Concentration

Export controls and sanctions, customs, FCPA and foreign direct investment (FINSA)

Summary

Ama Adams’ practice focuses on international transactions and the U.S. government’s regulation of trade and investment. She advises clients on compliance with regulations of the Department of Treasury, Department of Commerce, Department of State and U.S. Customs and Border Protection, including issues related to the export of goods and services to sensitive regions and countries and the import of products into the United States.

Ms. Adams represents clients facing enforcement actions brought by the Departments of Commerce, State, Treasury and Immigration and Custom Enforcement and helps clients develop, improve and put into effect compliance programs to ensure that their corporate procedures and policies are in accordance with U.S. export and import laws.

Ms. Adams counsels clients on the implications of the North American Free Trade Agreement (NAFTA) for their North American operations, including how to obtain preferential tariff treatment under NAFTA. In addition to NAFTA, she also provides legal assistance in a wide range of customs and rule-of-origin issues that arise with the import of merchandise into the United States.

Ms. Adams also has substantial experience in the Foreign Corrupt Practices Act. She has conducted internal investigations, developed and implemented corporate compliance programs, conducted due diligence and provided counseling to clients on a broad range of FCPA matters.

Representative Engagements

Export Controls and Sanctions:

• U.S. aircraft parts supplier – due diligence review of company’s compliance with the U.S. International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR) and the sanctions administered by the Office of Foreign Assets Control.
• Multinational chemical manufacturer – advice regarding compliance with sanctions and export controls regulations, including the EAR and the sanctions administered by OFAC; assisted with the upgrade of policies and procedures for complying with U.S. sanctions.
• Multinational food products company – assistance in obtaining licenses from OFAC to sell food products in Libya, Iran and Sudan.
• Refining, marketing and transportation company – creation of an export compliance plan tailored to U.S. embargoes and sanctions programs and the Patriot Act.
• Multinational banking firm – investigation related to U.S. antiboycott laws and regulations, including the preparation of voluntary self-disclosure.

Customs:

• Major U.S. apparel company – representation in connection with Immigration and Customs Enforcement (“ICE”) and Customs and Border Protection (“CBP”) investigation of textile imports entered into the United States under NAFTA.
• U.S. energy company - counsel regarding the classification under the Harmonized Tariff Schedule of the United States of equipment required for the regasification of LNG; advising client regarding the U.S. customs rules relevant to the entry of regasified LNG into the United States.
• U.S. chemical company – assistance in connection with Drug Enforcement Agency (“DEA”) investigation of imports and exports of a Schedule 1 chemical; assisted client in the development of DEA compliance policies and procedures.
• Major U.S. airline – assistance with the successful admission into the Importer Self-Assessment Program, which included a review of the company’s existing import compliance policies and procedures and provided counseling with respect to a full range of Customs issues, including procedures for (i) classifying thousands of imported aircraft parts and components, (ii) properly valuing imported merchandise and (iii) reviewing and enhancing Foreign Trade Zone compliance procedures.
• U.S. and Canadian energy companies – advice with respect to transborder movements of oil and gas, including issues related to NAFTA and the U.S. short supply controls.
• Offshore drilling company – Advice with respect to customs duties applicable to repairs performed overseas on U.S.-flagged vessels under 19 U.S.C. 1466; prepared detailed customs ruling seeking confirmation that proposed vessel work to be performed in Singapore will qualify for duty-free treatment under the Singapore Free Trade Agreement’s exemption for repairs and alterations.
• Advising U.S. integrated energy company with respect to the rules of origin under NAFTA for hydrocarbons.

Foreign Corrupt Practices Act:

• Multinational airline parts supplier – due diligence review of the Foreign Corrupt Practices Act and export control compliance program in connection with its acquisition by another company.
• U.S. energy companies – preparation of FCPA due diligence materials and counsel on the implementation of FCPA safeguards for foreign joint venture operations.
• Russian telecommunications company –due diligence review in connection with planned acquisition of telecommunications company.

 CFIUS/FINSA:

• Advised major U.S. mining company regarding implications of proposed acquisition of certain of company’s assets under FINSA and the Exon-Florio Amendment; prepared joint notice to CFIUS regarding proposed transaction; obtained clearance of transaction following 30-day review by CFIUS; advised client regarding the classification of its technology and products under applicable U.S. export control regulations.
• Represented large non-U.S. exploration company in connection with successful clearance by CFIUS of its acquisition of a U.S. navigation company; advised client on compliance with ITAR risks and responsibilities associated with the acquisition; assist client with implementation of CFIUS mitigation requirements.
• Advised major U.S. chemical company regarding the implications under Exon-Florio of the possible acquisition of a U.S.-based subsidiary of the client by a state-owned company based in the Middle East; assisted client in responding to requests for information received from the CFIUS.
• Represented oil refining company before CFIUS in connection with the purchase of a U.S. refining facility by Chinese-owned company; prepared Joint Voluntary Notice to CFIUS and represented client in CFIUS investigation; succeeded in obtaining CFIUS clearance of the transaction under Exon-Florio, as amended by FINSA; conducted review of client’s government contracts and technology for purposes of CFIUS investigation and classification of export-sensitive items.