BCR’s Sanctions & Export Controls practice is a core strength of the firm, reflecting decades of experience advising clients on complex, high-stakes regulatory matters at the intersection of law and policy. We represent a diverse client base – including multinational companies, think tanks and NGOs, small and medium enterprises, startups, and individuals – helping them navigate evolving U.S. economic sanctions and export controls regimes while advancing their commercial objectives. Our work spans compliance, advising, licensing, investigations, enforcement, due diligence, and transactional support, including in connection with cross-border transactions, investments, and other strategic initiatives. Our attorneys are recognized experts in the field and are frequently called upon to provide expert opinions on sanctions and export controls issues in both advisory and dispute contexts.
Economic Sanctions
We advise U.S. and non-U.S. clients on all aspects of U.S. economic sanctions programs administered by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC). Our work includes sanctions jurisdiction analysis, secondary sanctions issues, license applications, development of risk-based compliance programs, and sanctions risk mitigation, particularly in high-risk jurisdictions and industries. We represent clients in enforcement matters, internal investigations, voluntary self-disclosures, and engagements with OFAC and the U.S. Justice Department (DOJ) to resolve violations. We also represent sanctioned individuals and entities, advising on the scope of prohibitions, compliance strategies, licensing, and delisting petitions. Our team brings significant government and international experience, including prior service at OFAC and senior sanctions policy roles at the State Department and the United Nations. This experience provides a practical understanding of how sanctions are developed, implemented, and enforced, and enables us to engage effectively with the relevant agencies.
Export Controls
BCR advises on U.S. export controls governing both dual-use items and defense articles, including the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), and Nuclear Regulatory Commission and Department of Energy nuclear export controls. We assist clients with jurisdiction and classification analyses, licensing requirements, compliance program development, antiboycott rules, and day-to-day questions arising in global operations. We also represent clients in government investigations, enforcement actions, and voluntary disclosures involving the Bureau of Industry and Security (BIS) and the Directorate of Defense Trade Controls (DDTC), as well as the DOJ. Our attorneys regularly support clients in connection with cross-border transactions, including mergers and acquisitions and technology transfers. This includes conducting due diligence to identify and mitigate regulatory risk, as well as “critical technology” analysis for mandatory and voluntary filings with the Committee on Foreign Investment in the United States (CFIUS). We have particular expertise in the most complex and evolving areas of export controls, including encryption and software, cloud services and IT infrastructure, semiconductors and advanced electronics, and application of foreign direct product rules. We also advise extensively on export controls risks relating to China, including issues involving the Entity List and other BIS restricted party lists.
