Well, we are in a new era — a fundamental change has occurred, long in the making. National security and trade enforcement have coalesced to elevate trade risks — sanctions and export controls violations will be prosecuted...more
8/7/2025
/ Bureau of Industry and Security (BIS) ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Due Diligence ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
International Trade ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Sanctions ,
Training
Boeing continues to struggle. As troubles mount for Boeing, it is clear that it suffers from real and pervasive culture issues that have been reflected in serious safety failures, financial difficulties, regulatory...more
3/6/2024
/ Aviation Industry ,
Boeing ,
Compliance ,
Corporate Counsel ,
Corporate Culture ,
Corruption ,
Directorate of Defense Trade Controls (DDTC) ,
Ethics ,
Export Controls ,
Exports ,
ITAR ,
Regulatory Violations ,
Settlement ,
US Department of State
On January 5, 2023, the U.S. Department of State’s Directorate of Defense Trade Controls (“DDTC”) published updated guidance concerning authorizations issued to U.S. Persons Abroad (“USPABs”) as defined in 22 C.F.R. Section...more
On December 5, 2022, the Department of State, Directorate of Defense Trade Controls (“DDTC”) issued new Compliance Program Guidelines, “intended to provide an overview of an effective compliance program and an introduction to...more
As announced during his State of the Union, President Biden and U.S. Allies and partners, announced additional sanctions against Russia and Belarus. In recognition of the impact of the sanctions and export controls on the...more
3/3/2022
/ Airspace ,
Aviation Industry ,
Belarus ,
Belarus Sanctions ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Export Controls ,
Foreign Policy ,
Foreign Relations ,
Foreign Trade Regulations ,
Oil & Gas ,
Russia ,
Ukraine ,
Vladimir Putin
Part 129 of the International Traffic in Arms Regulations (“ITAR”) requires certain persons engaged in “brokering activities” to register with, and pay a fee to, the U.S. Department of State Directorate of Defense Trade...more
8/12/2021
/ Brokers ,
Compliance ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Defense Sector ,
Directorate of Defense Trade Controls (DDTC) ,
Export Controls ,
Exports ,
Foreign Policy ,
ITAR ,
Registration Requirement
When reviewing a major enforcement case, I always ask two basic questions:
What was the role of Board and senior management in the failure, and how did they fail to exercise proper oversight and ensure compliance?...more
2/6/2020
/ Airbus ,
Aviation Industry ,
Bribery ,
Compliance Management Systems ,
Corporate Culture ,
Corruption ,
Criminal Prosecution ,
Defense Sector ,
Deferred Prosecution Agreements ,
Directorate of Defense Trade Controls (DDTC) ,
Enforcement Actions ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
Government Officials ,
ITAR ,
Military Contracts ,
National Security ,
Regulatory Violations ,
Settlement Agreements ,
Statutory Violations ,
White Collar Crimes
The Justice Department has brought only a few enforcement actions that focus on FCPA and export control violations. Last year, Quad Graphics earned a declination for FCPA and OFAC violations. In 2013, Weatherford settled...more
2/6/2020
/ Airbus ,
Arms Export Control Act ,
Aviation Industry ,
Bribery ,
Corruption ,
Criminal Prosecution ,
Defense Sector ,
Directorate of Defense Trade Controls (DDTC) ,
Enforcement Actions ,
Export Controls ,
False Statements ,
Fees ,
Foreign Corrupt Practices Act (FCPA) ,
Government Officials ,
ITAR ,
Military Contracts ,
National Security ,
Political Contributions ,
Regulatory Violations ,
Settlement Agreements ,
Statutory Violations ,
White Collar Crimes
In a blockbuster case, the Justice Department announced a global settlement with Airbus SE, a manufacturer of civilian and military aircraft, under which Airbus agreed to pay over $4 billion (yes, with a “B”) to resolve...more
2/3/2020
/ Airbus ,
Aviation Industry ,
Bribery ,
Corruption ,
Criminal Prosecution ,
Defense Sector ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Enforcement Actions ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
France ,
Government Officials ,
ITAR ,
Military Contracts ,
National Security ,
Penalties ,
Regulatory Violations ,
Serious Fraud Office (SFO) ,
Settlement Agreements ,
Statutory Violations ,
Technology Sector ,
UK ,
White Collar Crimes
This week the Trump Administration is set to finalize new rules which will ease the regulatory and licensing burden on manufacturers of commercial firearms, ammunition and associated products. ...more
2/5/2019
/ Commerce Control List ,
Compliance ,
Directorate of Defense Trade Controls (DDTC) ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Firearms ,
ITAR ,
Regulatory Reform ,
Rulemaking Process ,
USML