Economic Sanctions
Historically, the United States imposed what were often unilateral sanctions implemented by the Office of Foreign Assets Control (OFAC), which aggressively enforced these measures. Such measures are imposed on specific countries or regions, entities and individuals. Increasingly, other countries have relied upon sanctions to implement their foreign policy and national security interests. These sanctions create a complex web of compliance challenges vary by sanctions target and the implementing government and can even be contradictory.
Recent crises and concerns in Russia/Ukraine, China, Cuba, Syria, Iran, Venezuela, and North Korea, among others, have created a regulatory minefield for companies. Because relevant regulatory authorities depend on companies and individuals to effectively implement sanctions, they incentivize compliance though potential civil and/or criminal liability.
Jim has more than 20 years of experience advising clients ranging from large multinational companies to small family businesses and individuals dealing with issues from basic compliance to highly complicated multi-jurisdictional matters. He has experience applying for OFAC licenses, handling voluntary disclosures and subpoena responses as well as OFAC enforcement actions.
Export Controls
Jim has extensive experience helping companies, both large and small, cope and comply with U.S. export control regulations on the transfer of goods, technology, software, services, and information to foreign nationals and foreign destinations. This includes transfers of dual-use items that are controlled under the Export Administration Regulations (EAR), which are administered by the U.S. Department of Commerce) and defense articles and services (controlled under the International Traffic in Arms Regulations (ITAR) administered by the US Department of State). Jim also advises clients on antiboycott regulations enforced under the EAR,
Jim's experience includes counseling clients on requirements under these regulations and seeking licensing or export classifications. He quickly and efficiently assesses possible issues and avenues for export transactions and seeks authorizations or exceptions where needed, and identifies potential license exceptions (including those for encryption items). He advises clients on jurisdictional and classification of products and technologies and seeks export control classifications when self-classification may not be appropriate or permitted. He also helps clients develop and implement compliance programs that consider both regulatory risk and practical considerations for business operations.
FCPA
The Foreign Corrupt Practices Act (FCPA) prohibits U.S. companies and all issuers or anyone acting on their behalf from providing anything of value to persons deemed to be foreign officials. The FCPA has been heavily enforced with criminal penalties and civil fines. Jim advises companies on the propriety of proposed transactions and the creation of compliance programs. He also conducts internal investigations where concerns arise and has represented clients before the SEC and DOJ in enforcement actions.
CFIUS
The Committee on Foreign Investment in the United States is an interagency committee led by the Treasury Department that is mandated to review certain transactions involving foreign investment in the United States and certain real estate transactions by foreign persons, in order to determine the effect of such transactions on the national security of the United States. Jim has experience advising regarding clients regarding matters that do, or may, involve CFIUS, including filing of mandatory and voluntary notices or declarations with the Committee.
Investigations
In all Jim has more than 35 years of experience conducting internal investigations for numerous clients in a wide variety of matters, including criminal and civil matters both domestically and abroad, including Europe, the Middle East, South America, Japan, the People's Republic of China, Mexico, and Malaysia. He conducts internal audits, internal investigations, including those associated with voluntary disclosures to regulatory agencies. He also has experience with government-initiated inquiries, subpoenas, and investigations on both the civil and criminal side of enforcement.
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