Ukraine Conflict, International Trade, Export, Import and Investments Controls & National Security

Lewis Brisbois’ Ukraine Conflict, International Trade, Export, Import and Investment Controls & National Security Practice serves clients that conduct business around the globe. Our team assists companies with an array of complex legal issues that arise from operations in various international jurisdictions.

The attorneys who comprise our practice have extensive experience in export controls, sanctions, trade restrictions, insurance, banking and finance, mergers and acquisitions, intellectual property, dispute resolution, seizures and forfeitures, corporate finance and securities, import controls and tariffs, foreign investment controls, bankruptcy, and other areas of law. In addition to working with clients, the seasoned members of our team are respected thought leaders. They regularly present at domestic and international conferences, lead webinars, and serve as sources for media that cover events worldwide.

Ukraine Conflict

Lewis Brisbois has firmly established itself as a leading resource for companies and individuals in the U.S. and abroad as they navigate challenging legal issues that have emerged since the outset of the Ukraine-Russia conflict in 2022. The members of our team, some of whom are native language speakers, advise clients across several industries on, among other things, selling products in Russia, trade restrictions imposed on Russia, applicable business laws in Ukraine, Belarus, Russia, and the Commonwealth of Independent States (CIS), U.S.-Russia sanctions, as well as the applicability of sanctions to services provided by clients in Russia, Kazakhstan, Azerbaijan, and other Former Soviet Union (FSU) states.

Export and Import Controls

Our practice provides clients with the full range of legal services related to international trade. We advise on the sanctions and export controls policies and compliance programs. Lewis Brisbois’ attorneys regularly handle matters involving U.S. export and import laws and regulations, as well as sanctions set forth and enforced by the Office of Foreign Assets Control (OFAC), the Bureau of Industry & Security (BIS), and the U.S. Department of State. The members of our practice are well-versed in sanctions related to Cuba, Iran, Venezuela, the United Arab Emirates (UAE), Turkey, China, and other countries, and consistently provide sound export controls and sanctions compliance advice to companies. These attorneys also counsel clients on issues such as import regulations, tariffs, dual use products, licenses, and U.S. Department of Justice (DOJ) investigation responses. We have, among other things, advised international clients regarding countervailing duty and anti-dumping investigations concerning products subject to import from various Asian, Middle Eastern, European, South American, and Central American countries.

Investment Controls and National Security

The attorneys who comprise our practice consistently achieve our clients’ business objectives against the backdrop of investment controls and national security reviews. We have significant experience helping clients successfully navigate Committee on Foreign Investments in the United States (CFIUS) compliance issues related to asset, stock, and real estate acquisitions, as well as U.S. foreign investments, commercial, agricultural, and residential acquisitions. We have advised clients on acquisition and sales in China and the Middle East, counseled clients on the application of International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR) to a company sale, and prepared required CFIUS filings. We also have advised foreign companies on the state and federal restrictions and reporting requirements for real estate and asset acquisitions.

Tariffs

Our experienced attorneys help clients across many industries navigate tariffs promulgated by the United States and other nations in a manner that enables them to mitigate risks while optimizing supply chains and maintaining compliance with applicable international trade regulations. We provide tailored, nuanced guidance on all manner of tariffs, including those issued under Section 232 of the Trade Expansion Act of 1962 (Section 232 tariffs), tariffs under Section 301 of the Trade Act of 1974 (Section 301 tariffs), and tariffs under IEEPA. With their deep well of collective experience in cross-border trade and regulatory frameworks, our professionals are well-positioned to help clients achieve the best possible outcomes in an ever-evolving international trade environment. Our attorneys also help clients address the impacts of new or modified tariffs by evaluating existing commercial contracts and drafting and negotiating tariff allocation and related provisions in prospective commercial contracts.

Representative Matters

Advise various U.S. and international companies on the tariff specific contractual language
Provide FCPA and OFAC training to the major U.S. port employees, consultants and contractors
Advise U.S. and international clients on OFAC subpoena matters and requests for information
Assist U.S. telecommunications company in connection with U.S. export controls and U.S. Russia/Ukraine sanctions, including providing legal advice on acquiring telecommunications software and tech services provided by Russian tech personnel and on making related payments and bank transfers to Russia
Advise global technology company regarding comprehensive sanctions compliance policy
Advise international metals and plastics company on the application of U.S.-Russia sanctions to their sales
Advise U.S. technology company on acquisition and sales in China and Middle East, and the application of U.S.-Russia sanctions to their transactions
Advise oil and gas pipe manufacturer in connection with the U.S. direct and secondary sanctions applications on the supply of their products and payment related issues
Advise oil and gas service company in connection with the acquisition of U.S. energy sanctions to the provision of services to a Russian oil and gas producer
Advise client regarding breach of contract claims and dispute resolution related to a refinery project in Belarus
Advise chemical technology company in connection with the application of the U.S.-Russia sanctions on transactions in the Middle East and Asia
Provide U.S. nonprofit, with a multimillion dollar portfolio, anti-money laundering, and U.S. sanctions advice related to the transfer of funds and goods to non-profit organizations and other groups in Ukraine and Eastern Europe
Advise client and conduct due diligence on aircraft acquisition involving Ukraine, Russia and Lithuania, including ensuring compliance with Russian anti-sanctions laws and U.S. asset forfeiture laws
Advise NY Stock Exchange-traded international corporation on sanctions issues affecting exports to and transactions with entities located in Russia and several foreign countries
Advise professional services client on applicability of new sanctions on engineering services to proposed consulting work in Russia, Kazakhstan, Azerbaijan, and other FSU states
Advise international client on contract termination issues with sanctioned entities, including implications under Russian anti-sanctions law
Counsel client on scope of sanctions against imports of petroleum and products of petroleum distillation from Russia
Advise multiple clients on legal aspects of new or continuing sales of products in Russia
Advise client on diligence requirements with respect to alternative sources of materials
Advise client on sanctions compliance questions involved in multi-level supply chain transaction
Advise client on scope of sanctions and their applicability to the import of products from Russia and potential dispute resolution
Advise U.S. public pool manufacturing company regarding aluminum tariff matters
Advise international metals company regarding countervailing duty and anti-dumping investigations concerning aluminum extrusions subject to import from various Asian, Middle Eastern, European, South American, and Central American countries
Advise Canadian insurance company on audit of contractual duty and anti-dumping issues
Advise an international aerospace service company in connection with the application of EAR and ITAR regulations and prepare CFIUS filing related to the company sale
Advise an international coating manufacturing company in connection with a DOJ investigation related to Iranian sanctions matters
Advise publicly listed investment banking institution on the application of U.S.-Cuba sanctions on aircraft and travel
Advise European parent company on compliance with U.S sanctions related to implications for a U.S. subsidiary
Advise U.S. oil and gas company on the application of U.S. sanctions related to the use of Venezuelan workers
Advise international semiconductor company on the application of U.S. export controls and sanctions regulations on its operations in U.S., China, and Taiwan
Advise multinational minerals and technology company on implementation issues relating to U.S. sanctions on Iran
Assist U.S. technology equipment manufacturer and distributor with U.S. sanctions compliance with respect to China entities, preparation of policies, certifications, procedures, contractual arrangement and employee training
Assist an international consulting company in connection with its sanctions and export controls as well as with its due diligence of a Russia-affiliated engineering and technology company
Assist an international consulting company in connection with its export controls and Foreign Corrupt Practices Act (FCPA) due diligence of an international energy services company headquartered in Nigeria
Assist U.S. technology equipment manufacturer and distributor with a special license application with OFAC and the U.S. Department of Treasury
Advise U.S. company on the application of U.S. sanctions to shipment of HIV tests to Iran
Advise US high tech manufacturing company with the country of origin analysis (including, “substantial transformation”) and FTC and CBP labeling matters
Assist European aerospace manufacturer with U.S. and EU sanctions and export controls and ITAR compliance and project in
China
Assist European aerospace manufacturer with U.S. and EU tariff matters
Prepare international logistics company’s internal standard operating procedures for compliance with global sanctions and trade restrictions and advise on improvements of the internal controls
Advise Brazilian engineering and consulting company on the application of the U.S. tariffs
Advise European company regarding the impact of new U.S. tariffs on the supply of steel and aluminum products to U.S.
Advise European public technology company regarding the application of U.S. tariffs to the import of the high-tech equipment to the U.S.
Advise global service provider on the application of the U.S.-Russia sanctions on the services and payments related to the Russian subsidiaries of the global companies
Advise Asian high tech manufacturing company in connection with its country of origin analysis regarding its new autonomous robot
Advise US manufacturer and distributor on the date of entry CBP issues, with implications for potentially high reciprocal tariff rates on shipment in process during period of rapidly changing tariff rates
Advise multi-national manufacturing company on compliance with Iran sanctions, and follow-up issues
Advise an international oil and gas service company in connection with application of US sanctions regulations to an oil and gas project in Libya
Advise an international technology company on the application of the new US BIS Rule on Affiliation
Advise US law firm regarding OFAC compliance policy
Advise an international robotics company regarding joint venture and sales of product arrangement and application of US sanctions on Iraq and Russia
Advise US service company regarding application of US sanctions to the transaction with the international oil and gas company with Russian affiliation
Assist clients with addressing inappropriately frozen bank accounts resulting from imposition of sanctions