Ama Adams’ practice focuses on international transactions and the U.S. government’s regulation of trade and investment. This includes most notably export controls, economic sanctions, anticorruption, foreign direct investment and customs laws and regulations.
In addition to advising clients on the application of international trade regulations to their business operations, Ms. Adams also assists clients in developing compliance programs, handling pre-and post- acquisition due diligence, conducting internal investigations relating to potential violations of trade laws and representing clients before the U.S. government agencies in connection with, license requests, enforcement matters, and government inquiries. She also represents companies before the Committee on Foreign Investment in the United States (CFIUS) in reviews under the Foreign Investment and National Security Act (FINSA). She advises companies in a range of industries, including the oil and gas, aviation, pharmaceutical, manufacturing, technology, chemical, and financial sectors.
Export Controls and Sanctions:
- International oil company – counseling on the applicability of the Office of Foreign Assets Control’s (OFAC) Ukraine/Russia sanction program on debt and equity financing transactions and oil and gas projects.
- U.S. supplier of safety equipment – defense against an enforcement action involving alleged violations of the EAR and OFAC sanctions regulations.
- 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.
- International oilfield services company – comprehensive audit of export controls and sanctions compliance programs in connection with an acquisition.
- Multinational banking firm – investigation related to U.S. antiboycott laws and regulations, including the preparation of voluntary self-disclosure.
- 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 (HTSUS) 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 implementing a global customs compliance program across multiple jurisdictions.
Foreign Corrupt Practices Act:
- International oilfield services company – pre- and post-acquisition anticorruption diligence and systems review of major multinational oilfield services and supply company with operations in multiple countries.
- Multinational airline parts supplier – due diligence review of the FCPA 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.
- 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; received 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 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; received 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.
Publications, Speeches & Presentations
International Trade Update
International Trade Update
Baker Botts will host a comprehensive CLE program in our Washington office on October 24, 2017.