International Trade

Our sanctions attorneys advise on compliance with U.S., UK, and EU sanctions regulations that are applicable to embargoed nations, terrorist organizations, drug traffickers, and Specially Designated Nationals (SDNs) with which business transactions are prohibited. In the U.S., these sanctions are administered and enforced by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury (Treasury) and the U.S. Department of State (State). We monitor evolving sanctions regulations and related guidance, and counsel clients through all aspects of doing business in the context of these restrictions.

We are deeply experienced in assisting clients in a variety of issues, whether the client is a globally operating manufacturer with a robust and sophisticated sanctions program that seeks assistance in conducting an internal investigation and drafting a disclosure to OFAC, a financial institution that seeks urgent counseling with respect to a live transaction, or a company looking to implement its first sanctions policy or training for employees.

Our export controls attorneys assist in the regulatory, legislative, investigative, and licensure aspects of clients’ export compliance for the export of military, nuclear, and dual-use goods and commercial items. Primarily, these regimes include the State’s International Traffic in Arms Regulations (ITAR) administered by the Directorate of Defense Trade Controls (DDTC), export controls maintained by the U.S. Department of Energy (DOE) and the Nuclear Regulatory Commission (NRC), and the U.S. Department of Commerce Export Administration Regulations (EAR) administered by the Bureau of Industry and Security (BIS). Our clients range from manufacturers, software services and development companies, machine shops, government contractors, and brokers to large multinational and non-U.S. producers of items that may become subject to U.S. export-control regulations. We are also often called on to advise companies on the Foreign Military Sales (FMS) process, the FMS Third Party Transfer (TPT) process, the Foreign Trade Regulations (FTR), and the BIS and Internal Revenue Service (IRS) Antiboycott Regulations.

Winston’s financial crimes compliance attorneys provide anti-money laundering and countering-the-financing-of-terrorism (AML/CFT) regulatory compliance counseling, training, and enforcement-related services to clients of all sizes and sophistication. We have deep experience with the Bank Secrecy Act (BSA) in the U.S., EU AML regulations, and with the recommendations made by the Financial Actions Task Force (FATF). We conduct AML compliance reviews and risk assessments and draft related risk-based policies and procedures; perform due diligence in corporate and investment transactions; advise on regulations and requirements, including know your customer (KYC), customer identification program (CIP), customer due diligence (CDD), and suspicious activity reporting (SAR); assist in triaging ransomware-related incidents; conduct internal investigations; respond to government subpoenas; and defend targets and subjects of government investigations. We also advise on regulatory requirements for money-services businesses, including money transmitters and the payment processor exemption.

Our ABAC attorneys advise companies on compliance and enforcement matters arising under the Foreign Corrupt Practices Act (FCPA), UK Bribery Act, and other ABAC laws around the globe, including laws implementing the OECD Anti-Bribery Convention, the U.N. Convention Against Corruption, and other international conventions. Our team is comprised of international transactional and litigation attorneys who focus on assisting U.S. companies in doing business overseas. This group includes regulatory attorneys and litigators experienced in leading investigations, assessing and developing compliance programs, and representing multinational organizations in government- enforcement matters, including matters adverse to the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the IRS, and other investigatory agencies. 

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Our customs attorneys have extensive experience in analyzing customs issues, surveying and auditing import operations, establishing practical compliance programs, and developing programs to mitigate or eliminate customs duties. We regularly assist clients with determining the proper data elements to declare to U.S. Customs and Border Protection (CBP), including with respect to tariff classification, customs value, and country of origin; implementing duty-savings strategy programs in order to mitigate or eliminate customs duties; obtaining granted exclusion requests where available, or identifying alternative manufacturing scenarios to eliminate Section 301 tariffs; responding to CBP requests for information, seizure and detention notices, audits, forced labor questionnaires, investigations, and other communications; submitting prior disclosures related to identified import errors in an effort to prevent the imposition by CBP of fines and penalties; and conducting internal audits and developing compliance programs, including processes, import manuals, and trainings.

Our foreign-investment regulatory attorneys ensure that planned transactions comply with specific foreign-investment restrictions and, when necessary, obtain required approvals. We have a dedicated team that focuses its work on the existing and evolving foreign investment review regimes in key jurisdictions, including the U.S., UK, and EU.

United States – CFIUS: When a U.S. business is acquired by a foreign entity, CFIUS has jurisdiction to review the transaction for national security implications. Our attorneys have extensive experience conducting due diligence for mergers and acquisitions related to CFIUS jurisdiction, advising clients on whether the structure of their transaction requires a mandatory CFIUS filing, and advising on alternative structures that may not face the same requirements. Further, we assess whether a voluntary notice of the transaction is advisable and regularly assist clients through the CFIUS-review process.

International – Non-U.S. Foreign Investment & National Security Regulations: Over the past five years, significant global jurisdictions outside of the U.S. have rolled out foreign-investment regulations. Our UK and France-based trade attorneys monitor and provide guidance to clients on the foreign-investment restrictions and regulations in their respective jurisdictions. These regulations include the UK’s National Security and Investment Act 2021 (NSI Act), the EU’s FDI Regulation, and the French Ministry of the Economy’s General Treasury Department FDI Rules.

In recent years, regulatory bodies have taken significant enforcement actions against companies that fail to comply with complex International trade rules and regulations in their transactions. Many of these actions could have been mitigated or avoided entirely by proper pre-merger due diligence and post-merger integration. We regularly conduct trade due diligence leading up to a deal closing and provide trade compliance counseling throughout the post-merger integration process.

In April 2019, the Trump administration announced—for the first time since its enactment—the activation of Title III of the Helms-Burton Act, which authorizes a private cause of action for any U.S. citizen whose land was nationalized or confiscated by the Cuban government (as of 1959) to sue in U.S. courts any person or entity who “traffics” or economically benefits from their previously held property. The Act, which is formally named the Cuban Liberty and Democratic Solidarity Act, continues and strengthens the U.S. embargo against Cuba. We have extensive experience counseling clients on their exposure to Helms-Burton litigation and defending clients if litigation does occur.