International Trade & National Security
Strategic Counseling and Robust Advocacy for Cross-Border Challenges
International trade and national security issues pose increasingly complex challenges for cross-border business. From new trade wars and restrictions on foreign investment, to aggressive government enforcement actions, many companies need guidance to mitigate risk, navigate change, and seize new opportunities. Our multidisciplinary team leverages deep experience in key international legal and policy areas to help your business adapt to the changing global environment and achieve your business objectives.
Foreign Investment & National Security Reviews
Foley’s international team represents clients in complex national security reviews before the Committee on Foreign Investment in the United States (CFIUS), the Defense Counterintelligence & Security Agency (DCSA), and the Directorate of Defense Trade Controls (DDTC). Working collaboratively with our corporate M&A colleagues, our national security lawyers help companies, private equity funds and venture capital firms identify potential national security risks at the start of a transaction planning process. We then leverage our experience in the manufacturing, energy, health care, and technology sectors to develop practical, tailored strategies in proceedings involving critical technology, critical infrastructure, and sensitive personal data. When necessary, our team can also help clients identify potential Foreign Investment Control (FIC) requirements in Europe, Canada, and Asia.
Export & Sanctions Enforcement
Foley offers clients specialized experience in international enforcement proceedings involving counterterrorism, economic sanctions, money laundering, forced labor, weapons proliferation, and the illicit transfer of critical goods and technologies. From sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), to export control laws like the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR), our team helps clients identify key risks, investigate potential violations, and craft effective defense strategies. And when compliance fails, we leverage our deep regulatory relationships and white collar advocacy experience to defend clients in both civil and criminal enforcement actions.
Customs & Trade Disputes
From advising multinational clients on the implementation of the U.S.-Mexico-Canada FTA (USMCA), to representing them in complex cross-border trade disputes, Foley’s international trade team resolves a broad spectrum of import-related challenges. Our team defends clients in import enforcement proceedings brought by U.S. Customs & Border Protection (CBP) and Mexican Tax Administration Service (SAT), and represents them in trade disputes involving the U.S. International Trade Administration (ITA), U.S. International Trade Commission (ITC), and the Office of the U.S. Trade Representative (USTR). As advocates and advisors, we are also uniquely positioned to counsel manufacturers, importers, and other companies on Free Trade Agreements (FTAs) and related supply chain strategies.