National Security, Sanctions, and Export Controls
Jenner & Block’s National Security, Sanctions, and Export Controls Practice uniquely represents clients both in high-profile and precedent-setting litigation involving national security and foreign affairs, and helps clients navigate the complex legal and policy landscape that governs international sanctions and trade controls.
The team represents clients in court in claims involving terrorism, state secrets, political suppression, and state-sponsored hacking. We advise clients in a range of industries on the panoply of issues that can arise in corporate transactions or generate compliance risk, including economic sanctions, export controls, and foreign investment in the United States and the United Kingdom. We also counsel clients on supply chain accountability, national security cyber issues, and more.
The team brings deep credibility on national security issues and international sanctions and trade controls, drawing on the experience of two former US ambassadors and National Security Council officials, a former senior lawyer in the United States Department of State’s Office of the Legal Adviser, a former prosecutor at Her Majesty’s Revenue and Customs Office (HMRC) and at the UK Serious Fraud Office (SFO), a former principal deputy assistant attorney general for the Criminal Division of the US Department of Justice and Chief of the National Security and Cybercrime Section in the US Attorney’s Office for the Eastern District of New York, a former Deputy General Counsel at the Central Intelligence Agency, and former lead investigative counsel for the Minority in the Senate Select Committee on Intelligence’s bipartisan investigation of Russian interference in the 2016 US elections. We also draw on the experience of seasoned practitioners who have spent years advising clients on issues relating to national security, sanctions, and export controls.
We have served clients in a number of areas, including:
- Representation of the 9/11 families in multi-billion dollar judgment enforcement proceedings against Iran
- Representation of the sole US citizen killed in the downing of Malaysian Airlines Flight 17 in proceedings against banks and money service businesses that provided financial services to separatist groups responsible for the attack
- Representation of the former Deputy Chairman of the Republican National Committee in cyber attack allegedly perpetrated by the State of Qatar
- Representation of United Against Nuclear Iran in a precedent-setting invocation of the state secrets privilege in a private defamation suit
- Representation of terrorist victims in litigation against Bank of China and other financial institutions
Economic Sanctions/Export Controls
- Advising sophisticated clients on compliance with relevant sanctions and export control regulations, including the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR), and conducting compliance reviews and risk assessments
- Monitoring of global tier-one financial institution implicating US sanctions violations and other national security considerations
- Navigating license requirements for the US Department of the Treasury’s Office of Foreign Assets Control (OFAC), the US Department of Commerce’s Bureau of Industry and Security, the US Department of State’s Directorate of Defense Trade Controls, the UK Office of Financial Sanctions Implementation (OFSI), the UKExport Control Organization, the EU Foreign Affairs Council, and others
- Engaging with the US and UK governments regarding sanctions designations and other sanctions actions
- Investigating potential violations and guiding clients through voluntary self-disclosures
- Conducting M&A due diligence
- Proactively monitoring significant developments affecting clients’ global operations
National Security Cyber Matters
- Guiding clients on specialized legal and factual issues that accompany national security-related cyber threats
- Counseling clients how to work effectively – and judiciously – with relevant government agencies, including the FBI and DOJ National Security Division
Committee on Foreign Investment in the United States (CFIUS)
- Counseling clients on successfully navigating the CFIUS process in high-stakes matters likely to attract significant political attention
- Advising clients on CFIUS jurisdiction over a transaction
- Counseling clients on transaction structure in light of CFIUS considerations
- Preparing and submitting filings to CFIUS
The National Security, Sanctions, and Export Controls Practice collaborates closely with other practice groups across the firm to present clients with the appropriate cross-disciplinary team for every engagement.