Conducting Effective Internal Investigations Involving U.S. Export and Sanctions Violations
Evaluating Key Issues Including: Whether to Investigate, How to Determine the Appropriate Scope, How to Manage the Privilege Issues, Handling Parallel Investigations, and More
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide counsel on the key issues to manage when conducting effective internal investigations related to export and sanctions violations under U.S. laws and regulations. The panel will examine the primary factors to consider when determining whether, when, and how to conduct an investigation. Limiting a scattered investigatory approach, avoiding other similar pitfalls, and identifying the areas where the most efficiencies can be gained when assessing the manner in which to conduct the investigation will be reviewed.
- Internal investigations for export violations
- Discovery of an alleged violation
- Considerations for determining whether to conduct an internal investigation
- Selecting who will conduct the investigation
- Potential pitfalls
- Parallel investigations
- Failure to address privacy and consent issues
- Waiver of privilege
- Avoiding pitfalls
- Preserving attorney-client privilege
- Managing interviews to balance privacy and consent concerns
- Data protection
- Post-investigation strategies
- Remedial action
- Minimizing the risk of further government investigation
The panel will review these and other key questions:
- What are the key considerations for counsel conducting internal investigations?
- What can counsel do to protect privileges and confidential information during an internal investigation?
- What steps can companies take to minimize the risk of a government investigation or violating foreign laws?
Giovanna M. Cinelli
Morgan, Lewis & Bockius
Ms. Cinelli is the leader of the firm’s international trade and national security practice. As a practitioner for... | Read More
Ms. Cinelli is the leader of the firm’s international trade and national security practice. As a practitioner for more than 30 years, she counsels clients in the defense and high-technology sectors on a broad range of issues affecting national security and export controls, including complex export compliance matters, audits, cross-border due diligence, and export enforcement, both classified and unclassified. Ms. Cinelli handles complex civil and criminal export-related investigations and advises on transactional due diligence for regulatory requirements involving government contracts, export policy, and compliance, as well as settlement of export enforcement actions before the U.S. departments of State, Commerce, Treasury, and Defense, and related agencies. Ms. Cinelli regularly speaks and writes on international arms trade, technology transfer, national security cross-border requirements, and export issues. She has participated in panel discussions related to CFIUS and technology transfer hosted by the Center for Strategic and International Studies and the Council on Foreign Relations.Close
Mr. Burney's practice focuses on representing U.S. and non-U.S. clients in the Asia-Pacific region on matters... | Read More
Mr. Burney's practice focuses on representing U.S. and non-U.S. clients in the Asia-Pacific region on matters related to U.S. economic sanctions, export controls, the FCPA, and anti-money laundering laws. He has extensive experience representing clients in front of the U.S. Department of Justice, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), and the U.S. Department of Commerce's Bureau of Industry and Security (BIS). Mr. Burney's experience includes conducting cross-border investigations, filing voluntary self-disclosures, responding to subpoenas, obtaining OFAC licenses, conducting risk assessments, and representing individuals and companies seeking removal from OFAC's Specially Designated Nationals and Blocked Persons List and the BIS Entity List. He frequently advises companies investing in high-risk sectors and countries on sanctions, anti-bribery and corruption, and export control-related pre-acquisition due diligence and post-acquisition compliance program implementation.Close