March 22, 2022
The United States and the European Union have issued or announced new export controls targeting Russia, Belarus, and the Russia-backed separatist regions of Ukraine known as the Donetsk People’s Republic and the Luhansk People’s Republic. These new controls include a substantial expansion of item-based licensing requirements, an extension of export licensing requirements to new products using or made with certain controlled software and technology, an expansion of military end use and end user controls, changes to the license review policy, and the modification of existing license exceptions for the Russia- and Belarus-specific context. More recent changes include prohibitions on the export of oil and gas refining equipment, bank notes, and luxury goods.
These changes, and concurrent Entity List designations, reflect significant export controls cooperation both internationally and between U.S. government agencies. As tensions continue to rise, we will likely see more series of tools from the NATO countries and their allies to exert economic pressure on Russia to deescalate the ongoing crisis in Ukraine and withdraw its army from Ukraine’s borders. Hear from our experts about these developments and how companies should proactively assess their exposure to the export controls measures being discussed.
View Slides (PDF)
David Burns is Co-Chair of the firm’s National Security Practice Group and a partner in the Washington, D.C. office. He previously served in senior positions in both the Criminal Division and National Security Division of the U.S. Department of Justice, most recently as Acting Assistant Attorney General of the Criminal Division. Mr. Burns represents corporations and executives in federal, state, and regulatory investigations involving sanctions and export controls, theft of trade secrets and economic espionage, securities and commodities fraud, international and domestic cartel enforcement, and other health care, government contracting, and accounting fraud matters.
Patrick Doris is a partner in the London office advising financial sector clients and others on OFAC and EU sanctions violations, responses to major cyber-penetration incidents, and other matters relating to national supervisory and regulatory bodies. Mr. Doris’ practice also includes transnational litigation, cross-border investigations, and compliance advisory for clients including major global investment banks, global corporations, leading U.S. operators in the financial sectors, and global manufacturing companies, among others.
Christopher T. Timura is Of Counsel in the Washington D.C. office. He counsels clients on compliance with U.S. and international customs, export controls, and economic sanctions law and represents them before the departments of State (DDTC), Treasury (OFAC and CFIUS), Commerce (BIS), Homeland Security (CBP and ICE), and Justice in voluntary and directed disclosures, civil and criminal enforcement actions and investment reviews. Working with in-house counsel, boards, and other business personnel, he helps to identify and leverage existing business processes to integrate international trade compliance, and CSR-related data gathering, analysis, investigation, and reporting throughout client business operations.
Richard Roeder is an associate in the Munich office who was previously seconded to the Washington, D.C. office and worked with the firm’s U.S. sanctions and export control team and assisted clients in managing the challenges posed by the divergence between U.S. and EU economic and financial sanctions. He advises clients in the banking, insurance, automotive, mining, oil and gas, healthcare and information technology industries in the areas of sanctions, anti-money-laundering and anti-corruption compliance.
Lindsay Wardlaw is a consultant at Amalie Trade Compliance Consulting. Ms. Wardlaw advises clients on building and enhancing their trade compliance programs. Previously, Ms. Wardlaw worked as an associate at Gibson Dunn in the Washington, D.C. office, specializing in export controls, sanctions, antiboycott, customs, and CFIUS matters.
© 2022 Gibson, Dunn & Crutcher LLP
Attorney Advertising: The enclosed materials have been prepared for general informational purposes only and are not intended as legal advice.