INTERNATIONAL SANCTIONS, EXPORT CONTROLS, REGULATORY COMPLIANCE:

TRADE, INTERNATIONAL INVESTMENTS, AND TECHNOLOGY

Overview

This program is designed for policy makers and legal practitioners to gain a comprehensive understanding on the latest updates on international trade, investments, sanctions, export controls, technology, and other regulatory compliance mandates from the US and comparatively with major economies of the world including the EU, China, Mexico, India, and ASEAN representatives. The program will be conducted by global experts including legal practitioners and governments officials. Discussions will include both policy, case studies, and practicum. This seminar will provide a multijurisdictional analysis of international policy and best practices so officials and legal practitioners can tackle complex compliance issues more effectively in aid of their clients, local economies, governments, and law firms.

Course Outline

U.S. SANCTIONS AND EXPORT CONTROLS: OVERVIEW 

• Introduction to U.S. agencies and their roles in foreign policy and national security (State Department, OFAC, BIS, etc.) 
• Types of sanctions and their roles in US foreign policy and national security
• Trends of use of sanctions and enforcement of sanctions violations, compliance and long arm jurisdiction

INTRODUCTION TO OFAC AND BIS 

• OFAC: scope, legal authorities, statutes, country programs, SDN lists, licenses and exemptions
• BIS: legal authorities, jurisdiction, rules (De Minimis Rule, etc.), lists (Commerce Control Lists, Entity List, etc.) and licenses
• Enforcement and roles in US foreign policy and national security and export regimes

CFIUS

• Legal authorities (DPP, FIRRMA, etc.), jurisdiction, regulations
• Relationship to BIS and OFAC
• Changes and expectations in new US Administration

OTHER ECONOMIC STATECRAFT 

• Inbound/outbound investment restrictions, tariff and non-tariff trade measures, subsidies (IRA, CHIPS and Science act)
• Anti-corruption and anti-money laundering policies, forced labor goods restrictions and antiboycott measures

SANCTIONS LISTS, ADMINISTRATION, COMPLIANCE AND IMPACTS ON LEGAL PRACTICE 

• (Growing) significance of sanctions lists, their effects, listing and delisting procedures, OFAC and BIS litigation and guidance for listed clients
• Licensing, civil and criminal enforcement, and reporting/recordkeeping
• Regulators’ expectations, elements of effective compliance policies, and best practices
• Legal boundaries for lawyers, due process, and the influence of sanctions on litigation and arbitration

CASE STUDIES

• OFAC Sanctions
• BIS investigations and enforcement

TECHNOLOGY AND ARTIFICIAL INTELLIGENCE REGULATIONS

• Technology transfer restrictions, regulations and protections on (generative) AI outputs, including federal, state and private actions 
• AI governance in the private sector and comparative EU and UK AI policies
• INTERNATIONAL AND COMPARATIVE PERSPECTIVESINTERNATIONAL PERSPECTIVES 
• Multijurisdictional and extraterritorial sanctions, human rights issues and trade agreements

Course Advisor

PERRY BECHKY is a Partner at the law firm of Berliner Corcoran & Rowe LLP. Mr. Bechky has over 25 years of experience as an international lawyer. He specializes in sanctions include OFAC regulations, CFIUS, FINSA, FIRRMA, EAR and ITAR, Helms-Burton Act, the Iran Sanctions Act, the Sudan Accountability and Divestment Act, and UN Security Council resolutions and foreign “blocking statutes”, as well as cross-border litigation, arbitration, internal investigations, international negotiations, management of legal and political risks, national security reviews of corporate deals, expropriation claims under political-risk-insurance policies, regulatory proceedings, and dispute settlement under international trade agreements, economic sanctions projects, including civil penalty proceedings, compliance, counseling, expert testimony, internal investigations, interpretative rulings, licensing, and securities disclosure. His clients have included national governments, international organizations, individuals and small businesses, and leading businesses in agriculture, banking and finance, energy, manufacturing, services, and technology. Previous to his work at Berliner, Mr. Bechky worked at the US Department of the Treasury, Office of Foreign Assets Control (OFAC); Customs Service; and US Attorney’s Office for the Eastern District of Virginia. Mr. Bechky drafted the US-Hong Kong Policy Act (22 USC. § 5701), which establishes the legal basis for US relations with Hong Kong in light of its special status as a “special administrative region” of China. He writes and lectures about economic sanctions, human rights, and most matters of international law.