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 webinar with Q&A

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Conducted on Thursday, May 14, 2009

Course Materials

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.


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.



  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


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?


Meltzer, Ronald
Ronald I. Meltzer

Senior Counsel
Wilmer Cutler Pickering Hale and Dorr

Mr. Meltzer focuses on licensing, compliance and enforcement matters relating to U.S. export controls and economic...  |  Read More

Richard L. Matheny, III
Richard L. Matheny, III

Goodwin Procter

He focuses on U.S. export, trade, and sanctions laws, maritime law, and complex litigation. He advises clients in...  |  Read More

James D. Slear
James D. Slear

Of Counsel
Gibson Dunn & Crutcher

He concentrates in the area of international trade compliance, internal investigations, and complex litigation. He...  |  Read More

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