Competing Employer Obligations: Complying with Export Control Laws While Avoiding National Origin Discrimination

Mr. Rapa leads Blank Rome’s National Security team. A dual U.S./UK-qualified practitioner with on-the-ground experience spanning four continents, he counsels companies and private equity sponsors regarding cross-border trade, operations, investments, and geopolitical strategic planning. A former member of the Law360 International Trade Editorial Advisory Board, Mr. Rapa is a trusted advisor to clients on matters involving economic sanctions, export controls, and investment screening involving the Committee on Foreign Investment in the United States. He has advised clients across a broad range of industries, including aerospace and defense, manufacturing, automotive, aviation and aviation-adjacent, technology/software, semiconductors, telecommunications, maritime, financial, shipping, freight forwarding and logistics, and energy.

Ms. Shin regularly advises multinational companies on complex international trade, regulatory compliance, and customs and import law related matters. She also counsels on cross-border compliance and commercial issues. Ms. Shin advises clients on various regulatory compliance and trade issues, concentrating on the U.S. export controls such as the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR), economic and trade sanctions, U.S. customs and import laws, the US Foreign Corrupt Practices Act (FCPA), and foreign anti-bribery laws. Additionally, she advises clients in internal and external audits of compliance with U.S. and non-U.S. export controls, economic and trade sanctions, and customs and import laws, structuring compliance programs, and obtaining authorization from the U.S. Government for activities subject to the EAR, the ITAR, and US economic and trade sanctions programs. Ms. Shin also advises clients on M&A export control, economic and trade sanctions, customs and import law, anti-corruption, and anti-boycott due diligence reviews of target companies in Europe, Latin America, and Asia, in collaboration with the firm's M&A attorneys in multiple jurisdictions. Her assistance extends to voluntary disclosure filings to, and enforcement actions brought by, the US government in relation to the EAR, the ITAR, economic and trade sanctions, antiboycott rules and regulations, and US customs and import laws. She frequently writes and speaks on these areas. 

Ms. Mays focuses her practice on compliance counseling and investigations in the areas of export controls, economic sanctions, anti-corruption, customs and import regulations. She regularly counsels companies in the following industries: aerospace and defense, aviation, education, electronics, financial services, food and beverage, healthcare, hospitality, manufacturing, solar, space, retail, technology, telecommunications, and transportation. Ms. Mays advises clients on sanctions; export controls, including ITAR and EAR; trade agreements; the FCPA; Customs and imports; antidumping and countervailing duties; the False Claims Act; Committee on Foreign Investment in the United States; anti-boycott controls; cybersecurity issues; and anti-money laundering matters. She also represents clients before the U.S. Department of Treasury Office of Foreign Assets Control, the Office of the U.S. Trade Representative, the Department of Commerce Bureau of Industry & Security, the Department of State Directorate of Defense Trade Controls, the Department of Justice, the International Trade Commission, the U.S. Customs and Border Protection, and CFIUS.