DOJ Scrutiny of Export Controls and Sanctions Violations: Mitigating Risk of Corporate Criminal Prosecution

Mr. Gauch is a member of Morrison & Foerster's National Security Practice Group. He advises clients on a range of matters, including navigating export controls under the ITAR and EAR, global economic sanctions, compliance risk assessments, and CFIUS review. Mr. Gauch routinely advocates before government regulators such as OFAC and CFIUS and has secured licenses and approvals, responded to administrative subpoenas, and engaged in various other agency-engagement efforts to further client interests. He also regularly conducts due diligence reviews of corporate transactions from an international trade perspective.

Ms. Searcey is a member of the International Trade and White Collar Defense and Investigations practice groups. She advises clients on U.S. trade laws designed to accomplish a range of foreign policy, national security, and human rights goals, focusing her practice on compliance with economic sanctions, export controls, and the Uyghur Forced Labor Prevention Act. Her experience includes conducting internal investigations and representing clients before numerous regulatory agencies (such as the Departments of Treasury, Commerce, Justice, and Homeland Security), including responding to subpoenas and resolving enforcement matters. Ms. Searcey also advises clients regarding the development of their compliance and ethics programs and conducts trade-related risk assessments, including supply chain due diligence targeting forced labor risks. 

Mr. Syarief advises clients on all aspects of U.S. economic sanctions and export controls, with significant experience in enforcement risk assessment, internal investigations, compliance program design, and restricted-party screening protocols. He routinely represents clients before OFAC, BIS, and DDTC, securing licenses and approvals, filing voluntary self-disclosures, responding to administrative subpoenas, and resolving enforcement matters. He regularly conducts international trade due diligence in corporate transactions and financings, often on behalf of private equity firms. Mr. Syarief is especially well-versed in sanctions authorizations and exemptions relating to telecommunications, internet, and virtual currency, and has advised leading social media platforms and fintech firms on leveraging these provisions. In addition to practice, Mr. Syarief frequently publishes and speaks on sanctions and export control developments. He has chaired the Export Controls, Sanctions, and Anticorruption Subcommittee of the International Bar Association’s International Commerce and Distribution Committee and co-organized its 2024 Specialist Conference in Washington, D.C. He also serves as an Adjunct Professor of Law at Georgetown University Law Center, where he teaches U.S. economic sanctions and export controls.