Baker McKenzie

OFAC Sanctions Gupta Family in South Africa for Their Involvement in Corruption

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On October 10, 2019, the US Treasury Department’s Office of Foreign Assets Control (“OFAC”) designated Ajay Gupta, Atul Gupta, Rajesh Gupta, and Salim Essa of South Africa (“the Guptas”) as Specially Designated Nationals (“SDNs”). The Guptas and their business associate, Essa, were designated in connection with their involvement in corruption under Executive Order 13818 (“EO 13818”), which implements and expands upon the sanctions authorities set out in the Global Magnitsky Human Rights Accountability Act. The designation of the Guptas and Essa as SDNs represents one of the most high-profile applications of the corruption-related sanctions provision of EO 13818 to date.

OFAC stated that the Guptas and Essa were members of a significant corruption network that leveraged overpayments on government contracts, bribery, and other corrupt acts to influence actions taken by the government of South Africa, in particular by facilitating their capture of government contracts and misappropriation of state assets. As a result of their designation as SDNs, all four individuals’ property and the property of any entities that are owned 50 percent or more by them, which are in the United States or in the possession or control of a US person, are now blocked.Read more…

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
Darryl Bernstein
Darryl Bernstein is a partner and head of Baker McKenzie's Dispute Resolution Practice Group in Johannesburg, where he advises on the resolution of complex commercial disputes, regulatory compliance and investigations as well as contentious and non-contentious communications, media, privacy and technology matters.
https://www.bakermckenzie.com/en/people/b/bernstein-darryl
Lise S. Test
Ms. Test advices clients on issues relating to licensing, regulatory interpretations, enforcement actions, internal investigations and compliance audits, as well as the design, implementation and administration of compliance programs. She also advises clients on the extra-territorial application of trade compliance-related regulations in cross-border transactions.
http://www.bakermckenzie.com/LiseTest
Daniel Andreeff
Daniel Andreeff’s practice focuses on US economic and trade sanctions, including those targeting Iran, Russia, Cuba, Syria, and North Korea, export controls, and anti-boycott laws. He represents clients in national security reviews before the Committee on Foreign Investment in the United States (CFIUS), and has experience in federal court litigation and congressional investigations. His pro bono practice includes providing sanctions and export control advice to a global humanitarian NGO.
https://www.bakermckenzie.com/en/people/a/andreeff-daniel

State Department Issues Draft Guidance for the Export of Items with Surveillance Capacities

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On September 4, 2019, the US Department of State published draft Guidance for the Export of Hardware, Software and Technology with Surveillance Capabilities and/or parts/know-how (the “Guidance”) to provide insight to exporters of items with surveillance capacities on human rights concerns to consider prior to export of such items. The State Department is soliciting feedback on the Guidance until October 4, 2019 for its consideration for the final version of the Guidance to be published at a later date (yet to be specified).Read more…

Iris Zhang
Lise S. Test
Ms. Test advices clients on issues relating to licensing, regulatory interpretations, enforcement actions, internal investigations and compliance audits, as well as the design, implementation and administration of compliance programs. She also advises clients on the extra-territorial application of trade compliance-related regulations in cross-border transactions.
http://www.bakermckenzie.com/LiseTest
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

OFAC Issues New General License Authorizing Transactions with Certain Government of Venezuela Individuals

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On September 9, 2019, the US Treasury Department’s Office of Foreign Assets Control (“OFAC”) issued a new Venezuela-related general license (General License 34) to authorize transactions involving certain Government of Venezuela-related individuals that would otherwise be prohibited by Executive Order (“EO”) 13884.

Read more…

Maria Sergeyeva
Maria helps clients keep up with trade regulations, sanctions matters and foreign investment requirements that apply to their their cross-border transactions and investments. Maria has experience advising on the international trade sanctions, export and import controls, and foreign investment reviews by the Committee on Foreign Investment in the United States.
Lise S. Test
Ms. Test advices clients on issues relating to licensing, regulatory interpretations, enforcement actions, internal investigations and compliance audits, as well as the design, implementation and administration of compliance programs. She also advises clients on the extra-territorial application of trade compliance-related regulations in cross-border transactions.
http://www.bakermckenzie.com/LiseTest
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

US State Department Implements Second Round of CBW Sanctions

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In a notification published in the Federal Register on August 26, 2019, the State Department provided additional information on restrictions on exports to Russia that were initially described by Secretary of State Mike Pompeo on August 2, 2019 when he announced the second round of targeted sanctions on Russia under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (the “CBW Act”).  Our blog post on the August 2, 2019 announcement (“Announcement”), which described sanctions measures concerning multilateral bank assistance and lending to or participation in debt offerings by the Russian sovereign, in addition to restrictions on exports to Russia described in further detail below, is available here.Read more…

Meghan Hamilton
Meg's practice involves assisting multinational companies with export compliance related matters, specifically trade sanctions and export control classifications. Additionally, she assists companies with respect to customs laws, anti-boycott laws and other trade regulation issues in the US and abroad. She also helps obtain authorizations from the US government for activities subject to sanctions regulations and US export control regulations, including the Export Administration Regulations and the International Traffic in Arms Regulations. Meg's practice extends to assistance in internal compliance reviews as well as enforcement actions and disclosures necessitated by US government action.
http://www.bakermckenzie.com/en/people/h/hamilton-meghan
Lise S. Test
Ms. Test advices clients on issues relating to licensing, regulatory interpretations, enforcement actions, internal investigations and compliance audits, as well as the design, implementation and administration of compliance programs. She also advises clients on the extra-territorial application of trade compliance-related regulations in cross-border transactions.
http://www.bakermckenzie.com/LiseTest
Terence Gilroy
Terry Gilroy is a partner in the New York office of Baker McKenzie and a member of the Compliance and Investigations Practice Group. Prior to joining the Firm in 2018, Terry served as Americas Head of the Financial Crime Legal function at Barclays. Terry advises businesses and individuals on white collar and financial crime issues and has significant experience conducting investigations relating to compliance with the US Foreign Corrupt Practices Act (FCPA) and related bribery and corruption statutes, economic sanctions regulations as administered by the US Department of the Treasury's Office of Foreign Assets Control (OFAC), and the Bank Secrecy Act and related anti-money laundering (AML) regulations and statutes. Terry spent six years on active duty in the United States Army as a Field Artillery officer.
https://www.bakermckenzie.com/en/people/g/gilroy-terence


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