National Security
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Advising Clients Engaged in Global Commerce and Trade
Wilson Sonsini advises clients on sensitive global commerce areas that are commonly regulated by U.S. government enforcement agencies.
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Comprehensive Regulatory Counsel and Representation
Wilson Sonsini's national security attorneys advise clients on the applicability of government restrictions and licensing requirements; help companies obtain government approvals; represent clients facing government inquiries and investigations; advise companies on internal and board investigations; and undertake diligence and negotiations in conjunction with investments and mergers and acquisitions.
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A Team Anchored by Former U.S. Enforcement Agency Officials
Wilson Sonsini's national security attorneys have served as officials in the U.S. Departments of Defense (both civilian and military officers), Commerce, Justice, Homeland Security, the CIA, and the White House.
Wilson Sonsini has a highly regarded national security practice group. Our national security group includes many attorneys ranked nationally and internationally by various ranking services. We advise clients—ranging from U.S. and foreign investors, to large multinational companies, to small start-ups, to industry associations—regarding an array of U.S. national security, foreign policy, and related legal issues, including the following:
- The Committee on Foreign Investment in the United States (CFIUS)
- Export Controls and Sanctions
- Corruption, Bribery, and the Foreign Corrupt Practices Act (FCPA)
- Anti-Money Laundering
- Government Contracts, including Foreign Ownership, Control, or Influence (FOCI)
- Team Telecom & the Federal Communications Commission (FCC)
Clients seek our advice regarding the applicability of various government prohibitions and licensing requirements and other approvals; assistance with obtaining such approvals; government inquiries and investigations, internal company and board investigations, and diligence and negotiations regarding investments and mergers and acquisitions.
National security issues arise frequently for technology and life science companies and investors, particularly in the context of cross-border transactions and the movements of goods, technology, people, services, and money. We are well-positioned to navigate these issues, drawing not only on our industry experience but also on our experience in the U.S. government. Our national security attorneys have served as officials in the U.S. Departments of Defense (both civilian and military officers), Commerce, Justice, Homeland Security, the CIA, and the White House. We can serve as a bridge between clients and Washington, D.C.
Click on the links above to find out more about our specific areas of practice.
Overview
Wilson Sonsini has a highly regarded national security practice group. Our national security group includes many attorneys ranked nationally and internationally by various ranking services. We advise clients—ranging from U.S. and foreign investors, to large multinational companies, to small start-ups, to industry associations—regarding an array of U.S. national security, foreign policy, and related legal issues, including the following:
- The Committee on Foreign Investment in the United States (CFIUS)
- Export Controls and Sanctions
- Corruption, Bribery, and the Foreign Corrupt Practices Act (FCPA)
- Anti-Money Laundering
- Government Contracts, including Foreign Ownership, Control, or Influence (FOCI)
- Team Telecom & the Federal Communications Commission (FCC)
Clients seek our advice regarding the applicability of various government prohibitions and licensing requirements and other approvals; assistance with obtaining such approvals; government inquiries and investigations, internal company and board investigations, and diligence and negotiations regarding investments and mergers and acquisitions.
National security issues arise frequently for technology and life science companies and investors, particularly in the context of cross-border transactions and the movements of goods, technology, people, services, and money. We are well-positioned to navigate these issues, drawing not only on our industry experience but also on our experience in the U.S. government. Our national security attorneys have served as officials in the U.S. Departments of Defense (both civilian and military officers), Commerce, Justice, Homeland Security, the CIA, and the White House. We can serve as a bridge between clients and Washington, D.C.
Click on the links above to find out more about our specific areas of practice.
Alerts
Proposed Rulemaking Issued by the DOJ Covering Data Export Transactions with Entities from Countries of Concern
On October 21, 2024, the U.S. Department of Justice (DOJ) issued a Notice of Proposed Rulemaking (NPRM) to implement Executive Order 14117, which authorizes the Attorney General to prohibit or restrict transactions by U.S. persons that could result in the transfer of government-affiliated or bulk U.S. sensitive data to countries of concern or covered persons, and to provide safeguards around other activities that may otherwise provide access to such data.
Client Advisories
The New National Security Rules for Investing U.S. Capital
In late October 2024, the U.S. Treasury Department (Treasury) issued its final rules (the Outbound Rules) implementing President Biden’s Executive Order (EO) 14105 on “outbound” U.S. investment. See our prior mailers here and here. The Outbound Rules will take effect on January 2, 2025, and will add a new layer of diligence to most U.S. parties’ investment activities. On their face, the rules are comparatively narrow, restricting U.S. persons from engaging in certain technology investment and other capital-allocating activities when the target entity has ties to the People’s Republic of China (PRC) and operates in certain specific technology areas. However, in practice, the Outbound Rules will create incentives for U.S. investors—and many non-U.S. funds—to engage in diligence and obtain representations from any business that cannot otherwise clearly rule out connections to those technology areas or to the PRC.
Bylined Articles
An Early Holiday Wish . . . for a More Informative CFIUS Annual Report
As the air turns crisp, many of us above the equator will begin to think of the winter holidays. A subset of these people will think about holiday wish-lists. And the thoughts of nearly all of that subset, or at least the healthy portion, will coalesce around two questions:
Alerts
FinCEN Finalizes Rule Requiring AML/CFT Programs for Registered Investment Advisers and Exempt Reporting Advisers
On September 4, 2024, the U.S Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) published a final rule that expands the definition of “financial institution” to include Registered Investment Advisers (RIAs) and Exempt Reporting Advisers (ERAs) and subjects these advisers to certain affirmative anti-money laundering (AML) requirements.1 FinCEN implemented this rule to address perceived risks regarding illicit finance and national security. Covered RIAs and ERAs must comply with the final rule, which requires implementing an AML program that includes certain specified elements, by January 1, 2026. While the final rule generally tracks the existing AML/CFT regime for other financial institutions, RIAs and ERAs had long been outside the ambit of AML/CFT regulations.
Alerts
DOJ Raises Expectations on AI, Data Analytics, and More in New Guidance on Corporate Compliance
On September 23, 2024, the Department of Justice (DOJ) updated its Evaluation of Corporate Compliance Programs policy (ECCP), which outlines the key factors prosecutors consider when evaluating the effectiveness of a corporation’s compliance program in connection with charging decisions and resolutions.
Alerts
Commerce Proposes New Reporting Requirement for Advanced AI Developers and Cloud Computing Providers
Last week, the U.S. Department of Commerce’s (Commerce) Bureau of Industry and Security (BIS) released a Notice of Proposed Rulemaking (NPRM) outlining a new mandatory reporting requirement for large-scale AI developers and cloud computing providers that provide compute to AI model developers. The NPRM stems from requirements issued under the Biden Administration’s October 2023 Executive Order on “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (Biden’s EO, discussed here), which directed Commerce to collect certain information on dual-use foundation models and large-scale computing clusters. Commerce has already collected initial responses to a similar mandatory survey issued pursuant to Biden’s EO from major AI developers and compute providers; this new NPRM will systematize that data collection process.
Insights
Alerts
Proposed Rulemaking Issued by the DOJ Covering Data Export Transactions with Entities from Countries of Concern
On October 21, 2024, the U.S. Department of Justice (DOJ) issued a Notice of Proposed Rulemaking (NPRM) to implement Executive Order 14117, which authorizes the Attorney General to prohibit or restrict transactions by U.S. persons that could result in the transfer of government-affiliated or bulk U.S. sensitive data to countries of concern or covered persons, and to provide safeguards around other activities that may otherwise provide access to such data.
Client Advisories
The New National Security Rules for Investing U.S. Capital
In late October 2024, the U.S. Treasury Department (Treasury) issued its final rules (the Outbound Rules) implementing President Biden’s Executive Order (EO) 14105 on “outbound” U.S. investment. See our prior mailers here and here. The Outbound Rules will take effect on January 2, 2025, and will add a new layer of diligence to most U.S. parties’ investment activities. On their face, the rules are comparatively narrow, restricting U.S. persons from engaging in certain technology investment and other capital-allocating activities when the target entity has ties to the People’s Republic of China (PRC) and operates in certain specific technology areas. However, in practice, the Outbound Rules will create incentives for U.S. investors—and many non-U.S. funds—to engage in diligence and obtain representations from any business that cannot otherwise clearly rule out connections to those technology areas or to the PRC.
Bylined Articles
An Early Holiday Wish . . . for a More Informative CFIUS Annual Report
As the air turns crisp, many of us above the equator will begin to think of the winter holidays. A subset of these people will think about holiday wish-lists. And the thoughts of nearly all of that subset, or at least the healthy portion, will coalesce around two questions:
Alerts
FinCEN Finalizes Rule Requiring AML/CFT Programs for Registered Investment Advisers and Exempt Reporting Advisers
On September 4, 2024, the U.S Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) published a final rule that expands the definition of “financial institution” to include Registered Investment Advisers (RIAs) and Exempt Reporting Advisers (ERAs) and subjects these advisers to certain affirmative anti-money laundering (AML) requirements.1 FinCEN implemented this rule to address perceived risks regarding illicit finance and national security. Covered RIAs and ERAs must comply with the final rule, which requires implementing an AML program that includes certain specified elements, by January 1, 2026. While the final rule generally tracks the existing AML/CFT regime for other financial institutions, RIAs and ERAs had long been outside the ambit of AML/CFT regulations.
Alerts
DOJ Raises Expectations on AI, Data Analytics, and More in New Guidance on Corporate Compliance
On September 23, 2024, the Department of Justice (DOJ) updated its Evaluation of Corporate Compliance Programs policy (ECCP), which outlines the key factors prosecutors consider when evaluating the effectiveness of a corporation’s compliance program in connection with charging decisions and resolutions.
Alerts
Commerce Proposes New Reporting Requirement for Advanced AI Developers and Cloud Computing Providers
Last week, the U.S. Department of Commerce’s (Commerce) Bureau of Industry and Security (BIS) released a Notice of Proposed Rulemaking (NPRM) outlining a new mandatory reporting requirement for large-scale AI developers and cloud computing providers that provide compute to AI model developers. The NPRM stems from requirements issued under the Biden Administration’s October 2023 Executive Order on “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (Biden’s EO, discussed here), which directed Commerce to collect certain information on dual-use foundation models and large-scale computing clusters. Commerce has already collected initial responses to a similar mandatory survey issued pursuant to Biden’s EO from major AI developers and compute providers; this new NPRM will systematize that data collection process.
Speaking Engagements
Helsinki Geoeconomics Week 2024
Wilson Sonsini is proud to partner with Helsinki Geoeconomics Week, organized by the Geoeconomics Society. The conference is a week-long international event exploring the intersection of economics and global power dynamics, focusing on the emerging profession of geoeconomists. Helsinki Geoeconomics Week is attended by professionals, academics, policymakers, business leaders, corporate strategists, investment analysts, and legal experts; focused on bridging the gap between theory and practice in geoeconomics, fostering interdisciplinary collaboration and shaping the future of the field through discussions, panels, and networking opportunities. Learn more about the event's origin and organizers here.
Affiliated Programs
European Forum on Global Economic Sanctions
Industry across Europe is confronting an increasingly unpredictable economic sanctions landscape-amid rapid developments, shifting geopolitics, new compliance challenges and enforcement risks. With so much at stake, ensure that you are fully updated on new, anticipated sanctions, compliance requirements and best practices.
Speaking Engagements
Georgetown Law – 45th Annual International Trade Update
Going into its 45th iteration, Georgetown Law's International Trade Update is an annual continuing legal education program for the trade and customs bar. The event provides an annual forecast on legal and policy developments, which may feature trade remedies and customs law, trade policy, customs practice and judicial decisions, and developments in disputes and trade negotiations. Learn more and register here.
Speaking Engagements
ACI Advanced Forum on Global Export Controls
The American Conference Institute (ACI) hosts their inaugural Advanced Forum on Global Export Controls in Washington, D.C., February 28-29, 2024. The event is designed as an advanced-level course hosting discussion from government, industry, and counsel on developments in regulatory and enforcement landscapes. Jahna Hartwig (Senior Counsel) will speak February 28th on “Case Studies: The Lengths and Limits of Leveraging Data Analytics and AI in Export Risk Mitigation: How to Build Out an Internal Data Analytics Plan for Export Risk Mitigation Capabilities." Click here for forum agenda details or here for registration information.
Speaking Engagements
PLI: Investing, Trading, and Doing Deals in a Dynamic World 2024
On February 8th, the Practising Law Institute (PLI) hosts their 2024 event: Investing, Trading, and Doing Deals in a Dynamic World. The conference will bring together industry, financial, regulatory, and policy experts; attorneys and professional service providers; US and foreign Government officials; and corporate and organization executives who operate at the intersection of policy, technology, trade, and finance to provide interdisciplinary insight into the risks and opportunities of a dynamic world. Wilson Sonsini senior counsel Jahna Hartwig leads the panel on Trade and Technology Controls at 10:15 AM EST. Learn more and register here.
Speaking Engagements
Society for International Affairs (SIA) Winter Back to Basics Virtual Conference
The Society for International Affairs (SIA) is an organization dedicated to educating the international trade community on export and import processes. February 5-9, 2024, SIA hosts the 2024 Winter Back to Basics Virtual Conference. The conference is ideal for newcomers to export licensing, with an educational emphasis on panels covering the export license process and discussions on different types of licenses, agreements, exemptions, exceptions, requirements and conditions associated with each. Review the agenda and panels of expert speakers here. Jahna Hartwig (Senior Counsel, and SIA Board Member) leads the “ITAR Exemptions/EAR Exceptions Panel” on February 7th. Click here to register.
Events
Speaking Engagements
Helsinki Geoeconomics Week 2024
Wilson Sonsini is proud to partner with Helsinki Geoeconomics Week, organized by the Geoeconomics Society. The conference is a week-long international event exploring the intersection of economics and global power dynamics, focusing on the emerging profession of geoeconomists. Helsinki Geoeconomics Week is attended by professionals, academics, policymakers, business leaders, corporate strategists, investment analysts, and legal experts; focused on bridging the gap between theory and practice in geoeconomics, fostering interdisciplinary collaboration and shaping the future of the field through discussions, panels, and networking opportunities. Learn more about the event's origin and organizers here.
Affiliated Programs
European Forum on Global Economic Sanctions
Industry across Europe is confronting an increasingly unpredictable economic sanctions landscape-amid rapid developments, shifting geopolitics, new compliance challenges and enforcement risks. With so much at stake, ensure that you are fully updated on new, anticipated sanctions, compliance requirements and best practices.
Speaking Engagements
Georgetown Law – 45th Annual International Trade Update
Going into its 45th iteration, Georgetown Law's International Trade Update is an annual continuing legal education program for the trade and customs bar. The event provides an annual forecast on legal and policy developments, which may feature trade remedies and customs law, trade policy, customs practice and judicial decisions, and developments in disputes and trade negotiations. Learn more and register here.
Speaking Engagements
ACI Advanced Forum on Global Export Controls
The American Conference Institute (ACI) hosts their inaugural Advanced Forum on Global Export Controls in Washington, D.C., February 28-29, 2024. The event is designed as an advanced-level course hosting discussion from government, industry, and counsel on developments in regulatory and enforcement landscapes. Jahna Hartwig (Senior Counsel) will speak February 28th on “Case Studies: The Lengths and Limits of Leveraging Data Analytics and AI in Export Risk Mitigation: How to Build Out an Internal Data Analytics Plan for Export Risk Mitigation Capabilities." Click here for forum agenda details or here for registration information.
Speaking Engagements
PLI: Investing, Trading, and Doing Deals in a Dynamic World 2024
On February 8th, the Practising Law Institute (PLI) hosts their 2024 event: Investing, Trading, and Doing Deals in a Dynamic World. The conference will bring together industry, financial, regulatory, and policy experts; attorneys and professional service providers; US and foreign Government officials; and corporate and organization executives who operate at the intersection of policy, technology, trade, and finance to provide interdisciplinary insight into the risks and opportunities of a dynamic world. Wilson Sonsini senior counsel Jahna Hartwig leads the panel on Trade and Technology Controls at 10:15 AM EST. Learn more and register here.
Speaking Engagements
Society for International Affairs (SIA) Winter Back to Basics Virtual Conference
The Society for International Affairs (SIA) is an organization dedicated to educating the international trade community on export and import processes. February 5-9, 2024, SIA hosts the 2024 Winter Back to Basics Virtual Conference. The conference is ideal for newcomers to export licensing, with an educational emphasis on panels covering the export license process and discussions on different types of licenses, agreements, exemptions, exceptions, requirements and conditions associated with each. Review the agenda and panels of expert speakers here. Jahna Hartwig (Senior Counsel, and SIA Board Member) leads the “ITAR Exemptions/EAR Exceptions Panel” on February 7th. Click here to register.
Josephine Aiello LeBeau
Partner
Josephine focuses on matters related to compliance and enforcement of U.S. export control and sanctions.
Mark Bass
Partner
Mark Bass is a partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where he works with public and private technology companies at all stages of growth. He also represents venture capital funds, private equity firms, and investment banks in financings and public offerings.
Michael S. Casey
Partner
Mike Casey is a dual-qualified, Chambers-ranked partner in the London office of Wilson Sonsini Goodrich & Rosati. His practice focuses on investigations and regulatory compliance matters related to economic sanctions, export controls, money laundering, corruption, and white-collar fraud. In addition, he regularly acts as a specialist in mergers, acquisitions, venture financings, lending arrangements, and other types of corporate transactions. He also frequently advises clients on the UK’s National Security and Investment Act and other foreign direct investment review regimes.
Mark R. Fitzgerald
Partner
Mark is a veteran attorney who advises technology and life sciences companies on corporate law and transactional matters.
Joshua F. Gruenspecht
Partner
Joshua advises domestic and foreign investors, funds, established companies and startups in regulatory, investigative, and enforcement matters.
Stephen R. Heifetz
Partner
Stephen advises clients on laws and policies at the intersection of international business and national security. He previously served in the U.S. government on the Committee on Foreign Investment in the U.S.
Demian Ahn
Partner-Elect
Demian Ahn is a member of the firm’s data, privacy, and cybersecurity practice based in Washington, D.C. Demian represents and advises companies confronting all manner of cyber risks—risks from threat actors, regulatory risks from governmental bodies, legal risks related to cybersecurity and data collection programs, and litigation risks related to data privacy regulations and cybersecurity breaches.
Jahna Hartwig
Of Counsel
Jahna Hartwig is Of Counsel at Wilson Sonsini Goodrich & Rosati, where she advises domestic and foreign companies on compliance with international trade laws.
Seth Cowell
Senior Counsel
Seth Cowell is senior counsel in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where he counsels and represents domestic and foreign entities in national security-related areas, including matters before the Committee on Foreign Investment in the United States (CFIUS). He also counsels clients on matters relating to federal government contracting under the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS), the Foreign Corrupt Practices Act (FCPA), and other laws and regulations concerning domestic and international business.
Anne E. Seymour
Senior Counsel
Anne Seymour is Senior Counsel in Wilson Sonsini Goodrich & Rosati's Washington, D.C., office, where she focuses on issues related to compliance and enforcement of U.S. export control regulations and economic sanctions and U.S. import regulations.
Anne counsels foreign and domestic clients across technology industries on all aspects of international trade, including export controls, economic sanctions, and import issues. This work includes providing advice on potential export and import considerations stemming from cross-border technology transfers, joint venture projects, mergers and acquisitions, foreign investment, foreign distributor agreements, and delivery (both physical and virtual) of products and services.
Anne works closely with companies to determine which regulations may affect their transactions; obtain necessary government approvals related to the import, export, or transfer of their products, software, technology, and services; design and implement internal compliance programs; conduct compliance assessments; train employees on regulatory compliance issues; and, when necessary, prepare voluntary disclosures.
Anne is an expert in commercial and dual-use controls promulgated under the Export Administration Regulations, military-specific controls administered under the International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control. She assists clients as new regulatory challenges arise, including adapting to new sanctions regimes, classification of “critical technologies” as they may apply to CFIUS analyses, and obtaining of “deemed export” licenses for clients that employ H-1B visa holders in export-controlled areas.
Anne counsels foreign and domestic clients across technology industries on all aspects of international trade, including export controls, economic sanctions, and import issues. This work includes providing advice on potential export and import considerations stemming from cross-border technology transfers, joint venture projects, mergers and acquisitions, foreign investment, foreign distributor agreements, and delivery (both physical and virtual) of products and services.
Anne works closely with companies to determine which regulations may affect their transactions; obtain necessary government approvals related to the import, export, or transfer of their products, software, technology, and services; design and implement internal compliance programs; conduct compliance assessments; train employees on regulatory compliance issues; and, when necessary, prepare voluntary disclosures.
Anne is an expert in commercial and dual-use controls promulgated under the Export Administration Regulations, military-specific controls administered under the International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control. She assists clients as new regulatory challenges arise, including adapting to new sanctions regimes, classification of “critical technologies” as they may apply to CFIUS analyses, and obtaining of “deemed export” licenses for clients that employ H-1B visa holders in export-controlled areas.
People
Josephine Aiello LeBeau
Partner
Josephine focuses on matters related to compliance and enforcement of U.S. export control and sanctions.
Mark Bass
Partner
Mark Bass is a partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where he works with public and private technology companies at all stages of growth. He also represents venture capital funds, private equity firms, and investment banks in financings and public offerings.
Michael S. Casey
Partner
Mike Casey is a dual-qualified, Chambers-ranked partner in the London office of Wilson Sonsini Goodrich & Rosati. His practice focuses on investigations and regulatory compliance matters related to economic sanctions, export controls, money laundering, corruption, and white-collar fraud. In addition, he regularly acts as a specialist in mergers, acquisitions, venture financings, lending arrangements, and other types of corporate transactions. He also frequently advises clients on the UK’s National Security and Investment Act and other foreign direct investment review regimes.
Mark R. Fitzgerald
Partner
Mark is a veteran attorney who advises technology and life sciences companies on corporate law and transactional matters.
Joshua F. Gruenspecht
Partner
Joshua advises domestic and foreign investors, funds, established companies and startups in regulatory, investigative, and enforcement matters.
Stephen R. Heifetz
Partner
Stephen advises clients on laws and policies at the intersection of international business and national security. He previously served in the U.S. government on the Committee on Foreign Investment in the U.S.
Demian Ahn
Partner-Elect
Demian Ahn is a member of the firm’s data, privacy, and cybersecurity practice based in Washington, D.C. Demian represents and advises companies confronting all manner of cyber risks—risks from threat actors, regulatory risks from governmental bodies, legal risks related to cybersecurity and data collection programs, and litigation risks related to data privacy regulations and cybersecurity breaches.
Jahna Hartwig
Of Counsel
Jahna Hartwig is Of Counsel at Wilson Sonsini Goodrich & Rosati, where she advises domestic and foreign companies on compliance with international trade laws.
Seth Cowell
Senior Counsel
Seth Cowell is senior counsel in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where he counsels and represents domestic and foreign entities in national security-related areas, including matters before the Committee on Foreign Investment in the United States (CFIUS). He also counsels clients on matters relating to federal government contracting under the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS), the Foreign Corrupt Practices Act (FCPA), and other laws and regulations concerning domestic and international business.
Anne E. Seymour
Senior Counsel
Anne Seymour is Senior Counsel in Wilson Sonsini Goodrich & Rosati's Washington, D.C., office, where she focuses on issues related to compliance and enforcement of U.S. export control regulations and economic sanctions and U.S. import regulations.
Anne counsels foreign and domestic clients across technology industries on all aspects of international trade, including export controls, economic sanctions, and import issues. This work includes providing advice on potential export and import considerations stemming from cross-border technology transfers, joint venture projects, mergers and acquisitions, foreign investment, foreign distributor agreements, and delivery (both physical and virtual) of products and services.
Anne works closely with companies to determine which regulations may affect their transactions; obtain necessary government approvals related to the import, export, or transfer of their products, software, technology, and services; design and implement internal compliance programs; conduct compliance assessments; train employees on regulatory compliance issues; and, when necessary, prepare voluntary disclosures.
Anne is an expert in commercial and dual-use controls promulgated under the Export Administration Regulations, military-specific controls administered under the International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control. She assists clients as new regulatory challenges arise, including adapting to new sanctions regimes, classification of “critical technologies” as they may apply to CFIUS analyses, and obtaining of “deemed export” licenses for clients that employ H-1B visa holders in export-controlled areas.
Anne counsels foreign and domestic clients across technology industries on all aspects of international trade, including export controls, economic sanctions, and import issues. This work includes providing advice on potential export and import considerations stemming from cross-border technology transfers, joint venture projects, mergers and acquisitions, foreign investment, foreign distributor agreements, and delivery (both physical and virtual) of products and services.
Anne works closely with companies to determine which regulations may affect their transactions; obtain necessary government approvals related to the import, export, or transfer of their products, software, technology, and services; design and implement internal compliance programs; conduct compliance assessments; train employees on regulatory compliance issues; and, when necessary, prepare voluntary disclosures.
Anne is an expert in commercial and dual-use controls promulgated under the Export Administration Regulations, military-specific controls administered under the International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control. She assists clients as new regulatory challenges arise, including adapting to new sanctions regimes, classification of “critical technologies” as they may apply to CFIUS analyses, and obtaining of “deemed export” licenses for clients that employ H-1B visa holders in export-controlled areas.
Related Practices
- Anti-Money Laundering
- Board and Internal Investigations
- Committee on Foreign Investment in the United States (CFIUS)
- Export Control and Sanctions
- FCPA and Anti-Corruption
- Antitrust Criminal Enforcement
- Government Investigations
- Foreign Ownership, Control, or Influence (FOCI)
- Team Telecom
- White Collar Crime
Recent Insights
Alerts
Proposed Rulemaking Issued by the DOJ Covering Data Export Transactions with Entities from Countries of Concern
On October 21, 2024, the U.S. Department of Justice (DOJ) issued a Notice of Proposed Rulemaking (NPRM) to implement Executive Order 14117, which authorizes the Attorney General to prohibit or restrict transactions by U.S. persons that could result in the transfer of government-affiliated or bulk U.S. sensitive data to countries of concern or covered persons, and to provide safeguards around other activities that may otherwise provide access to such data.
Learn More
Client Advisories
The New National Security Rules for Investing U.S. Capital
In late October 2024, the U.S. Treasury Department (Treasury) issued its final rules (the Outbound Rules) implementing President Biden’s Executive Order (EO) 14105 on “outbound” U.S. investment. See our prior mailers here and here. The Outbound Rules will take effect on January 2, 2025, and will add a new layer of diligence to most U.S. parties’ investment activities. On their face, the rules are comparatively narrow, restricting U.S. persons from engaging in certain technology investment and other capital-allocating activities when the target entity has ties to the People’s Republic of China (PRC) and operates in certain specific technology areas. However, in practice, the Outbound Rules will create incentives for U.S. investors—and many non-U.S. funds—to engage in diligence and obtain representations from any business that cannot otherwise clearly rule out connections to those technology areas or to the PRC.
Learn More
Recent Events
Speaking Engagements
Helsinki Geoeconomics Week 2024
Wilson Sonsini is proud to partner with Helsinki Geoeconomics Week, organized by the Geoeconomics Society. The conference is a week-long international event exploring the intersection of economics and global power dynamics, focusing on the emerging profession of geoeconomists. Helsinki Geoeconomics Week is attended by professionals, academics, policymakers, business leaders, corporate strategists, investment analysts, and legal experts; focused on bridging the gap between theory and practice in geoeconomics, fostering interdisciplinary collaboration and shaping the future of the field through discussions, panels, and networking opportunities. Learn more about the event's origin and organizers here.
Learn More
Affiliated Programs
European Forum on Global Economic Sanctions
Industry across Europe is confronting an increasingly unpredictable economic sanctions landscape-amid rapid developments, shifting geopolitics, new compliance challenges and enforcement risks. With so much at stake, ensure that you are fully updated on new, anticipated sanctions, compliance requirements and best practices.
Learn More
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