Baker McKenzie

US Government Issues 90-Day Temporary General License Authorizing Certain Transactions with Huawei and its Affiliates

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Effective May 20, 2019, the US Commerce Department’s Bureau of Industry and Security (“BIS”) issued a final rule creating a 90-day Temporary General License (“TGL”) authorizing certain transactions involving the export, reexport, and transfer of items subject to the Export Administration Regulations (“EAR”) to Chinese-headquartered Huawei Technologies Co. Ltd. (“Huawei”) and its sixty-eight non-US affiliates, which were added to the BIS Entity List effective May 16, 2019 (the “Entity List designation”). The TGL will be effective through August 19, 2019.  Please see our prior blog post here for more information on the Entity List designation.Read more…

Nicholas F. Coward
Mr. Coward focuses on outbound trade compliance matters, including the extraterritorial application of US law, particularly US export control laws, anti-boycott regulations and trade sanctions/embargoes maintained by the US government against various countries. In addition, his practice covers issues of corporate conduct such as the application of the Foreign Corrupt Practices Act and foreign bribery laws. He provides international transactional advice; assistance in the design and implementation of corporate compliance programs, compliance audits, and internal investigations; and representation in enforcement proceedings.
http://www.bakermckenzie.com/NickCoward
Janet K. Kim
Ms. Kim focuses on outbound trade compliance issues that arise under US economic sanctions, export control laws, investment restrictions, anti-boycott regulations, anti-money laundering laws and the Foreign Corrupt Practices Act. She represents and advises US and non-US companies in criminal and regulatory proceedings, internal investigations, and compliance audits relating to these areas of law. She also advises on the extraterritorial application of these laws in cross-border transactions, including mergers and acquisitions, joint venture arrangements, and other international commercial activities. Her practice includes the development and implementation of workable, risk-based internal compliance programs and procedures for companies in a wide range of industries.
http://www.bakermckenzie.com/JanetKim
Inessa Owens
Inessa Owens is an associate in the Washington, D.C. office and member of the Firm’s International Trade practice group. She focuses on outbound trade compliance issues, including compliance with the Export Administration Regulations, anti-boycott rules, and economic sanctions administered by the US Treasury Department’s Office of Foreign Assets Control, including those targeting Cuba, Iran, North Korea, Syria, and Russia. She has worked with clients in diverse industries that include finance, pharmaceuticals, and energy.
http://www.bakermckenzie.com/en/people/o/owens-inessa
Callie Lefevre
Callie C. Lefevre is an associate in the Washington, DC office where she is a member of the International Practice Group. Her practice is focused on all aspects of International Trade law, particularly compliance with US export controls, trade and economic sanctions, and US foreign investment restrictions. *Admitted in New York only. Practice limited to matters and proceedings before US courts and federal agencies.
https://www.bakermckenzie.com/en/people/l/lefevre-callie-c

OFAC Publishes “A Framework for Compliance Commitments”

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On May 2, 2019, the US Office of Foreign Assets Control (“OFAC”) published A Framework for OFAC Compliance Commitments (the “Framework”).  This long-awaited document sets out OFAC’s expectations for effective sanctions compliance programs (“SCPs”).  While the broad elements of the Framework should be familiar to seasoned compliance practitioners, the details highlight the specific significance that OFAC attaches to SCPs in resolving enforcement actions.  Indeed, we are already seeing OFAC settlements conditioned on compliance enhancements reflected in the Framework.Read more…

Alison J. Stafford Powell
Ms Stafford Powell advises on all aspects of outbound trade compliance, including compliance planning, risk assessments, licensing, regulatory interpretations, voluntary disclosures, enforcement actions, internal investigations and audits, mergers and acquisitions and other cross-border activities. She develops compliance training, codes of conduct, compliance procedures and policies. She has particular experience in the financial services, technology/IT services, travel/hospitality, telecommunications, and manufacturing sectors.
http://www.bakermckenzie.com/AlisonStaffordPowell
Kerry B. Contini
Ms. Contini focuses her practice on export controls, trade sanctions, and anti-boycott laws. This includes advising US and multinational companies on trade compliance programs, risk assessments, licensing, review of proposed transactions and enforcement matters. Ms. Contini works regularly with companies across a wide range of industries, including the pharmaceutical/medical device, oil and gas, and nuclear sectors.
http://www.bakermckenzie.com/KerryContini
Geoff Martin
Mr. Martin advises clients on corporate ethics and compliance issues including, anti-bribery and corruption, fraud, financial crime, anti-money laundering, and trade sanctions in connection with federal investigations. Mr. Martin has extensive experience managing multinational fraud, corruption and sanctions investigations for client facing federal enforcement or regulation in the US. This includes experience conducting investigations in the UK, Europe, Africa, the Middle East, Asia and North and South America. He has advised clients before federal enforcement authorities, regulators, and prosecutors in the US, the UK and elsewhere. He writes extensively about compliance and investigations issues, best practices and developments in English and US law. Mr. Martin's practice also includes commercial disputes, and federal litigation including contract disputes with suppliers, subcontractors, and government departments.
Inessa Owens
Inessa Owens is an associate in the Washington, D.C. office and member of the Firm’s International Trade practice group. She focuses on outbound trade compliance issues, including compliance with the Export Administration Regulations, anti-boycott rules, and economic sanctions administered by the US Treasury Department’s Office of Foreign Assets Control, including those targeting Cuba, Iran, North Korea, Syria, and Russia. She has worked with clients in diverse industries that include finance, pharmaceuticals, and energy.
http://www.bakermckenzie.com/en/people/o/owens-inessa
Andrea Tovar
Andrea practices international commercial law with a focus on cross-border transactions including post-acquisition integration IP migrations and technology licensing. She also advises companies on export controls, sanctions, customs and international corporate compliance. Andrea also has an active pro bono practice, including helping organizations with international constitutional matters and victims of domestic abuse.
https://www.bakermckenzie.com/en/people/t/tovar-andrea

Trump Administration Plans to Designate Iran’s Islamic Revolutionary Guard Corps as a Foreign Terrorist Organization

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On April 8, 2019, the Trump administration escalated pressure on Iran by announcing its plan to designate the Islamic Revolutionary Guard Corps (“IRGC”) as a Foreign Terrorist Organization (“FTO”) under Section 219 of the Immigration and Nationality Act. The designation marks the first time the United States has branded a foreign government military entity a terrorist group. In retaliation, Iran designated US forces in the Middle East as a terrorist group.  Read more…

Andrea Tovar
Andrea practices international commercial law with a focus on cross-border transactions including post-acquisition integration IP migrations and technology licensing. She also advises companies on export controls, sanctions, customs and international corporate compliance. Andrea also has an active pro bono practice, including helping organizations with international constitutional matters and victims of domestic abuse.
https://www.bakermckenzie.com/en/people/t/tovar-andrea
Inessa Owens
Inessa Owens is an associate in the Washington, D.C. office and member of the Firm’s International Trade practice group. She focuses on outbound trade compliance issues, including compliance with the Export Administration Regulations, anti-boycott rules, and economic sanctions administered by the US Treasury Department’s Office of Foreign Assets Control, including those targeting Cuba, Iran, North Korea, Syria, and Russia. She has worked with clients in diverse industries that include finance, pharmaceuticals, and energy.
http://www.bakermckenzie.com/en/people/o/owens-inessa
Paul E. Amberg
Paul Amberg is a partner in Baker McKenzie’s Amsterdam office, where he handles international trade and compliance issues. He advises multinational companies on export controls, trade sanctions, antiboycott rules, customs laws, anticorruption laws, and commercial law matters. Paul helps clients assess and address compliance risks presented by export controls, trade sanctions, antiboycott rules, customs laws, and anticorruption laws. His practice especially focuses on internal reviews, voluntary disclosure filings, and enforcement actions brought by, the US Government in relation to the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), trade and economic sanctions programs, and US customs laws.
http://www.bakermckenzie.com/PaulAmberg

US Government to Allow Private Actions under Helms-Burton Act Against Entities on Cuba Restricted List

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On March 4, 2019, Secretary of State Pompeo announced that beginning on March 19, the suspension of the right to bring private actions in US federal court against Cuban entities handling confiscated property under Title III of the 1996 Cuban Liberty and Democratic Solidarity (LIBERTAD) Act (known as the “Helms-Burton Act”) will not apply to Cuban entities or sub-entities identified on the State Department’s List of Restricted Entities and Sub-entities Associated with Cuba (the “Cuba Restricted List,” available here). The right to sue all other Cuban entities and foreign entities under Title III has been further suspended, but only for a 45 day period through April 17, 2019.Read more…

Alison J. Stafford Powell
Ms Stafford Powell advises on all aspects of outbound trade compliance, including compliance planning, risk assessments, licensing, regulatory interpretations, voluntary disclosures, enforcement actions, internal investigations and audits, mergers and acquisitions and other cross-border activities. She develops compliance training, codes of conduct, compliance procedures and policies. She has particular experience in the financial services, technology/IT services, travel/hospitality, telecommunications, and manufacturing sectors.
http://www.bakermckenzie.com/AlisonStaffordPowell
Inessa Owens
Inessa Owens is an associate in the Washington, D.C. office and member of the Firm’s International Trade practice group. She focuses on outbound trade compliance issues, including compliance with the Export Administration Regulations, anti-boycott rules, and economic sanctions administered by the US Treasury Department’s Office of Foreign Assets Control, including those targeting Cuba, Iran, North Korea, Syria, and Russia. She has worked with clients in diverse industries that include finance, pharmaceuticals, and energy.
http://www.bakermckenzie.com/en/people/o/owens-inessa
Callie Lefevre
Callie C. Lefevre is an associate in the Washington, DC office where she is a member of the International Practice Group. Her practice is focused on all aspects of International Trade law, particularly compliance with US export controls, trade and economic sanctions, and US foreign investment restrictions. *Admitted in New York only. Practice limited to matters and proceedings before US courts and federal agencies.
https://www.bakermckenzie.com/en/people/l/lefevre-callie-c


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