International Trade, Investment Controls, and National Security

• International Trade
• Investment Controls and CFIUS
• National Security, Export Controls, and Sanctions

International Trade

Our International Trade lawyers and government affairs professionals are experienced in every area of law and policy governing cross-border trade in goods and services. From customs classification, valuation, and country of origin determinations, to compliance and prior disclosures, to advice on the latest trade and tariff policies and programs, we provide a full 360-degree trade practice to companies across a wide range of industries and geographies.

Due to our single global platform, we are ideally positioned to help clients understand and comply with the laws and regulations administered and enforced by US and other customs and trade authorities. We maintain excellent relationships with key policymakers and other stakeholders, and have the ability to not only guide clients through existing laws and regulations but to help them have an impact on future laws and policies of key importance to their businesses and investments.

Our services in this area include:

• Trade remedy (e.g., antidumping and countervailing duty, Section 301, Section 232, Section 201, actions under the International Emergency Economic Powers Act (IEEPA)) counseling, litigation, and dispute resolution
• Appraisement and valuation
• Binding Rulings
• Country of origin and origin marking, including compliance with procurement requirements (e.g., Buy America and Buy American)
• Prior disclosures and responding to and resolving Customs and Border Protection seizures and penalties
• Customs issues in connection with business planning, compliance, and administrative proceedings
• Entry procedures (e.g., documentation, filings)
• Foreign Trade Zones and sub-zones
• Harmonized System and Harmonized Tariff Schedule of the United States classifications
• Import and export compliance, training, and capacity building
• Laws governing importation of highly regulated goods, such as medicines, medical devices, electronics, telecommunications equipment, connected vehicles and drones, food, and chemicals
• Liquidation and reliquidation procedures
• Anti-forced labor law compliance (e.g., Uyghur Forced Labor Prevention Act and anti-modern slavery law compliance)
• Rules of origin under the United States-Mexico-Canada Agreement (USMCA) and other trade agreements
• Tariff and supply chain counseling 
• Trade policy and lobbying

Investment Controls and CFIUS

Given the breadth of our experience handling international transactions—including mergers, acquisitions, and investments—our Investment Controls team regularly assists US and non-US buyers and sellers in assessing whether they are required to or should consider notifying CFIUS or other relevant government investment authorities of a proposed transaction in light of any identified economic or national security concerns. 

In the area of CFIUS, we regularly handle filings of joint voluntary notices and assist clients in complying with and achieving safe harbor protections under the mandatory declaration requirements implemented by the Foreign Investment Risk Review Modernization Act (FIRRMA).  

To enable the desired foreign investment, we assist clients in securing mitigation agreements with the Defense Counterintelligence and Security Agency (DCSA) and structuring transactions to ensure they do not trigger CFIUS jurisdiction, avoiding any national security concerns. In addition to the filings themselves, we work with members on Capitol Hill and the CFIUS committee to educate them on the scope of the contemplated transactions. 

We offer comprehensive foreign direct investment advice around the world. The respective teams work together seamlessly to ensure clearance of transactions in all jurisdictions triggered. We also advise a range of companies and investors in all major industry sectors on compliance with US outbound investment controls, Information and Communications Technology and Services (ICTS) controls, Section 889 provisions, and other major areas of US and non-US cross-border investment and supply chain security regulations.   

Our team collaborates extensively with lawyers and policy professionals throughout the firm, including those in our Antitrust and Competition, Corporate, Government Contracts and Procurement Policy, and Public Policy and Law practice groups on short declarations and longer joint voluntary notices, as well as any related presubmission meetings. Having critical team members who work in these areas allows us to advance strategic explanations that transactions either do not pose national security concerns or otherwise demonstrate that certain mitigation measures are adequate to mitigate any national security concerns.

National Security, Export Controls, and Sanctions

Our team provides comprehensive legal counsel and representation to multinational and regional businesses on matters related to the US Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), anti-boycott laws, as well as economic sanctions enforced by the Office of Foreign Assets Control (OFAC). We advise clients on compliance, licensing, investigations, litigation, and navigating the complexities of these regulations, particularly concerning transactions involving Europe, the Indo-Pacific region, and the Middle East. We assist companies and investors in complying with requirements of FOCI mitigation and specialized national security areas, including the National Industrial Security Program, protection of Controlled Unclassified Information (CUI), and the Defense Priorities and Allocations System (DPAS).

Key services provided by our national security, export controls, and sanctions work include:

• Compliance audits, training, and capacity building
• Due diligence in advance of mergers, acquisitions, and divestitures
• Responding to government investigations and conducting internal reviews
• Preparing and successfully resolving voluntary disclosures
• Negotiating and coordinating successful resolution of consent agreements, charging letters, and other enforcement actions
• Conducting third party monitorships
• Industry-specific jurisdiction, classification, and licensing guidance in areas such as encryption, semiconductors, semiconductor manufacturing, autonomous vehicles, hypersonics, advanced materials, additive manufacturing, quantum computing, artificial intelligence technology, and data center regulation and security
• Licensing and registration under the EAR, ITAR, and other regulatory regimes
• Use of license exceptions
• Advice concerning and compliance with export control and national security related requirements of federal procurement laws and regulations (e.g., Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation (DFARS), DPAS)