CFIUS and FINSA Hot Topics

Laura Fraedrich represents clients in a broad range of export control, customs, and trade remedy matters. She advises and represents clients with respect to export control matters, including issues related to the International Traffic in Arms Regulations, the Export Administration Regulations, and the various embargoes administered by the Office of Foreign Assets Control. She also represents importers in all types of U.S. customs matters, including ruling requests, prior disclosures, protests, penalties, seizures, liquidated damages, and audits covering classification, valuation, country of origin, and trade preference issues. Her trade remedy experience includes antidumping and countervailing duty matters, Section 201 and Section 421 proceedings, and Section 337 cases. Antidumping and countervailing duty experience extends to all areas of such proceedings at both the U.S. Department of Commerce and the U.S. International Trade Commission, including investigations, administrative reviews, sunset reviews, scope inquiry proceedings, and changed circumstances reviews, as well as NAFTA panel reviews. She also assists companies in evaluating whether to seek clearance for foreign acquisitions in the United States and prepares joint notifications to the Committee on Foreign Investment in the United States. Finally, she counsels clients with respect to the Foreign Corrupt Practices Act and represents their interests before U.S. enforcement agencies.

Paul Marquardt is a partner based in the Washington, D.C. office of Cleary Gottlieb Steen & Hamilton LLP. Mr. Marquardt’s practice covers a broad range of cross-border transactional and regulatory matters. His transactional practice focuses on private equity investments, mergers and acquisitions, and joint ventures, particularly in the financial sector. Mr. Marquardt also has extensive experience in foreign investment review, economic sanctions, and anticorruption issues arising in cross-border transactions. He regularly advises sophisticated international clients regarding the application of U.S. sanctions and export control legislation and regulations, as well as diligence, compliance, and enforcement matters under the Foreign Corrupt Practices Act and other anti-bribery legislation. Mr. Marquardt is also a leading specialist in reviews by the Committee on Foreign Investment in the United States (CFIUS) and has represented clients in a number of high-profile matters.

Bill Newman advises his clients on the structuring and execution of sophisticated business and securities transactions. Bill often is involved with mergers and acquisitions and joint ventures on behalf of Barton’s clients, many of whom are based or controlled outside the United States. He has considerable expertise regarding inbound investments in the United States and inbound acquisitions of U.S. businesses, including CFIUS regulation. He has dealt with CFIUS in several transactions, including a transaction involving the U.S. defense industry. Bill also actively represents operating businesses, start-up businesses, investment funds and individual investors across a wide variety of industries, including financial services, investment management, real estate, information technology, media, marketing, life sciences, software, manufacturing and distribution. Bill assists emerging growth companies in accessing US capital markets, using his expertise with the SEC’s rules.

Kenneth J. Nunnenkamp, a partner in Jones Day’s Washington D.C. Office, represents clients in national security matters before numerous U. S. government agencies. He has extensive CFIUS experience, having filed submissions with CFIUS for numerous transactions, and advising clients across the globe with respect to CFIUS’ applicability to foreign direct investments. Ken regularly speaks and writes on CFIUS and export control and compliance issues. In addition, Ken assists clients with export and import compliance investigations, audits and transactional due diligence; often involving cross-border transactions, including Customs compliance investigations and voluntary disclosures submitted to various agencies (i.e., the State, Commerce, Treasury, and Homeland Security Departments (including Customs and Border Patrol)). He has advised clients on these matters in a range of business sectors, including the space, missile, computer, software, outsourcing, retail, consumer products, chemical, aircraft and aircraft components, marine, and defense services industries