Practices  |  Government Contracts

Export Controls, Foreign Corrupt Practices Act, Buy American Act, and Trade Agreement Act

Overview

Since 1977, U.S. companies conducting business with foreign government entities and government officials have had to comply with the Foreign Corrupt Practices Act (FCPA), prohibiting providing things of value to any foreign official to obtain or retain business.  As with increased enforcement efforts in other areas of government contracting, federal agencies are also increasing their FCPA enforcement efforts.  Wiley Rein advises U.S. and foreign contractors on developing, implementing, and rigorously reviewing their FCPA compliance programs, assists contractors with ensuring that their overseas branches comply with legal and corporate procedures for handling contracts with foreign government entities or involving government officials, conducts internal investigations of allegations of FCPA non-compliance, and represents contractors in all stages of FCPA enforcement proceedings by interested agencies.  We also represent individuals facing U.S. Department of Justice FCPA enforcement actions.

In the last few years, the United States also has seen a significant uptick in the number of export controls and economic sanctions prosecutions (both domestically and abroad).  Wiley Rein Government Contracts andInternational Trade professionals also counsel contractors regarding their export control obligations under the U.S. Department of State’s International Traffic in Arms Regulations (ITAR), the U.S. Department of Commerce’s Export Administration Regulations (EAR), and the Office of Foreign Assets Control’s (OFAC) regulations, including transaction counseling for imports or exports of defense articles and services, assisting clients with implementing and augmenting their export control compliance programs, and representing contractors in enforcement proceedings before the Department of State’s Directorate of Defense Trade Controls, the Department of Commerce’s Bureau of Industry and Security, and the Department of the Treasury’s OFAC. 

With our colleagues from the International Trade, White Collar Defense & Government Investigations, and Election Law & Government Ethics practices, Wiley Rein provides clients full service and representation in connection with the requirements of the FCPA and navigating the often complex requirements of export controls and economic sanctions regulations, including the U.S. ITAR, EAR, and the OFAC economic sanctions regulation.  In addition, Wiley Rein works with clients and the Committee for Foreign Investment in the United States (CFIUS) to ensure that any potential mergers and acquisitions are consistent with the national security goals of the United States.  Finally, we work with clients to ensure that their products comply with country of origin restrictions such as the Buy American and Trade Agreements Acts, the Berry Amendment, restrictions on the use of specialty metals produced outside the United States, and reporting requirements associated with the use of conflict minerals.

Our People

Name Position Telephone Email
Rachel A. AlexanderPartner202.719.7371Download vCard
Rand L. AllenPartner202.719.7329Download vCard
Attison L. Barnes, IIIPartner202.719.7385Download vCard
Todd A. BrombergPartner202.719.7357Download vCard
Kathryn BucherPartner202.719.7530Download vCard
Jon W. BurdPartner202.719.7172Download vCard
Ralph J. CacciaPartner202.719.7242Download vCard
Philip J. DavisPartner202.719.7044Download vCard
Scott A. FelderPartner202.719.7029Download vCard
J. Ryan Frazee *Associate202.719.3751Download vCard
Tracye Winfrey HowardPartner202.719.7452Download vCard
Paul F. KhouryPartner202.719.7346Download vCard
Samantha S. LeeAssociate202.719.7551Download vCard
Eric W. LeonardPartner202.719.7185Download vCard
Margaret E. Matavich *Associate202.719.3756Download vCard
Kevin J. MaynardPartner202.719.3143Download vCard
Scott M. McCalebPartner202.719.3193Download vCard
John A. McCulloughConsulting Counsel202.719.7254Download vCard
Christopher M. MillsOf Counsel202.719.4740Download vCard
Erin K. NordConsulting Counsel202.719.7183Download vCard
Richard B. O'Keeffe, Jr.Of Counsel202.719.7396Download vCard
Nicole J. Owren-WiestPartner202.719.7430Download vCard
George E. Petel *Associate202.719.3759Download vCard
Dorthula H. Powell-WoodsonPartner202.719.7150Download vCard
John R. PrairiePartner202.719.7167Download vCard
William A. Roberts, IIIPartner202.719.4955Download vCard
Tyler E. RobinsonAssociate202.719.7497Download vCard
Nina Rustgi *Associate202.719.3761Download vCard
Kara M. SacilottoPartner202.719.7107Download vCard
Craig SmithAssociate202.719.7297Download vCard
Mark B. SweetPartner202.719.4649Download vCard
Kay TatumPartner202.719.7368Download vCard
Roderick L. ThomasPartner202.719.7035Download vCard
Jillian VolkmarAssociate202.719.7527Download vCard
Brian WalshAssociate202.719.7469Download vCard
Gary S. WardAssociate202.719.7571Download vCard
Tara L. WardAssociate202.719.7495Download vCard
Jennifer S. ZuckerPartner202.719.7277Download vCard

*Not admitted to the DC bar. Supervised by the principals of the firm.

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