Mahmoud (Mac) Baki Fadlallah focuses his practice on the application of U.S. law to non-U.S. entities and operations, particularly with respect to global investigations and compliance with international sanctions, export controls and anticorruption laws. Mr. Fadlallah has been based in the UAE since 2012, where he counsels clients across a variety of sectors, including aerospace and defense, satellite, logistics and freight forwarding, communications and technology, financial/banking, energy, automotive, health care, industrial and chemical.
Practice & Background
Mr. Fadlallah regularly advises clients on compliance with the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) sanctions, the Foreign Corrupt Practices Act (FCPA), and trade controls administered under the International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), and Drug Enforcement Agency (DEA) regulations on listed chemicals and controlled substances.
Mr. Fadlallah also advises extensively on the implementation of the Joint Comprehensive Plan of Action (JCPOA), the nuclear deal reached between the international community and Iran. In doing so, Mr. Fadlallah counsels companies on the sanctions considerations involved in Iran-related business, including secondary sanctions exposure as well as associated risks such as SEC disclosure obligations, contractual safeguards, and U.S. state divestment policies.
Mr. Fadlallah earned his J.D. in 2008 from the University of Minnesota, where he completed a concentration in international human rights law and served on the editorial board of the Minnesota Law Review.
Mr. Fadlallah’s representative matters include:
- assessing non-U.S. entities’ compliance with applicable U.S. sanctions, export controls, and anticorruption laws and regulations
- negotiating compliance contractual provisions, including for and against lenders in facility and other financing agreements
- advising funds and other investment vehicles on conducting due diligence and establishing compliance safeguards to mitigate sanctions, export controls, and anticorruption risks
- conducting internal compliance investigations of possible FCPA, ITAR, EAR or OFAC regulations and related company policies, and facilitating compliance audits
- developing and implementing compliance policies and procedures, with an emphasis on non-U.S. entities
- responding to letters from U.S. state public fund investment authorities threatening listing and/or divestment of funds from publicly listed clients
- drafting voluntary disclosures of U.S. export controls and sanctions violations to relevant U.S. government agencies and managing subsequent interface with the government in the context of settlement negotiations
- responding to subpoenas issued by the U.S. government related to anticorruption, export control or sanctions matters
- implementing and managing information technology tools to facilitate international trade compliance, including automated export control modules and denied party screening solutions
- counseling clients on matters related to encryption controls, including obtaining encryption registrations and preparing encryption classification requests
- advising clients making export control jurisdictional determinations and, where appropriate, self-classifying their products, technology and software under the U.S. Munitions List or the Commerce Control List
- securing significant and unprecedented BIS, ITAR and OFAC licenses (including ITAR Technical Assistance Agreements or Manufacturing License Agreements) as well as ITAR registration applications for manufacturers, exporters and brokers of defense articles and services
- preparing general and topic-specific export controls and sanctions compliance trainings, manuals and memoranda.
Awards & Accolades
- Runner Up, Young Practitioner of the Year, WorldECR Awards 2017
- Conference co-chair and speaker on “Russia, Sudan and Other Sanctions Changes to Expect under the Trump Administration,” C5’s Trade Compliance in the Middle East, Dubai, U.A.E, March 6-7, 2017
- Moderator, “CompliancePprograms and Risk Indicators of Terrorist Financing for Exchange Houses and Money Transmitters,” and Panelist, “International Guidance and Mechanisms for Countering Terrorist Financing,” Global Center on Cooperative Security Forum, cohosted by the Embassy of Denmark and the Central Bank of Lebanon, Beirut, Lebanon, January 9, 2017
- Speaker, “Iran Sanctions: One Year Later,” the Oath GC Talk Series, Dubai, UAE, November 9, 2016
- Speaker, “OFAC Sanctions Update,” Union of Arab Banks, Beirut, Lebanon, October 27, 2016
- Speaker, “OFAC Sanctions: Impact on Endowments and Compliance Best Practices,” Regulatory Fundamentals Group, Webinar, July 12, 2016
- Speaker, “Sanctions Risks on Bahraini Financial Institutions,” Union of Arab Banks, Manama, Bahrain, May 3, 2016
- Speaker, “Impact of the Iran Nuclear Deal on Middle East Financial Institutions,” Union of Arab Banks, Kuwait City, Kuwait, February 14-15, 2016
- Panelist, “Foreign Investments and Your Compliance Program,” Regulatory Fundamentals Group, Houston, Texas, February 3, 2016
- Speaker, “Iran Nuclear Deal: What’s Changed and What Hasn’t Changed,” U.S. Embassy Singapore Industry Outreach Seminar, Singapore, January 22, 2016
- Speaker, “Managing International Sanctions Risk & The Impact of the Iran Nuclear Deal,” Union of Arab Banks, Beirut, Lebanon (November 10, 2015) and Doha, Qatar (November 24, 2015)
- Keynote speaker, “Sanctions and Enforcement: What’s Changed and What Hasn’t Changed as a Result of the Iranian Nuclear Deal,” Union of Arab Banks Seminar, Dubai, UAE, October 19, 2015
- Speaker, “The Iran Nuclear Deal – Impact of U.S. Sanctions Relief on U.A.E. Companies,” Akin Gump and The American Business Council of Dubai & Northern Emirates co-hosted seminar, Dubai, UAE, October 11, 2015
- Panelist, “U.S. and EU Sanctions & Export Controls Impact Middle East Companies,” Global Legal Confex, Dubai, UAE, October 7, 2015
- Speaker, “U.S. Export and Sanctions Laws – What the Forwarding and Logistics Community Needs to Know,” National Association of Forwarding and Logistics (NAFL), Dubai, UAE, November 16, 2014