In a changing world, Blank Rome’s International Trade group helps clients navigate complex checkpoints on the movement of goods, technology, and investment across borders.
We have deep experience across key geopolitical risk and national security disciplines, including economic sanctions, export controls, foreign investment review by the Committee on Foreign Investment in the United States (“CFIUS”), and supply chain security.
Our team is uniquely positioned to assist with the emerging international risk issues of the 2020s. We advise a global client base on cutting-edge issues of the day, including complex and fast-moving sanctions regulations, export controls on advanced and emerging technologies, CFIUS review of inbound foreign investment, and supply chain security requirements.
We have vast industry experience that helps us to provide turn-key solutions tailored to the particulars of each client’s enterprise. Our team has advised clients around the world across an array of industries, including aerospace and defense, semiconductors, emerging technologies, software, telecommunications, financial, freight forwarding and logistics, and energy.
We provide a comprehensive suite of services for clients managing international risk matters, including day-to-day counseling, strategic planning, transactional due diligence, advice on mergers and acquisitions, internal investigations, development of compliance programs, submission of filings and disclosures to governmental authorities, government enforcement proceedings, and advocacy before regulators.
In order to provide comprehensive services to our clients, we work closely with other highly regarded groups within Blank Rome, including our Corporate, Government Contracts, Maritime, Intellectual Property & Technology, and White Collar Defense & Investigations teams.
How We Can Help
Our team provides experienced advice and representation on economic sanctions matters before the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of State, and state authorities. We have extensive experience across all OFAC sanctions programs, including sanctions relating to Russia, Iran, Venezuela, Cuba, and China, as well as OFAC’s activity-based sanction programs, such as Magnitsky and non-proliferation sanctions.
We provide the following services for clients on sanctions matters:
- Advise on sanctions compliance in connection with international transactions
- Conduct sanctions-related due diligence on mergers and acquisitions
- Handle OFAC licensing matters
- Develop and review compliance programs
- Represent parties in connection with subpoenas, investigations, and enforcement proceedings
- Prepare and submit voluntary disclosures to OFAC
- Compliance audits
- Development of compliance programs
- Advise non-U.S. clients on the secondary sanctions implications of U.S. sanctions programs
- Provide sanctions compliance training
- Represent parties in connection with petitions to be removed from sanctions lists
We advise clients in all aspects of export controls, including matters arising under the Export Administration Regulations (“EAR”) administered by the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) and the International Traffic in Arms Regulations (“ITAR”) administered by the U.S. Department of State’s Directorate of Defense Trade Controls (“DDTC”).
We provide the following services for clients on export control matters:
- Counseling on cross-border transactions
- Product and technology classification analysis
- Preparation and submission of licensing, commodity jurisdiction, and classification requests
- Compliance audits
- Development of compliance programs and provide export compliance training
- Representation of parties in connection with subpoenas, investigations, and enforcement proceedings
- Preparation and submission of voluntary and directed disclosures to BIS and DDTC
- Advice on issues relating to the U.S.-China strategic trade competition
- Industry-specific advice, including with respect to aerospace and defense, semiconductors and electronics, emerging technologies, telecommunications, cybersecurity, sensors and lasers, chemicals, and materials processing
- Advice on compliance with anti-boycott regulations and related reporting requirements
We have experience in advising and representing clients in connection with inbound foreign investment transactions that may be subject to review by the Committee on Foreign Investment in the United States (“CFIUS”).
We provide advice with respect to the following matters relating to foreign investment and CFIUS:
- Assessment of CFIUS jurisdiction in the context of foreign investment in U.S. businesses and real estate
- Advice regarding whether a CFIUS filing is required or recommended
- Preparation and submission of CFIUS filings, and related advocacy
- Negotiation of mitigation conditions and assistance with implementation
- Complex issues relating to critical technologies
- Advice regarding fund formation and early-stage investments
We advise clients across a range of legal regimes regarding customs and supply chain security, providing services related to:
- The Uyghur Forced Labor Prevention Act (“UFLPA”) administered by U.S. Customs and Border Protection
- Preparation and submission of voluntary and directed disclosures to U.S. Customs and Border Protection (“CBP”)
- Advice on compliance with customs classification and valuation requirements
- Advise U.S. and non-U.S. companies on NAFTA, USMCA, and other Free Trade Agreement rules of origin requirements
- The Information and Communications Technology and Services (“ICTS”) rules administered by the U.S. Department of Commerce
- Section 889 of the National Defense Authorization Act for Fiscal Year 2019 regarding prohibited telecommunications equipment
- Supply chain rules in the Defense Federal Acquisition Regulation Supplement (“DFARS”)
- The California Transparency in Supply Chains Act