Practice Areas

Export Controls & Economic Sanctions

GKG Law’s Export Controls and Economic Sanctions practice group represents clients in the U.S. and abroad before the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), Office of Antiboycott Compliance (OAC), and U.S. Census Bureau (Census), the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), the U.S. Department of Homeland Security’s Customs and Border Protection (CBP), and the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC).  Our attorneys advise clients on issues related to export and sanctions compliance, licensing, and enforcement.

Compliance

Our attorneys advise clients on regulatory compliance matters involving counterparties, specific transactions, reporting, record-keeping, licensing, as well as developing and maintaining export and sanctions compliance programs.  In addition to drafting sanctions compliance programs, our team also performs audits and testing of clients compliance programs.

Licensing

Our attorneys have filed for and advised clients on BIS export licenses, OFAC specific licenses, DDTC licenses, as well as the applicability of exemptions, license exceptions, license exemptions, and general licenses.  This includes drafting, submitting, amending, and renewing licenses with U.S. agencies.

Internal Investigations

The Export Controls and Economic Sanctions practice group has acted as outside counsel to conduct, oversee, and review internal investigations for our clients.  This can include reviewing transactional documentation, compliance programs, conducting interviews with knowledgeable personnel, coordinating with clients’ management and boards, and reporting on our findings and recommendations.  Our team is ready to move quickly to identify and advise on export and sanctions issues that require care and analysis.

Enforcement

Our team has represented clients before the U.S. Departments of the Treasury, Commerce, State, Justice, and Homeland Security, as well as before the U.S. Attorney’s Office with regard to export and sanctions enforcement matters.  We are ready to assist clients with issues related to potential voluntary self disclosures, charging letters, subpoenas, and government investigations.

Contracts and Agreements

Importantly, apart from compliance programs and internal controls, it is critical for companies to ensure that their contracts with agents, vendors, customers, suppliers, and other service providers include appropriate provisions to clarify compliance responsibilities.  Agreements should also allow companies to wind down or terminate contracts in the event of new government actions or regulatory noncompliance.  Our attorneys have drafted, revised, and negotiated contracts related to regulatory compliance matters.

Regulatory Guidance for Mergers and Acquisitions

Our team has also served as regulatory counsel for buyers and sellers in mergers and acquisitions deals to advise clients and corporate counsel on issues related to regulatory licensing, permits, and compliance.  This has included preparing questionnaires for counterparties, reviewing transactional and compliance programming documentation, and advising on regulatory compliance provisions in deal agreements.  We work closely with corporate counsel to ensure that the clients receive clear and actionable guidance.

We have worked with businesses, individuals, and non-profit organizations in the U.S. and abroad in a range of industries.  If you have any questions or would like to schedule a consultation, please contact Oliver M. Krischik at okrischik@gkglaw.com or 202-342-5266.