As the United States takes a more aggressive approach to enforcement in all areas of international trade regulation and national security, the departments of State, Commerce, Treasury and Homeland Security are more vigorously policing the international trade activities of U.S. firms and their foreign trading partners to ensure strict compliance with export control and economic sanctions laws.

The constant evolution of U.S. national security and foreign policy priorities generates shifting government expectations and regulatory standards, and increases risks for U.S. and foreign companies with international business interests. Without experienced legal guidance, routine business transactions may run afoul of U.S. export control and sanctions laws, possibly resulting in severe civil and criminal penalties that could include monetary fines, administrative debarment, denial of export privileges and forfeitures. In the current political climate, companies confronted with enforcement actions also face a heightened risk of damage to their relations with government officials, their stockholders and the general public.

The international trade practice at Akin Gump Strauss Hauer & Feld LLP has the skills, experience and judgment required to span the full range of administrative, public policy and litigation concerns raised by the new breed of export control and economic sanctions laws. We advise and represent clients in the following areas dealing with U.S. national security and foreign policy concerns.

• Export control laws
• Economic sanctions and trade embargoes
• Antiboycott laws
• Foreign Corrupt Practices Act (FCPA)
• Foreign direct investment

Our Services

The international trade attorneys at Akin Gump provide the full range of legal and value-added services to our clients in the export control and economic sanctions arena.

Compliance. Our clients' international trade activities are governed by the regulatory regimes administered by the Department of Commerce under the Export Administration Regulations (EAR), the Department of State under the International Traffic in Arms Regulations (ITAR), the Department of Treasury's Office of Foreign Assets Control (OFAC) under various sanctions laws and executive orders, and the Department of Energy and the Nuclear Regulatory Commission under the Atomic Energy Act (AEA). At Akin Gump, we develop, customize, implement, audit and evaluate internal control programs and procedures to ensure compliance with these regulatory schemes, and we routinely advise clients on how U.S. export controls and sanctions apply to export, re-export and foreign investment activities. In addition, we monitor, analyze and report on significant legislative, regulatory and political events. Corporate transactions involve additional compliance issues when they are international in scope; therefore, we assist clients in such transactions, including international joint ventures, mergers, acquisitions and public offerings, by conducting due diligence reviews of export control and sanctions issues, addressing related concerns and preparing risk factor assessments and disclosures.

Enforcement. By conducting internal compliance audits and investigations, we help companies identify potential violations of U.S. export controls and economic sanctions programs, assess related liabilities and develop remedial strategies and measures. We also help clients prepare and submit voluntary disclosures of violations to the relevant U.S. government agencies and negotiate the most favorable possible resolutions. Moreover, we defend clients in administrative proceedings and litigation, including civil and criminal investigations and enforcement actions initiated by the Department of Justice and other U.S. government agencies and customs seizures by the Department of Homeland Security.

Classification and Licensing. The determination of which regulatory regimes govern specific products or transactions can be complex. To assist our clients, we provide legal analysis and practical assistance in such instances, and we prepare applications for commodity jurisdiction rulings, commodity classification determinations and specific authorizations and licenses.

Public Policy. Clients engaged in international trade must be regularly apprised of the legislative initiatives and the public policy debate in Washington, D.C., related to export controls and economic sanctions, as well as the development of state and local sanctions laws that may raise additional concerns. We closely monitor and analyze such ongoing matters. Many clients wish to help shape such policy developments. We assist them by drafting options papers, public policy strategies, talking points, white papers and other informational materials, and by implementing grass-roots initiatives to support strategic objectives. Akin Gump attorneys also assist clients in drafting proposed legislation and lobbying Congress and the executive branch, while also advising members of Congress and congressional working groups on legislative initiatives to reform U.S. sanctions laws. Finally, we help draft and present congressional testimony focusing on export controls and economic sanctions concerns.

Our Approach

Our approach to handling export control and economic sanctions issues is comprehensive and utilizes the multidisciplinary integration of our colleagues in many key practice areas. Akin Gump's extensive internal resources around the globe in corporate, energy, public law and policy, white collar criminal defense and other critical areas in international trade are all brought to bear as needed to address clients' problems.

Our teamwork is distinguished by the initiative, motivation and energy of each professional contributing to the achievement of the client's objectives. At the core of our practice is a shared commitment to quality, responsiveness and results-oriented representation. These principles are evident in every aspect of our services, whether in the context of an internal review, a compliance audit, a target counseling project, a government enforcement action or other trade matter. We analyze the specific issue at hand, then identify which particular skills and strategies from among our collective experience can be applied to address that issue most directly, and finally execute the approach that frees our client to engage most profitably in international trade activities—within the bounds of the many laws governing those activities.

Our Team

Akin Gump's international trade practice boasts a dedicated team of attorneys and non-legal professionals who handle representations before key federal government agencies, Congress, foreign governments and multilateral organizations. We are actively involved in the export control and sanctions-related initiatives of the President's Export Council Subcommittee on Export Administration, congressional working groups, the American Bar Association, other professional associations and private business coalitions. We are widely published and frequent speakers at seminars and workshops.

At Akin Gump, we involve the best people at the earliest stage possible, drawing on the firm's diverse capabilities in litigation, policy, energy, and mergers and acquisitions to fill the bill for the most sophisticated and complex international trade problems.

Our Clients

Akin Gump clients range from Fortune 100 companies to small entrepreneurial concerns. We advise domestic, foreign and multinational corporations in numerous industries, including, among others: