U.S. National Security Law

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Evolving national security and foreign policy priorities in the United States, Europe, China and elsewhere have resulted in increasingly broad and complex regulation of cross-border investment and trade with a corresponding escalation in risks for investors, businesses and individuals with international interests. What once were routine business transactions now can easily run afoul of export controls, investment restrictions, sanctions laws and other national security limitations.

U.S. National Security Advice and Representation

We routinely advise U.S. and foreign clients on a broad array of U.S. national security programs and regulations, the enforcement of which can impact transactions, assets, individuals and entities globally. The national security practice group includes partners in our Washington and New York offices who have extensive U.S. government experience and who hold active security clearances. The national security matters on which they advise include:

CFIUS review

Regulation of foreign direct investment by the Committee on Foreign Investment in the U.S. (CFIUS) under the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) including the acquisition of foreign control over U.S. businesses presenting potential national security risks, or of minority stakes in businesses involving certain critical technology or infrastructure or sensitive personal data of U.S. citizens

Regulation of international commerce under IEEPA

Regulation of international commerce under the International Emergency Economic Powers Act (IEEPA) including, among other actions, prohibiting purchases by U.S. persons of goods and services from foreign sources and sales to foreign interests in cases of extraordinary threat to U.S. national security, foreign policy or the economy originating outside the U.S. as recently utilized in connection with the protection of sensitive personal data of U.S. citizens and of U.S. telecommunications infrastructure

Sanctions and OFAC compliance

Compliance with economic and trade sanctions based on U.S. foreign policy and national security goals as administered and enforced by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the U.S.

Section 232 Tariffs

Import tariffs imposed under Section 232 of the Trade Expansion Act of 1962 which, although rarely invoked, authorizes the president to impose tariffs, based on the Commerce Secretary’s recommendation, if an article is imported into the U.S. in such quantities or under such circumstances as to impair or threaten U.S. national security

FOCI mitigation

Mitigation of foreign ownership, control and influence (FOCI) under agreements between U.S. defense and intelligence contractors having foreign ownership interests and the U.S. Defense Counterintelligence and Security Agency (DCSA) pursuant to the National Industrial Security Program (NISP)

Compliance with NISP and related regulations

Compliance with regulations protecting top secret and other classified U.S. government information and contracts with U.S. defense and intelligence agencies, including facility and personnel clearance requirements under NISP

Representation in national security investigations and criminal matters

Representation in national security investigations and criminal matters requiring counsel with top-secret security clearance, including investigations and prosecutions coordinated by the National Security Division of the Department of Justice and conducted by inspectors general of, among others, the Department of Defense, Department of Homeland Security, Central Intelligence Agency, and Office of the Director of National Intelligence

FCPA compliance and investigations

Compliance and investigations relating to the Foreign Corrupt Practices Act (FCPA) relating to the bribery of foreign public officials to gain commercial advantage

Export controls under ITAR

International trade export controls under the International Traffic in Arms Regulations (ITAR), administered by the Department of State’s Directorate of Defense Trade Controls (DDTC), relating to defense products, services and technical data identified in the United States Munitions List (USML) consisting of more than twenty broad categories ranging from weapons systems and components, to spacecraft and satellites, imaging and sensing systems and more

Export controls under Export Administration Regulations

International trade export controls under the Export Administration Regulations (EAR), administered by the Department of Commerce’s Bureau of Industry and Security (BIS), relating to commercial dual-use goods, information and technology identified on the Commerce Control List (CCL) such as computing and communications equipment, firearms, aircraft, vehicles, chemicals and materials having potential military applications, as well as emerging and foundational technologies to be identified by BIS under the Export Control Reform Act of 2018 (ECRA)

Antiboycott compliance

Antiboycott regulations administered by the Department of Commerce through the Office of Antiboycott Compliance (OAC) which is a part of BIS

Evolving national security and foreign policy priorities in the United States, Europe, China and elsewhere have resulted in increasingly broad and complex regulation of cross-border investment and trade with a corresponding escalation in risks for investors, businesses and individuals with international interests. What once were routine business transactions now can easily run afoul of export controls, investment restrictions, sanctions laws and other national security limitations.