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

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 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 Government Contracts and International 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 Energy, 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 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 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.