Covington has broad expertise handling advisory and enforcement matters involving US and other international trade controls, including export controls, economic sanctions, and antiboycott laws and regulations. Our unique depth in the substantive legal constraints in this area is matched by our considerable policy experience with the key regulatory agencies. We count among our ranks a number of former government officials with significant experience in US trade control policy, including Stuart Eizenstat (former Deputy Treasury Secretary, among other roles), Alan Larson (former Undersecretary of State for Economics, among other roles) , and Peter Lichtenbaum (former Assistant Secretary of Commerce for Export Administration, among other roles).
We counsel clients on the scope and applicability of the full range of international trade control measures in the US and Europe, and we work closely with Covington’s anti-corruption group in client engagements around the world. With our office in Beijing, we are exceptionally well-positioned to advise clients on navigating the intricacies of US trade control laws as they apply in China and on understanding Chinese export-import restrictions.
Covington’s International Trade group earned Chambers’ highest ranking in 2011, and the firm has long maintained a leading practice in the area of international trade controls. These measures include export controls that limit transfer of sensitive products, software, and technology; embargoes and other economic sanctions to combat terrorism and further foreign policy objectives; and antiboycott requirements. We regularly advise leading companies in virtually all sectors of the global economy on these issues, including entities in the oil and gas industry, software and high-technology concerns, pharmaceutical and biotechnology companies, defense contractors, aerospace clients, manufacturers, financial institutions, and university-affiliated laboratories.
Our work includes on-going advice to clients on the frequent changes in the scope of trade control programs; advice and assistance on interpretive matters; obtaining licenses, export classification rulings, and other authorizations; advocating changes in regulatory programs and legislation; and defending clients in administrative and criminal enforcement cases. We assist clients in the development and implementation of internal compliance programs, the conduct of internal investigations, and the design of remedial measures (including in-house training programs).
Representative Matters
- Representing a major industrial company in criminal and civil enforcement investigations by the Bureau of Industry and Security (BIS) and Office of Foreign Assets Control (OFAC) involving US economic sanctions and trade restrictions against Iran.
- Assisting leading life sciences companies in the design and implementation of global trade compliance programs, including selection and implementation of restricted parties screening solutions.
- Advising a multinational oil and gas company on the impact of Middle East trade sanctions programs on technology licensing arrangements and the broader operation of affiliates and joint ventures incorporated outside the United States.
- Advising companies regarding new U.S. and EU sanctions on the Qaddafi regime in Libya and the Assad regime in Syria, including obtaining licenses to permit certain ongoing business activities in Libya.
- Helping companies understand US retaliatory sanctions directed at Iran (through the Iran Sanctions Act as recently amended by the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, or CISADA) and counterpart EU measures.
- Representing US defense and aerospace companies in enforcement investigations and related export licensing initiatives before the State Department’s Directorate of Defense Trade Controls (DDTC).
- Advising a major multinational aerospace company regarding the application of European export controls to its operations at multiple sites across 10 countries.
- Counseling companies across sectors on the implications of amendments to the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) and advising with respect to EAR/ITAR reform initiatives.
Accolades
- Multiple individual lawyer listings in Chambers USA as “top tier” advisors on Export Controls and Economic Sanctions.
- Covington’s International Trade group received Chambers’ highest recognition, the USA Excellence Award 2011.
- Our senior lawyers are frequent speakers at leading trade compliance conferences and programs.
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