Ginger Faulk advises and represents multinational companies on matters involving U.S. government regulation of foreign trade and investment and international transactions. She has broad and deep experience advising companies in a variety of industries in compliance and enforcement matters involving U.S. export controls, U.S. economic sanctions, and the Foreign Corrupt Practices Act (FCPA) and frequently represents buyers and sellers in U.S. national security reviews conducted by the Committee on Foreign Investment in the United States (CFIUS).
With a focus on the defense, petroleum, petrochemicals, telecommunications and high technology industries, her work involves representation in government investigations and enforcement actions by U.S. government agencies responsible for administering U.S. export controls; securing U.S. government licensing and other approvals; conducting regulatory due diligence reviews in international mergers and acquisitions; developing and assessing trade control compliance programs; and conducting compliance training for large audiences of various levels and backgrounds.
Ginger has represented companies in securing government authorization to export or re-export highly regulated products and technology to the Middle East and China. She has also conducted expansive U.S. export controls and economic sanctions investigations in Europe, the Middle East, North Africa, and Latin America and represented companies under U.S. government investigation in reaching global regulatory settlements under U.S. export control and sanctions laws. She frequently conducts global compliance audits for multinational clients in a variety of industries.
In the context of international mergers and acquisitions, Ginger has performed numerous regulatory due diligence reviews in connection with large stock and asset acquisitions involving export-sensitive goods, software and technology and/or operations in sensitive jurisdictions. She has also represented both buyers and sellers in U.S. government reviews of foreign acquisitions by CFIUS.
Finally, Ginger has assisted public companies and their suppliers in complying with U.S. Securities and Exchange Commission “conflict minerals” diligence and reporting requirements under Section 1502 of the Dodd-Frank Act. This includes advice and assistance to subject companies in conducting Reasonable Country of Origin Inquiries, developing supplier surveys based upon internationally accepted survey templates, and assisting companies in preparing Form SD and related reports.
Ginger is conversant in French and Spanish.
- International oilfield services company-comprehensive audit of export controls and sanctions compliance programs in connection with U.S. government investigation
- Various multinational companies-regularly develop and oversee implementation of global export control and sanctions compliance programs
- International oilfield services company-representation in U.S. government civil and criminal investigations involving U.S. economic sanctions regulations
- U.S. aviation maintenance and repair company-representation before CFIUS and Defense Security Service in connection with acquisition by Asia-Pacific purchaser
- Leading global information and communications technology (ICT) solutions provider- advice and representation before CFIUS in connection with proposed U.S. investment activities
- Large U.S. chemicals company- conducted comprehensive review of technology at all U.S. facilities to assess compliance with U.S. technology “deemed export” controls
- International oilfield services company-regulatory due diligence review of U.S. sanctions compliance risks in connection with acquired company’s Middle East and Africa operations
- Manufacturers of defense and defense-related products-representation in securing Department of State and Department of Commerce authorization for export transactions
- Various petroleum and petrochemical companies-representation of both buyers and sellers in CFIUS’ review of foreign acquisitions
- Multinational food products company-assistance in obtaining licenses from the Department of the Treasury to sell food products in Iran and Sudan
- Businesses operating overseas-advice on compliance with the Foreign Corrupt Practices Act
- Large manufacturing company-representation in a U.S. Customs and Border Protection enforcement action
- Major media/communications conglomerate-regulatory due diligence review for export-sensitive stock and asset acquisitions
- International oil services company-advice on compliance with U.S. export regulations, including U.S. antiboycott regulations, and representation in regulatory enforcement action
- Large offshore drilling company-representation in protest of import duties imposed by U.S. Customs and Border Protection
- Multinational oilfield services company- advice and assistance in conducting Reasonable Country of Origin Inquiry and due diligence; assisted in preparing Form SD and related reports as required under SEC “Conflict Minerals” reporting requirements
- Large U.S. drilling company - assisted in preparing Form SD as required under SEC “Conflict Minerals” reporting requirements; advised on responding to customers’ supplier surveys
- Pro bono projects investigating women’s human rights violations in Uganda, Swaziland, and Kenya and assistance with in-country human rights test-case litigation and lobbying efforts
Publications, Speeches & Presentations
Proposed Legislation Would Expand CFIUS’ Jurisdiction to Review Foreign Investment in the United StatesFirm Thought Leadership
International Trade Update
ACC CLE Program: Outlook for International Trade and Foreign Policy and its Impact on Cross-Border Transactions
In partnership with the Association of Corporate Counsel (ACC) the Baker Botts Washington office will host a special program for in-house counsel and compliance professionals on Wednesday, May 3, 2017 from Noon to 2:00 p.m.