Broadcast Date: Tuesday, May 14, 2024
from 12:00 pm to 1:00 pm (ET)

Overview:

The U.S. Department of Justice has declared sanctions to be the “new FCPA.” This is not just rhetoric; there are tectonic shifts already underway in how the U.S. government prosecutes sanctions evasion and what it expects from corporate compliance departments—who are caught in the middle between American and European national security priorities and increasing sophisticated evasion by adversaries.

Join Michael H. Huneke of Hughes Hubbard & Reed LLP and Jonathan Cross of Herbert Smith Freehills LLP in this CLE webcast to learn what these changes mean and practical tips for responding to them.

Key topics include:

  • Recent Legal Developments & Their Practical Significance
    • Executive Order 14114’s secondary sanctions for FFIs facilitating provision of certain goods/services to Russia.
    • Need for non-US companies to adopt or enhance US export control policies, esp. given “Foreign Direct Product” rules re Russia/China
    • Growing complexity of “targeted” PRC sanctions (e.g., CMIC restrictions, US outbound investment restrictions, export control tightening, US import and public procurement restrictions)
  • Recent Enforcement Trends & Key Takeaways
    • Recent enforcement focus on fintech and crypto
    • DOJ has declared sanctions to be the “new FCPA.” What does that mean, and what are the implications?
    • BIS recently sent several dozen American companies “red flag” letters listing third parties involved in diversity components to Russia. What is the significance of these letters, especially regarding those companies’ awareness of evasion or diversion?
    • Recent enforcement focus on export control evasion:  What are the noteworthy enforcement actions since February 2022, and what are the key practical takeaways for compliance teams?

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-Demand Webcast

 

Prerequisite:

General knowledge of international trade law

 

Course Code:

1411173

 

Total Credit:

 

CLE Credit:

CA CLE 1.0 General - Approved Until: 6/30/2025

PA CLE 1.0 General - Approved Until: 5/14/2026

VT CLE 1.0 General - Approved Until: 12/31/2025

NJ CLE 1.0 General - Credits through Reciprocity

NY CLE 1.0 Areas of Professional Practice - Credits through Reciprocity

AR CLE 1.0 General - Credits through Reciprocity

CT CLE 1.0 General - Credits through Reciprocity

NH CLE 1.0 General – Meets the requirements of NH Supreme Court Rule 53

MO CLE 1.0 General - Approved Until: 5/14/2024

 

Pending CLE Application:

MS, WI, GA, TN

 

Self-Apply:

AL, CO, DE, FL, ID, IL, IN, IO, KS, KY, LA, NC, ME, MN, MT, NE, NV, NM, ND, OH, OK, OR, SC, TX, UT, VA, WA, WV, WY

 

If you’d like us to apply for CLE, you may opt to pay the CLE processing fee here.

 

No MCLE Requirements:

DC, MD, MA, MI, SD

 

Not Eligible for CLE:

AK, AZ, HA

Speaker Panel:

Jonathan Cross, Partner
Herbert Smith Freehills LLP

Jonathan’s practice focuses on government investigations and regulatory matters, including US economic sanctions and export control issues, Exon-Florio foreign investment filing issues, and securities and antitrust litigation.

Jonathan also has substantial experience in the field of complex commercial litigation, with a focus on transnational business disputes as well as project finance and infrastructure-related litigation.

In addition to this work, Jonathan regularly contributes to Herbert Smith Freehills’ sanctions blog, which covers the latest trends and developments in the sanctions space.

Michael H. Huneke, Partner
Hughes Hubbard & Reed LLP

Mike Huneke is a partner in Hughes Hubbard & Reed and a member of the Sanctions, Export Controls, and Anti-Money Laundering and the Anti-Corruption & Internal Investigations practice groups. His current practice focuses on internal investigations regarding reported evasion or diversion. Mike is a frequent contributor to the NYU Program on Corporate Compliance & Enforcement (“PCCE”) blog on sanctions and export controls topics, including the overlap between historical FCPA and current EAR enforcement and the shared “high probability” standard of awareness under both.

Agenda:

Segment 1:

Jonathan Cross, Partner

Herbert Smith Freehills LLP

and

Segment 2:

Michael H. HunekePartner

Hughes Hubbard & Reed LLP

Recent Legal Developments & Their Practical Significance

  • Executive Order 14114’s secondary sanctions for FFIs facilitating provision of certain goods/services to Russia.
  • Need for non-US companies to adopt or enhance US export control policies, esp. given “Foreign Direct Product” rules re Russia/China
  • Growing complexity of “targeted” PRC sanctions (e.g., CMIC restrictions, US outbound investment restrictions, export control tightening, US import and public procurement restrictions)

Recent Enforcement Trends & Key Takeaways

  • Recent enforcement focus on fintech and crypto
  • DOJ has declared sanctions to be the “new FCPA.” What does that mean, and what are the implications?
  • BIS recently sent several dozen American companies “red flag” letters listing third parties involved in diversity components to Russia. What is the significance of these letters, especially regarding those companies’ awareness of evasion or diversion?
  • Recent enforcement focus on export control evasion:  What are the noteworthy enforcement actions since February 2022, and what are the key practical takeaways for compliance teams?

Date & Time:

Tuesday, May 14, 2024

12:00 pm to 1:00 pm (ET)

Who Should Attend:

  • Export Controls Compliance Professionals
  • Sanctions Compliance Professionals
  • Independent Directors & Audit Committee Members
  • Global Supply Chain Managers
  • Financial Advisors
  • Investment Managers
  • Risk Management Professionals
  • General Counsel
  • Top Level Management
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SPEAKERS

Jonathan CrossPartner
Herbert Smith Freehills LLP
Michael H. HunekePartner
Hughes Hubbard & Reed LLP

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