International Trade

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Government Shutdown Update – Sanctions, Export Controls and Other International Trade Operations

The U.S. Government is now approaching the second week of a partial shutdown. The agencies responsible for administering U.S. sanctions, export controls, and other trade-related functions are among those affected, and have substantially reduced their operations.

Client Alert | January 4, 2019

New Export Controls on Emerging Technologies – 30-Day Public Comment Period Begins

On Monday, the Trump administration took the first step toward imposing new controls on the export of cutting-edge technologies.  Pursuant to the Export Control Reform Act of 2018 ("ECRA"), the U.S. Department of Commerce's Bureau of Industry and Security ("BIS") published a request for the public's assistance in identifying "emerging technologies" essential for U.S. national security that should be subject to new export restrictions.

Client Alert | November 21, 2018

Brexit – The Draft Divorce Deal and Its Fall-Out

Negotiators for the European Union and the United Kingdom have agreed a draft withdrawal agreement that sets out how and when the UK will leave the EU (commonly known as "Brexit").  A separate, non-binding draft declaration sets out the aspirations for the future trading relationship.

Publications | November 19, 2018

Iran Sanctions 2.0: The Trump Administration Completes Its Abandonment of the Iran Nuclear Agreement

Six months ago, President Donald Trump announced his decision to abandon the 2015 Iran nuclear deal—the Joint Comprehensive Plan of Action (the "JCPOA")—and re-impose U.S. nuclear-related sanctions on the Iranian regime. The second and final wind-down period for those sanctions expired on November 5, 2018, triggering the "snap back" of remaining U.S. secondary sanctions on Iran's oil, energy, and financial sectors, among other measures. 

Client Alert | November 9, 2018

U.S. News – Best Lawyers® Awards Gibson Dunn 132 Top-Tier Rankings

U.S. News – Best Lawyers® awarded Gibson Dunn Tier 1 rankings in 132 practice area categories in its 2019 “Best Law Firms” [PDF] survey. Overall, the firm earned 169 rankings in nine metropolitan areas and nationally.

Firm News | November 1, 2018

Webcast: CFIUS Reform and the Implications for Real Estate Transactions

On August 13, 2018, President Trump signed legislation that will significantly expand the scope of inbound foreign real estate investments subject to review by the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”).

Webcasts | October 18, 2018

OFAC Issues Economic Sanctions Guidance on Digital Currencies

Over the last several months, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) has expressed a clear interest in protecting the U.S. financial system from illicit activities in the digital currency space and has posited that transactions involving digital currencies be treated similarly to transactions involving traditional fiat currency.

Client Alert | October 5, 2018

U.S. Authorizes Sanctions for Election Interference

In a recent client alert we foreshadowed the Trump administration taking an aggressive stance on its sanctions policy in the lead-up to the U.S. midterm elections in November.

Client Alert | September 25, 2018

The Trump Trade Tariffs: A Roadmap for Private Equity Executives

Navigating Uncertainty and Volatility for Your Portfolio Companies As the daily headlines attest, trade tariffs – both those recently implemented and those currently pending or contemplated – continue to create a dynamic and challenging business environment, including for portfolio companies of private equity sponsors.

Client Alert | August 21, 2018

CFIUS Reform: Our Analysis

On August 13, 2018, President Trump signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (“FY 2019 NDAA”), an omnibus bill to authorize defense spending that includes—among other measures—legislation that will significantly expand the scope of inbound foreign investments subject to review by the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”).

Client Alert | August 14, 2018

The “New” Iran E.O. and the “New” EU Blocking Statute – Navigating the Divide for International Business

On August 6, 2018, President Donald Trump issued a new executive order authorizing the re-imposition of certain Iran-related sanctions.

Client Alert | August 9, 2018

Developments in the Defense of Financial Institutions

To Disclose or Not to Disclose: Analyzing the Consequences of Voluntary Self-Disclosure for Financial Institutions One of the most frequently discussed white collar issues of late has been the benefits of voluntarily self-disclosing to the U.S.

Client Alert | July 12, 2018

2018 Mid-Year FCPA Update

The steady clip of Foreign Corrupt Practices Act ("FCPA") prosecutions set in 2017 has continued apace into the first half of 2018, largely quieting any questions of enforcement of this important statute under the current Administration.

Client Alert | July 9, 2018

Trump Administration Revokes Primary Sanctions Relief Provided by the Iran Nuclear Agreement and Signals Strict Sanctions Enforcement

On June 27, 2018, the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") announced it was taking further steps to implement the U.S.

Client Alert | July 2, 2018

Acting Associate AG Panuccio Highlights DOJ’s False Claims Act Enforcement Reform Efforts

On June 14, 2018, Acting Associate Attorney General Jesse Panuccio gave remarks highlighting recent enforcement activity and policy initiatives by the Department of Justice ("DOJ").

Client Alert | June 20, 2018

Revisions to the FFIEC BSA/AML Manual to Include the New CDD Regulation

On May 11, 2018, the federal bank regulators and the Financial Crimes Enforcement Network ("FinCEN") published two new chapters of the Federal Financial Institution Examination Council Bank Secrecy Act/Anti-Money Laundering Examination Manual ("BSA/AML Manual") to reflect changes made by FinCEN to the CDD regulation.

Client Alert | June 14, 2018

President Trump Issues Additional Sanctions Further Targeting PdVSA and the Government of Venezuela

On May 21, 2018, in response to the reelection of Venezuelan President Nicolás Maduro, President Donald J. Trump imposed additional sanctions against the Government of Venezuela.

Client Alert | May 31, 2018

Update on Proposed Changes to the CFIUS Review Process

After six months of wrangling over the fate of a proposal to modernize the process by which the Committee on Foreign Investment in the United States ("CFIUS" or the "Committee") reviews foreign investment in the United States, the U.S.

Client Alert | May 30, 2018

The EU Responds to the U.S. Withdrawal from the Iran Deal

A look at the European reaction to President Donald Trump's decision to re-impose certain sanctions on Iran after exiting the Iran nuclear deal, or Joint Comprehensive Plan of Action.

Client Alert | May 21, 2018

The Trump Administration Pulls the Plug on the Iran Nuclear Agreement

On May 8, 2018, President Donald Trump announced his decision to abandon the 2015 Iran nuclear deal—the Joint Comprehensive Plan of Action (the "JCPOA")—and re-impose U.S.

Client Alert | May 9, 2018

Webcast: Anti-Money Laundering and Sanctions Enforcement and Compliance in 2018 and Beyond

Gibson Dunn partners provide an overview of significant trends and key issues in Bank Secrecy Act (BSA)/Anti-Money Laundering (AML) and sanctions enforcement and compliance.

Webcasts | May 3, 2018

FinCEN Issues FAQs on Customer Due Diligence Regulation

On April 3, 2018, FinCEN issued its long-awaited Frequently Asked Questions Regarding Customer Due Diligence Requirements for Financial Institutions, FIN-2018-G001.

Client Alert | April 23, 2018

Trump Administration Imposes Unprecedented Russia Sanctions

On April 6, 2018, the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") significantly enhanced the impact of sanctions against Russia by blacklisting almost 40 Russian oligarchs, officials, and their affiliated companies pursuant to Obama-era sanctions, as modified by the Countering America's Adversaries Through Sanctions Act ("CAATSA") of 2017.

Client Alert | April 12, 2018

United States Implements Increased Tariffs on Steel and Aluminum Imports: Exclusion Relief Possible

Effective this morning, the United States implemented the increased tariffs on steel and aluminum imports that President Trump announced on March 8, 2018 in Presidential Proclamations implementing findings issued by the Commerce Department under Section 232 of the Trade Expansion Act of 1962, which allows the President to order a national security – focused investigation on the impacts of specified imports and, based upon the findings of the investigation, to impose tariffs without Congressional approval.

Client Alert | March 23, 2018

Webcast: U.S. Economic and Trade Sanctions Against Venezuela – the Outlook for 2018

This 90-minute complimentary webinar will provide a deep dive into the U.S. economic and trade sanctions against Venezuela, including a review of the most recent developments and a forecast of what may be in store for 2018.

Publications | March 13, 2018

2017 Year-End Sanctions Update

A year ago this week, we assessed that the newly-minted Trump administration could follow through on the President's campaign promises and alter several sanctions programs administered by the U.S.

Client Alert | February 5, 2018

U.S. and International Policy Convergence Brings Supply Chain Diligence on Labor Trafficking to the Fore

During the Obama Administration, a number of legal and regulatory developments placed a new premium on the importance of ensuring that supply chains did not include items produced with forced labor or otherwise involve human trafficking.

Client Alert | November 30, 2017

Trump Administration Implements Congressionally Mandated Russia Sanctions – Significant Presidential Discretion Remains

Over the past few weeks the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC") and the U.S. State Department have issued their first round of guidance documents concerning how the Trump Administration will implement the "Countering America's Adversaries Through Sanctions Act" (H.R.

Client Alert | November 21, 2017

Cuba Sanctions: The Trump Administration Takes Steps to Implement Rollback of Obama Era Sanctions Relief

On November 8, 2017, the Treasury Department's Office of Foreign Assets Control ("OFAC"), the Commerce Department's Bureau of Industry and Security ("BIS"), and the State Department released amendments to the Cuban Assets Control Regulations ("CACR") and Export Administration regulations ("EAR"), effective November 9, 2017, implementing President Trump's June 16, 2017 National Security Presidential Memorandum ("NSPM"), "Strengthening the Policy of the United States Towards Cuba." Additionally, while certain transactions with Cuban parties by U.S.

Client Alert | November 16, 2017

Proposed Changes to the CFIUS Review Process

On November 8, 2017, a bipartisan group of lawmakers introduced a long-awaited bill that could significantly alter the process by which the Committee on Foreign Investment in the United States ("CFIUS" or the "Committee") reviews foreign investment in the United States.

Client Alert | November 10, 2017

Webcast: IPO and Public Company Readiness: Regulatory Compliance Issues

​Public companies face unique challenges as they confront and seek to manage OFAC, AML and FCPA compliance risk. Disclosure obligations and market reactions can intensify the pressures arising from alleged or actual violations of these laws.

Webcasts | November 1, 2017

Trump Decertifies the Iran Deal, Creating Both New Uncertainties and Potentially Unexpected Clarity

On Friday, October 13, 2017, President Trump announced a significant change in U.S. policy towards Iran by declaring his intention to refuse to certify to Congress that the 2015 Iran nuclear deal was in the national security interests of the United States.

Client Alert | October 16, 2017

In Latest Salvo, the Trump Administration Pressures Non-U.S. Companies and Persons to Cut Financial and Business Ties with North Korea

On September 20, 2017, the Trump Administration issued a new Executive Order No. 13810, imposing additional sanctions on the Democratic People's Republic of Korea ("DPRK" or "North Korea"), with dramatic implications for foreign persons involved in North Korean trade.

Client Alert | September 26, 2017

Trump Administration Rescinds Deferred Action for Childhood Arrivals (DACA) Program

On September 5, 2017, the Trump Administration announced the termination of the Deferred Action for Childhood Arrivals program ("DACA").  Attorney General Jeff Sessions announced the Administration's decision in remarks delivered on Tuesday morning.  Acting Secretary of Homeland Security Elaine Duke subsequently issued a memorandum formally rescinding the program, after which the White House issued a separate statement explaining President Trump's decision.

Client Alert | September 5, 2017

President Trump Issues New Sanctions Targeting Certain Activities of PdVSA and the Government of Venezuela

Continuing an active month of increased sanctions pressure on Venezuela, on August 24, 2017, President Donald J. Trump issued an executive order imposing a unique set of sanctions targeting transactions involving debt and equity of the Venezuelan government, including Venezuela's state-owned oil company Petroleos de Venezuela, S.A.

Client Alert | September 1, 2017

Congress Seeks to Force (and Tie) President’s Hand on Sanctions Through Passage of Significant New Law Codifying and Expanding U.S. Sanctions on Russia, North Korea, and Iran

Last month, we wrote to you about a "Blockbuster Week in U.S. Sanctions" during which the Senate overwhelmingly approved of a bill that would expand sanctions imposed against Iran and Russia.

Client Alert | July 28, 2017

Update on Immigration Executive Order

Gibson Dunn previously issued several client alerts regarding President Trump's January 27, 2017 and March 6, 2017 Executive Orders restricting entry into the United States for individuals from certain nations and making other immigration-related policy changes.

Client Alert | June 29, 2017

A Blockbuster Week in U.S. Sanctions

In the aftermath of the 2016 U.S. presidential election, many of you asked us how U.S. sanctions would change under the Trump Administration.  Pointing to President Trump's extensive criticism of former President Barack Obama's foreign policy, we predicted significant developments with the Iran and Cuba sanctions programs, and noted that Congress might make its own attempts to force the President's hand with respect to sanctions on the Russian Federation.  These predictions have borne out.  In the space of one week, the U.S.

Client Alert | June 19, 2017

Economic Sanctions Developments in the Early Trump Administration

As we pass the four-month mark of the Trump Administration, uncertainty remains regarding how the new administration will implement its international trade agenda.  In light of President Trump's strong campaign criticisms of President Obama's trade policies, we continue to vigilantly monitor all developments surrounding the new administration's economic sanctions policies.  Despite strong rhetoric to the contrary, early developments within the U.S.

Client Alert | June 12, 2017

Competing Interests Weigh Against Broad Import Controls on Steel Imports After Section 232 Public Hearing

On May 24, 2017, representatives of steel companies, manufactures, trade associations, several sovereign countries, and the U.S.

Client Alert | June 9, 2017

Iran Sanctions Update – Status Quo So Far, Uncertainty Remains

U.S. presidential candidate Donald J. Trump's oft-repeated criticism of President Obama's Iran diplomacy and the resulting nuclear deal, the Joint Comprehensive Plan of Action ("JCPOA"), led many observers to conclude that President Trump would move quickly to dismantle the agreement and the significant sanctions relief that came with it.

Client Alert | May 23, 2017

Court Orders Block Implementation of New Immigration Executive Order

Gibson Dunn previously issued several client alerts regarding President Trump's January 27, 2017 and March 6, 2017 Executive Orders restricting entry into the United States for individuals from certain nations and making other immigration-related policy changes.

Client Alert | March 16, 2017

Analysis of March 6, 2017 Executive Order on Immigration

Gibson Dunn previously issued several client alerts regarding President Trump's January 27, 2017, Executive Order restricting entry into the United States for individuals from certain nations and making other immigration-related policy changes.

Client Alert | March 7, 2017

Recent Developments in Counterfeiting

​Washington, D.C. partner Howard Hogan is the author of "Recent Developments in Counterfeiting," published by The Luxury Law Alliance on February 24, 2017.

Article | February 24, 2017

Over Reliance on Sanctions Will Not Help Anyone’s Cause

​Washington, D.C. partner Adam Smith is the author of "Over Reliance on Sanctions Will Not Help Anyone's Cause," [PDF] published by Gulf News on February 21, 2017.

Article | February 21, 2017

Ninth Circuit Court of Appeals Issues Opinion Upholding Nationwide TRO of January 27 Immigration-Related Executive Order

On Monday, January 30, 2017, Gibson Dunn issued a client alert regarding President Trump's January 27 Executive Order restricting entry into the United States for individuals from certain nations, and making other immigration-related policy changes.

Client Alert | February 10, 2017

Webcast: Tectonic Shifts in the Landscape of Economic Sanctions: Will the Pace of Change in 2016 Continue?

​This briefing highlights recent developments and emerging issues with respect to economic and trade sanctions. Topics discussed include: A Detailed Look at the Iran Nuclear Deal:

Webcasts | February 8, 2017

2016 Year-End Sanctions Update

2016 was a pivotal year in global sanctions implementation, relaxation and enforcement. Against a backdrop of rising nationalism, the international community rallied behind the Joint Comprehensive Plan of Action ("JCPOA"), a deal to ease sanctions on Iran in exchange for limitations on the country’s nuclear program.

Client Alert | February 6, 2017

New Sanctions Against Iran

Less than 48 hours after President Donald J.

Client Alert | February 3, 2017

Recent Developments Regarding Executive Order on Immigration

On Monday, January 30, 2017, Gibson Dunn issued a client alert regarding President Trump's January 27 Executive Order restricting entry into the United States for individuals from certain nations and making other immigration-related policy changes.

Client Alert | February 1, 2017