Buchanan’s experienced team of unparalleled national security attorneys provide crucial guidance to businesses regarding economic sanctions and export controls, including the International Traffic in Arms Regulations (ITAR), antiboycott measures, and the Foreign Corrupt Practices Act (FCPA). We have extensive subject matter expertise in designing and implementing compliance programs, conducting internal investigations of potential violations, and, where necessary, vigorously defending our clients in government investigations and enforcement actions implicating U.S. national security and international trade.
Representing U.S. and multinational organizations across numerous industries, our attorneys and government relations professionals work alongside clients to help tailor solutions to ensure compliance with the complex framework of national security laws and regulations. This multi-faceted legal framework encompasses various statutes and regulations, among which the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), and economic sanctions administered by the Office of Foreign Assets Control (OFAC) stand as crucial components.
Buchanan’s ability to deliver successful results for our clients in the national security space is due in part to our working relationships with key federal agencies, routinely appearing before the Office of Foreign Assets Control (OFAC), the U.S. Department of Justice (DOJ), the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC), the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), the U.S. Defense Counterintelligence and Security Agency (DCSA, formerly the DSS), and the Committee on Foreign Investment in the United States (CFIUS).
National Security Focus Areas
Our national security attorneys are knowledgeable and experienced in the following national security areas:
International Traffic in Arms Regulations (ITAR) / Export Administration Regulations (EAR)
The International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR) control the export and transfer of military and dual-use technologies, respectively. Both regimes aim to safeguard U.S. national security interests by controlling the export of sensitive technologies and services to foreign individuals and entities.
Economic Sanctions / Office of Foreign Assets Control (OFAC)
The Department of Treasury, Office of Foreign Assets Control (OFAC) is the agency primarily responsible for administering and enforcing U.S. sanctions. These regimes encompass a wide range of economic and trade restrictions, with the goal of advancing U.S. foreign policy objectives and national security interests.
Foreign Corrupt Practices Act (FCPA) and Anti-Corruption
The Foreign Corrupt Practices Act (FCPA) prohibits bribery of foreign officials in order to obtain or retain business. Enforced by the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC), the FCPA requires U.S. companies, individuals, and certain foreign entities to maintain accurate records and internal control to prevent corrupt practices.
Foreign Agents Registration Act (FARA)
The Foreign Agents Registration Act (FARA) requires individuals and entities acting as agents of foreign principals, who are engaged in certain covered activites, to register with the DOJ. Failure to comply with FARA can result in civil and criminal penalties, emphasizing the importance of disclosure and accountability in foreign influence efforts.
Committee on Foreign Investment in the United States (CFIUS)
The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee tasked with reviewing and potentially mitigating or blocking foreign investments which may pose a threat to national security.
Foreign Ownership, Control or Influence (FOCI)
Foreign Ownership, Control or Influence (FOCI) laws and regulations pertain to measures taken by the U.S. government to assess and manage potential risks associated with foreign influence on U.S. companies involved in classified or sensitive activities. Companies operating under FOCI are required to implement safeguards to prevent unauthorized access to sensitive and/or classified information.
Human Rights / Uyghur Forced Labor Prevention Act (UFLPA)
The Uyghur Forced Labor Prevention Act (UFLPA), entered into force in June 2022, expands Section 307 of the Tariff Act of 1930, and establishes a rebuttable presumption that goods produced, in whole or in part, in China’s Xinjiang province or by entities on the UFLPA Entity List were made using forced labor and, thus, must be denied entry into the United States.
Proof Points
- Advise U.S. and multinational clients on licensing and compliance requirements pursuant to the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR).
- Advise U.S. and foreign entities on economic sanctions regulations administered by OFAC that govern trade with Cuba, Iran, North Korea, Syria, and other countries, as well as transactions with “Specially Designated Nationals.”
- Provide guidance to clients in regard to the DCSA with respect to mitigation of FOCI under the applicable national industrial security regulations. Facilitate defense industry acquisitions and advise companies regarding a multitude of FOCI mitigation and DCSA compliance matters.
- Regularly conduct internal and regulatory investigations related to companies’ export control and anti-corruption programs, including ITAR, EAR, OFAC and FLPA.
- Assist clients with making voluntary self-disclosures regarding export controls and economic sanction regulations.