Sanctions and Export Controls

Our multidisciplinary team offers responsive, full-service sanctions and export controls advice to cover any contingency our clients may face.

Key Contacts

Leaders in Law: The State of International Trade with Neena Shenai

Podcast

WilmerHale Enhances its Market-Leading Position as the Go-To Firm for Sanctions and Export Controls

Firm News

Experience

  • Advisory & Compliance

    • Advised a number of industrial multinationals with remaining operations in Russia on how to navigate successive sanction packages in the US, EU and UK as they apply to their relations with local subsidiaries and assist them in obtaining necessary licenses and authorizations.
    • Advised life sciences multinational clients on navigating complex, multijurisdictional sanctions and export control rules on humanitarian trade in Russia, China, and other global markets.
    • Advised numerous clients in various industries (IT, media, manufacturing, and energy) about compliance with US and EU sanctions and export control restrictions applicable to winding down operations in Russia after February 2022. This work included assisting in developing internal compliance plans to implement the wind-downs, engaging with OFAC to deal with Russian countermeasures, and protecting local employees and IP rights against retaliation.
    • Advised one of the world’s largest central securities depositories on compliance with applicable US sanctions requirements and engagement with OFAC to obtain needed guidance and authorizations for complex financial services involving holdings of blocked assets and dealings with Directive 4 entities. In addition, we assisted the client with developing defenses under US sanctions law against litigation claims based on Russian court orders and countermeasures.
    • Provided comprehensive trade compliance advice (ITAR, EAR, OFAC and FTR) to a US-based global manufacturer of motion control products, including assistance with developing and enhancing internal compliance policies, providing compliance training to responsible personnel, conducting risk assessments and compliance reviews, and making voluntary self-disclosures to relevant regulatory authorities when possible compliance issues arose. Our work also includes diligence and compliance advice relating to M&A transactions.
    • Advised one of the world’s largest social media companies on its compliance obligations under international sanctions laws. We addressed compliance risks posed by platform monetization features that were vulnerable to abuse. We also advised on regulatory expectations regarding sanctions due diligence and helped develop an effective sanctions compliance program. This work posed novel challenges regarding how to implement sanctions compliance controls on a platform operating at significant scale and exemplifies the firm’s strong cross-border sanctions expertise.
    • Advised a digital communications and technology multinational on US, EU and UK trade compliance and sanctions measures on various matters, including assistance with licensing, advice on applicable compliance requirements for different types of transactions, and risk assessments. After the client decided to terminate operations in Russia, we advised on how to divest its Russian business in an orderly and sanctions-compliant manner, including how to minimize the risk of retaliation against employees and assets that remained there.
    • Advised clients involved at various levels (wholesale, retail and global laboratories) of the international diamond trade about compliance with Kimberley Process requirements and with US and EU import bans on Russian diamonds and jewelry.
    • Represented a global manufacturer of video and monitor display products in BIS licensing matters applicable to reexports of US software used in offshore design and production activities and in its global supply chain.  This work included a review of the client's internal compliance procedures applicable to US export controls and analysis of how recent BIS foreign direct product rules impacted applicable licensing requirements.
    • Conducted an ITAR internal investigation for a defense contractor with regard to international transactions involving sensitive defense technology.
    • Advised a defense sector advanced technology business on application of the “defense services” rules with regard to cybersecurity activities.
    • Conducted diligence for a cross-jurisdiction M&A transaction with regard to economic sanctions and export control risk screening and provided advice on the applicable restrictions of legacy clients.
    • Conducted diligence for an M&A transaction involving application of the ITAR and EAR on an advanced materials company and provided day-to-day follow-on advice on export control requirements post-close.
    • Conducted a sensitive ITAR internal investigation for an advanced technology company.
    • Conducted an ITAR internal investigation for an advanced aeronautics company.
    • Advised various clients on China’s anti-sanctions and blocking statutes, as well as informal sanctions.
    • Advised a university about compliance with US antiboycott laws, including with respect to campus activities in support of BDS initiatives.
  • Enforcement

    • Represented Fokker Services in a BIS, OFAC and DOJ sanctions violation investigation and prosecution resulting in the successful negotiation of a global resolution including a Deferred Prosecution Agreement with DOJ.
    • Represented US fund managers in DOJ and OFAC sanctions violation investigations.
    • Represented a US investment management firm in OFAC, DOJ and SEC investigations concerning possible enforcement actions against international transfers of funds, financial services, and investment activity alleged to involve the property interests of a prominent Russian oligarch designated as a blocked person.
    • Conducted an extensive internal investigation on behalf of a holding company concerning assets and the operation of a trust to confirm that no such assets or trust were the property interest of a Russian party sanctioned under US and EU law.  We also prepared a memorandum setting forth our investigation findings and assisted the client in engagement with financial institutions and investment funds to demonstrate that there was no reason under applicable US or EU sanctions laws to suspend or restrict dealings involving such assets and the trust.
    • Represented a global aerospace firm in an enforcement action led by the State Department Directorate of Defense Trade Controls.

Insights & News

Notice

Unless you are an existing client, before communicating with WilmerHale by e-mail (or otherwise), please read the Disclaimer referenced by this link.(The Disclaimer is also accessible from the opening of this website). As noted therein, until you have received from us a written statement that we represent you in a particular manner (an "engagement letter") you should not send to us any confidential information about any such matter. After we have undertaken representation of you concerning a matter, you will be our client, and we may thereafter exchange confidential information freely.

Thank you for your interest in WilmerHale.