Foreign Third-Party Violations of U.S. Laws in International Transactions

Minimizing Exposure When Doing Business With Foreign Third Parties

Recording of a 90-minute CLE teleconference with Q&A


Conducted on Thursday, May 14, 2009
Recorded event now available


This seminar will examine steps that a business and its counsel can take to protect itself from liability exposure for conduct by foreign third parties in its supply chain.

Description

The government has increased enforcement of laws and regulations governing international transactions. Companies must therefore focus on their compliance with these laws, including, Export Administration Regulations, International Traffic in Arms Regulation, and Foreign Corrupt Practices Act.

American businesses commonly work with foreign business partners, agents, distributors, suppliers and financing institutions to reach customers and clients. A foreign party's ignorance of or indifference to U.S. laws can expose the U.S. company to liability for those compliance failures.

Companies must take steps to limit legal risk and liability exposure for their foreign third parties' violations, such as vetting the foreign parties procedures and policies, educating and training the foreign party companies on U.S. laws, and monitoring their compliance.

Listen as our authoritative panel of international business attorneys reviews the laws governing international transactions, discusses lessons learned from recent enforcement actions, and offers compliance strategies to minimize exposure for foreign third party violations.

Outline

  1. Laws governing international transactions
    1. EAR
    2. ITAR
    3. Anti-boycott
    4. OFAC
    5. FCPA
  2. Recent enforcement
  3. Compliance strategies
    1. Negotiating and structuring contracts
    2. Due diligence—selecting foreign third parties and conducting due diligence
    3. Training on U.S. export law compliance
    4. Recordkeeping
    5. Monitoring and audits

Benefits

The panel will review these and other key questions:

  • What are the laws that companies and their counsel must know that govern international business transactions?
  • What are the lessons for U.S. companies from recent enforcement actions stemming from foreign third-party violations?
  • What compliance strategies should companies implement to limit exposure from liability due to their foreign third party associates' violations of U.S. laws?

Faculty

Ronald I. Meltzer, Partner
WilmerHale, Washington, D.C.

He focuses on licensing, compliance and enforcement matters relating to U.S. export controls and economic sanctions. He represents clients in trade remedy litigation and on customs issues. He handles all aspects of U.S. export control and economic sanctions law, including the Export Administration Regulations, anti-boycott provisions, and OFAC sanctions requirements.

Richard L. Matheny, III, Partner
Goodwin Procter, Washington, D.C.

He focuses on U.S. export, trade, and sanctions laws, maritime law, and complex litigation. He advises clients in regulatory compliance, voluntary disclosures, and government investigations involving the Export Administration Regulations, the International Traffic in Arms Regulations, and the economic sanctions regulations administered by the Office of Foreign Assets Control.

James D. Slear, Of Counsel
Gibson Dunn & Crutcher, Washington, D.C.

He concentrates in the area of international trade compliance, internal investigations, and complex litigation. He advises clients regarding the International Traffic in Arms Regulations, Export Administration Regulations, and U.S. sanctions laws and regulations administered by the Office of Foreign Assets Control, and the Foreign Corrupt Practices Act.

Ordering

Online CLE - Audio Recording

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Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)

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Available 24 hours after the live event

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Available ten business days after the live event

Program Materials

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Program Materials

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Customer Reviews

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International Law Advisory Board

Edward J. Fishman

Partner

K&L Gates

Judith A. Lee

Partner

Gibson Dunn & Crutcher

Greta Lichtenbaum

Partner

O’Melveny & Myers

Kimberly A. Parker

Partner

WilmerHale

Kyle A. Wombolt

Partner

Goodwin Procter

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