This briefing provides guidance regarding U.S. economic and trade sanctions administered by the Office of Foreign Assets Control ("OFAC") within the United States Department of the Treasury, with particular emphasis on recent developments and emerging issues that affect in-house counsel, compliance personnel, directors and senior executives. Our presenters cover practical approaches for avoiding potential pitfalls and developing strong compliance programs.
Topics to be discussed include:
- Overview of U.S. economic and trade sanctions
- How do U.S. sanctions affect U.S. companies?
- What are the major recent changes in U.S. sanctions?
- What are the implications of recent changes in U.S. sanctions against Cuba? What is the status of U.S. sanctions against Syria, North Korea, and the Palestinian Territories?
Has anything changed with regard to Iran, Sudan, or Burma?
- What has happened in recent U.S. sanctions enforcement and where may the U.S. government be going in the future?
- What risk do U.S. companies face regarding the business of their foreign parents
or subsidiaries?
- What should a company’s sanctions compliance program include?
Who should view this program:
In-house counsel, compliance officers, directors, senior executives, finance and audit staff, marketing executives and business development managers responsible for overseas business.
Our Panelists:
Daniel J. Plaine — Co-Chair of Gibson Dunn's International Trade Regulation and Compliance Practice. Mr. Plaine has extensive experience in international law, including trade disputes, antidumping and countervailing duty investigations and litigation, and matters involving U.S. Export and ITAR Controls, U.S. foreign sanctions (OFAC sanctions), U.S. antiboycott regulation, the Foreign Corrupt Practices Act, and foreign investment in the United States (CFIUS). He represents clients in foreign sovereign claims litigation and in antitrust issues. He advises both domestic and overseas clients in establishing transnational mergers, acquisitions and joint ventures. Before joining Gibson, Dunn & Crutcher, Mr. Plaine practiced from 1970 to 1995 with Steptoe & Johnson in Washington, D.C. He was Chair of the ABA Business Law Section's Committee on International Business Law and continues as Chair of its International Trade Subcommittee. He is a member of the American Society of International Law and the Washington Institute of Foreign Affairs. Mr. Plaine is listed by Washingtonian Magazine (December, 2009) as one of Washington's Top International Lawyers.
Judith A. Lee — Co-Chair of Gibson Dunn's International Trade Regulation and Compliance Practice. Ms. Lee practices in the areas of international trade regulation, including USA Patriot Act compliance, Foreign Corrupt Practices Act, economic sanctions and embargoes, export controls, customs, international privacy issues, international intellectual property issues and international labor issues. Ms. Lee was selected by Chambers and Partners as a Leading International Trade Lawyer in 2007, 2008 and 2009 in its Chambers USA: America's Leading Lawyers for Business Guide and is listed in the Best Lawyers in America guide for 2006 - 2009. She is included in Euromoney's 2007 and 2008 "Guide to the World's Leading International Trade Lawyers," U.S. Section. Ms. Lee is the past Co-Chair of the American Bar Association Committee on Export Controls and Embargoes, and was a past chair of the American Bar Association Customs Law Committee. She was appointed by the Chief Judge of the Court of International Trade to that court's Rules Advisory Committee and Jurisdiction Committee. She is also a past member of the Board of Directors of the Customs and International Trade Bar Association.
James D. Slear — Of Counsel in Gibson Dunn's International Trade Regulation and Compliance, White Collar Defense and Investigations and Litigation Practices. Mr. Slear regularly advises clients in aerospace, defense, semiconductor, automotive, financial services, telecommunications, Internet and other industries in all facets of the economic and trade sanctions administered by the U.S. Department of Treasury’s Office of Foreign Assets Control ("OFAC") as well as the International Traffic in Arms Regulations ("ITAR"), Export Administration Regulations ("EAR"), and the regulations administered by the Committee on Foreign Investment in the United States ("CFIUS"), the Foreign Corrupt Practices Act ("FCPA"), and U.S. antiboycott laws. Conducts internal investigations for clients in various subject matters, relying on 25 years of investigative experience to ensure thorough yet properly scoped internal reviews in connection with internal audits, and directed and voluntary disclosures to government agencies. Participated in or led investigations in numerous countries in Europe, South America, the Middle East, and Asia. regarding the International Traffic in Arms Regulations, Export Administration Regulations, and U.S. sanctions laws and regulations administered by the Office of Foreign Assets Control ("OFAC"), the Foreign Corrupt Practices Act ("FCPA"), and other areas of the laws. Prior to joining Gibson Dunn, Mr. Slear was a Judge Advocate for the Department of the Air Force. During his military career, Mr. Slear became an accomplished trial lawyer, serving as the Air Force's Chief Trial Counsel in Asia and as a Federal Court Trial Attorney for the Air Force's Commercial Litigation Division.
Andrea F. Farr — Staff Attorney in Gibson Dunn's International Trade Regulation and Compliance Practice. Ms. Farr counsels clients regarding OFAC administered sanctions laws and regulations, the Export Administration Regulations as well as the FCPA. She assists clients in the development of export control compliance programs and in obtaining and complying with export licenses. In addition, Ms. Farr represents clients in trade-related administrative and appellate proceedings
Receive Continuing Legal Education Credit:
This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.5 credit hours, of which 1.5 credit hours may be applied toward the areas of professional practice requirement. This course is NOT approved for transitional credit.
Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact Jeanine McKeown at 213-229-7140 or jmckeown@gibsondunn.com to request the CLE form.
Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.5 hours.
California attorneys may claim "self-study" credit for viewing the archived version of this webcast. No certificate of attendance is required for "self-study" credit.
For other questions regarding this webcast presentation, please contact Natasha Hill at nhill@gibsondunn.com.