With our colleagues from the International Trade and Election Law & Government Ethics practices, Wiley Rein assists clients in complying with the requirements of the Foreign Corrupt Practices Act (FCPA) and navigating the often complex requirements of export controls and economic sanctions regulations, including 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) economic sanctions regulations. 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 the requirements of the Buy America and Trade Agreements Acts and restrictions on the use of specialty metals produced outside the United States.
Since 1977, U.S. companies conducting business with foreign government entities and government officials have had to comply with the FCPA, prohibiting bribes 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. [See the 2011 edition of the Foreign Corrupt Practices Act Handbook]
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). As a result, Wiley Rein Government Contracts and International Trade professionals also counsel contractors regarding their export control obligations under ITAR, the EAR, and OFAC's 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.
Along with much of the procurement landscape, legislation and regulations relating to Buy America requirements and specialty metal restrictions (formerly known as the "Berry Amendment") are frequently changing. Our Government Contracts attorneys also have expertise on these legal requirements and track legislative and regulatory developments to ensure that our clients are familiar with the latest legal requirements.
ISSUE: WINTER 2014