International Business Lawyer in Denver, CO

ITAR & EAR Compliance

The U.S. Departments of Defense and Commerce restrict transfers of military and dual-use equipment and technical data outside the U.S. These rules cover everything from weapons to encryption software. Businesses that need ITAR and EAR compliance programs include:

• Defense contractors
• Suppliers to defense contractors
• Manufacturers of dual-use technology that could power military technology

Sequoia Legal determines whether ITAR and EAR apply and develops compliance plans if needed.

OFAC Economic Sanctions Compliance

All nations use sanctions and embargoes in their foreign relations. The Office of Foreign Assets Control currently has sanctions in place in at least a dozen countries, and it expects companies like yours to research where you can and cannot do business.

The OFAC list is always subject to change. The shifting lists of people, businesses, and countries subject to sanctions expose your business to accidental sanctions violations.

OFAC lawyers from Sequoia Legal can review the jurisdictions where you do business. We also look at the businesses and individuals with whom you work. The firm develops an economic sanctions compliance plan and trains your officers and employees to spot potential economic sanctions issues.

International Trade & Cross-Border Transactions

Any time you transfer currency, stock, property, or other financial obligations across an international border, you must comply with international trade law. Your business will probably need to report the transaction to the appropriate customs authorities and pay any import or export duties imposed on the deal.

In addition to the possible tax implications of these deals, you must prepare for multi-jurisdictional legal issues. A skilled attorney from Sequoia Legal can negotiate contract terms, dispute resolution mechanisms, and enforcement provisions before your transaction and ensure your business is fully protected if any disputes arise.

CFIUS Regulations of Foreign Investments

The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee that oversees investments in U.S. companies by foreign entities. 

Whether you are an international investor acquiring shares in a U.S. company or a domestic business seeking foreign investment, you need to assess your risk of a CFIUS review and a plan to facilitate the approval of your deal.

An attorney from Sequoia Legal can guide you through the CFIUS review process and work with all parties to the investment to submit all the information required for approval.

Voluntary Self-Disclosure

Penalties for violating OFAC or EAR include fines and penalties. If the violation was committed knowingly, the business and its principals could face federal criminal charges.

To mitigate your company's potential liability, the U.S. Department of Justice allows you to have an international corporate lawyer voluntarily self-disclose a violation. This program helps you avoid enforcement actions when you and your company face potential liability for violations.

FCPA & Anti-Corruption

Doing business in a foreign country sometimes requires questionable actions. The Foreign Corrupt Practices Act (FCPA) prohibits companies from using company money to bribe foreign officials. It also requires every business to maintain records to prove it has not violated FCPA.

Avoiding FCPA requires a compliance program and aggressive training of your employees. Sequoia Legal is well-versed in FCPA compliance and will help you avoid getting entangled in FCPA regulatory matters.

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