National Security and International Trade

Jackson Walker’s National Security and International Trade Group provides comprehensive legal services to both U.S. based and foreign based clients navigating the complex landscape of United States national security and trade law. Our team is committed to helping businesses comply with U.S. law, while also advocating with Texas tenacity for our clients should they find themselves in “trade trouble.” Whether importing to or investing in the U.S. or exporting goods or investing abroad from the U.S., JW has the experience and attitude needed to help clients grow their businesses, while mitigating risks.

Our practice is generally divided into two segments: preventative and responsive. Preventative counsel includes promoting compliance with U.S. national security and trade laws to avoid problems and ensure growth. For instance, we advise clients on compliance, provide training, prepare policies and procedures, author opinion letters, analyze certifications, and assess corporate transactions structures –all with an eye to ensuring adherence to U.S. law and minimizing costs for our clients.

Responsive counsel consists of two primary areas: (i) navigating trade uncertainty, and (ii) defending clients (in both civil and criminal contexts) who face allegations of violating U.S. national security or trade law. Our trade uncertainty practice focuses on real time advice to clients on the frequently changing U.S. tariff environment since 2016 and the applicable deadlines under the various tariff regimes. As to defending clients, we regularly lead internal investigations, defend companies facing government investigations and enforcement actions, mitigate penalties, prosecute administrative protests/remedies, and litigate in the Court of International Trade.

Our National Security and International Trade Group offers deep expertise in the following areas:

U.S. Economic Sanctions: Advising on compliance with economic sanctions programs administered by the Office of Foreign Assets Control (OFAC), the Bureau of Industry and Security (BIS), and the U.S. Department of State.
Export Controls: Assisting clients to comply with the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), and other export control laws, including by conducting due diligence, developing compliance programs, and, when necessary, performing internal investigations before or after government involvement.
Foreign Corrupt Practices Act (FCPA) Compliance: Providing guidance on compliance with anti-bribery, anti-money laundering, and anti-corruption laws, including the FCPA; developing compliance programs to mitigate risks; and conducting internal investigations, audits, and due diligence related to international transactions.
Committee on Foreign Investment in the United States (CFIUS): Navigating the CFIUS review process for foreign investments in U.S. businesses (as well as newly emerging state-law equivalents), including pre-transaction counseling and drafting and filing declarations and notices with CFIUS.
U.S. Customs Regulations: Offering counsel on customs compliance, tariff classification, valuation, and import/export procedures, as well as defense of enforcement matters, prosecution of administrative appeals, and litigation of disputes with U.S. Customs in the Court of International Trade.
Internal Investigations and Enforcement Defense: Defending clients in internal investigations and enforcement actions related to international trade and national security laws, including submitting voluntary self-disclosures to the U.S. Department of Justice, OFAC, BIS, DDTC, and U.S. Customs.
Transaction and Operational Diligence: Providing national security and trade risk diligence for mergers and acquisitions (M&A), supply agreements, and commodity transactions (e.g., crude oil, natural gas, chemicals), as well as assisting clients with “Know Your Customer” best practices and inquiries from suppliers, vendors, freight forwarders, shippers, and customs brokers.
Anti-Dumping Duty (ADD) and Counter-Veiling Duty (CVD) Investigations: Advocating for the interests of clients directly and indirectly impacted by ADD and CVD investigations (as well as circumvention investigations) by the United States International Trade Commission (USITC) and the Department of Commerce (DOC)
Navigating Trade Uncertainty: Advising clients on the shifting landscape of Section 201 Tariffs, Section 232 Tariffs, Section 301 Tariffs, the United States Mexico Canada Agreement (USMCA, successor to the North American Free Trade Agreement (NAFTA)), as well as emerging export restrictions on advanced computing and artificial intelligence technology (AI), certain biotechnology, and Connected Vehicles Regulations.

Jackson Walker’s National Security and International Trade Group is Texas-based with a global perspective, having represented companies and individuals across the nation and the world. We have a deep understanding of the challenges U.S. businesses face in navigating an increasingly complex legal and regulatory landscape. We combine our expertise with a network of international partners to provide seamless legal services across borders. Our team is well-versed in the nuances of international trade law and is equipped to handle cross-border transactions and compliance matters.

Our group has a proven track record of success in advising clients on international trade and national security law matters. Some of our notable achievements include:

Sanctions Compliance: Successfully assisting a multinational corporation in navigating complex OFAC sanctions, including conducting investigations and submitting voluntary self-disclosures resulting in the avoidance of significant penalties.
Export Control Strategy: Defending clients in enforcement actions brought by BIS and DDTC and developing comprehensive export control compliance programs for technology companies in the semiconductor, biotechnology, and defense industries.
FCPA Investigation: Conducting internal investigations for clients to identify and remediate actual and potential FCPA violations.
CFIUS Approval: Securing CFIUS approval for investments by foreign investors in the quantum computing, big data industries as well as critical infrastructure.
Customs Dispute Resolution: Advising clients on compliance with U.S. Customs laws and regulations and litigation with U.S. Customs in the Court of International Trade involving classification of goods, defense of enforcement actions, and compliance with anti-dumping and countervailing duty orders.
Enforcement Defense: Successfully defending clients related to criminal investigations alleging violations of international trade and national security laws, including conducting internal investigations and drafting and submitting voluntary self-disclosures.