Over the past few years, the most significant development in U.S. export control and economic sanctions enforcement has been the proliferation of vigorous administrative, civil and criminal enforcement.
While the U.S. Departments of State, Commerce, Treasury and Homeland Security have been aggressive with administrative and civil investigations and enforcement, the U.S. Department of Justice has increased its focus on criminal investigations and prosecutions that can result in lengthy terms of imprisonment, substantial fines, forfeitures, deferred prosecution agreements, and other penalties.
Administrative, civil and criminal investigations and enforcement actions implicating export control violations typically involve coordinated, multi-agency investigations and enforcement. U.S. enforcement officials have also made individual accountability a critical piece of their criminal enforcement activities, demonstrating that officers and directors, as well as employees operating in their individual capacities, who violate U.S. export control laws and regulations are being prosecuted with increased frequency and consequences.
The presentation will address:
- An overview of coordinated, multi-agency export control and economic sanctions enforcement authorities.
- Considerations for handling site visits and conducting internal investigations involving potential export control or economic sanction violations.
- The evaluation process for determining whether to voluntarily disclose a potential or actual violation to the government.
- The “Yates Memo” and its anticipated impact to individual accountability.
- Alfredo Fernandez, Partner, Shipman & Goodwin LLP