Criminal Sanctions Under the International Emergency Economic Powers Act

Sanctions have increasingly come to the forefront in recent years as a critical tool of U.S. foreign policy, translating into stricter enforcement by the U.S. Departments of Justice, the Treasury, and Commerce. Criminal and civil investigations into alleged sanctions and export controls violations can be massive, disrupting, costly, and lead to substantial penalties, as can be seen in the multi-million (and billion) dollar penalties imposed on various banks in the past few years. Even cases where no penalties are imposed can exact tremendous costs on companies, including legal fees, but arguably more importantly, disruption of business activities and reputational damage, among others. This seminar covers the key components of criminal investigations – how to manage the situation from the onslaught and zealously and effectively represent your client.

Learning Objectives:

1. Work with the Office of the U.S. Attorney (OUSA) and the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce’s Bureau of Industry and Security (BIS)
2. Understand the complex regulatory context and be responsive
3. Interact with your client’s point persons, such as in house counsel
4. Conduct an internal investigation and audit
5. Build and implement compliance program measures to reduce liability, prevent future violations, and ultimately settle cases