Commerce’s Bureau of Industry and Security (BIS); the U.S. Department of State; and other Executive and Legislative Branch actions;
• European Union sanctions, laws, and regulations, including the E.U. Blocking Statute;
• Relevant reporting obligations in various jurisdictions, including the U.K. Reporting Statute; Sanctions implemented by the United Kingdom’s Office of Financial Sanctions Implementation (OFSI) and the development of a new post-Brexit sanctions regime;
• United Nations Security Council sanctions programs.

Export Control

Along with providing advice on economic sanctions imposed by the US, UK, EU, Switzerland and other countries, the Curtis international trade team delivers comprehensive guidance on export control law, encompassing compliance programs, licensing procedures, enforcement matters, and due diligence protocols.

We help clients navigate the complex web of export control regulations, including the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), and EU export controls, while obtaining appropriate export licenses essential for cross-border trade and commerce.

Our representation extends to clients facing export control investigations and government enforcement actions, with extensive experience appearing before key regulatory bodies including the Department of Commerce (DOC), Directorate of Defense Trade Controls (DDTC), Bureau of Industry and Security (BIS), as well as UK and EU trade authorities.

Curtis’ comprehensive experience spans trade and economic sanctions proceedings under the OFAC, foreign investment reviews under the Committee on Foreign Investment in the United States (CFIUS), anti-money laundering (AML) regimes, and related compliance areas, while also conducting thorough due diligence to identify and mitigate potential export control risks.

Advising on Sanctions Issues Arising in Disputes and Transactions

Litigation and arbitration can implicate sanctions issues in various ways. An adverse party might be a sanctioned entity. Provisional remedies might run afoul of sanctions laws. Settlement of a dispute with a sanctioned entity or country often requires a specific license. Issues can also arise regarding enforcement of a judgment or arbitral award against blocked assets. Our team has experience dealing with these and other issues.

In instances of cross-border mergers and acquisitions, our sanctions lawyers perform related due diligence and audits, negotiate sanctions representations as needed to successfully close deals, and help with post-closing remediation and risk control measures.