FH+H attorneys assist domestic, foreign, and multinational clients, including individuals, small businesses, and conglomerates, in global transactions. Our team helps build sustainable businesses in some of the most challenging operating environments in the world.
Services + Solutions
Our international trade and transactions team can help you:
- Establish a business, corporation, limited liability company, general partnership, limited partnership, professional association, joint venture, or other business entity anywhere in the world.
- Draft and file corporate formation and governance documents for domestic and overseas entities.
- Organize and structure complex international business transactions, including the establishment of joint ventures, locally-owned entities, free trade zone entities, and strategic global alliances and partnerships.
- Perform timely, thorough and efficient due diligence on foreign companies, organizations, governments, individuals, and business partners to identify and prevent unlawful or inappropriate business practices, corrupt payment schemes, improper accounting procedures, and violations of the laws, rules and regulations of the United States and other applicable jurisdictions.
- Identify, manage and mitigate compliance risks associated with global trade and international transactions, including compliance with federal regulations such as the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), the Office of Foreign Assets Controls (OFAC) Regulations, and federal laws such as the Arms Export Control Act, the Foreign Corrupt Practices Act, and the Trading with the Enemy Act.
- Identify and comply with local presence requirements, including the formation of joint ventures and locally-owned entities, and the negotiation of relationships with local agents, representative offices, and public relations offices.
- Manage all aspects for Foreign Ownership Control, and Influence (FOCI) mitigation obligations, including the drafting and negotiating of Board Resolutions, Special Security Agreements (SSAs), Security Control Agreements (SCAs), Proxy Agreements (PAs), Voting Trust Agreements (VTAs), Visitor Control Plans (VCPs), Electronic Control Plans (ECPs), and related documents.
- Provide for the establishment of Government Security Committees (GSC), including identification of cleared Outside Board Members, and identification of obligations and processes to protect against disclosure of classified or sensitive information.
- Understand the roles of the various U.S. federal agencies in administering and regulating the import and export of goods, information, and services to and from the United States, including the interplay between and among the U.S. Department of State, Directorate of Defense Trade Controls (DDTC), and the U.S. Department of Commerce, Bureau of Industry and Security (BIS).
- Determine whether an export license under the ITAR or the EAR may be required in connection with the export of goods, information, or services from the U.S. and, if so, draft and submit the necessary export license applications.
- Develop and implement an export compliance program and manual, and deliver export compliance training to staff and other personnel.
- Structure, and draft and negotiate, contracts with foreign customers worldwide, including those emerging markets in the Middle East and North Africa, Sub-Saharan Africa, Eastern Europe, and East Asia.
- Respond to foreign solicitations and requests for proposals, and draft and negotiate agreements in support of the international bid-and-proposal process.
- Identify and comply with obligations associated with Foreign Military Sales (FMS), Foreign Military Funding (FMF), Direct Commercial Sales (DCS), and Section 1206 funding.
- Develop comprehensive and implementable anti-corruption programs.
- Identify investments or acquisitions that may require notification to the Committee on Foreign Investment in the United States (CFIUS) and, advise on and complete the CFIUS review and approval process.
- Develop a comprehensive understanding of the risks involved in establishing a footprint in a non- permissive legal environment and implement mechanisms to mitigate such risks.
- Resolve legal disputes in countries where a U.S. presence is minimal or non-existent.
- Respond to export investigations or inquiries by DDTC, BIS, OFAC, or other U.S. federal agencies including the Department of Justice and the Securities and Exchange Commission.
Experience + Capabilities
FH+H lawyers provide elite, efficient, and effective advice on all matters involving global trade and international transactions. Our international trade and transactions team routinely leverages its legal, accounting, business administration and management expertise to provide creative solutions to even the most complex transactional challenges. Having spent significant time operating overseas in civilian and non-civilian capacities, FH+H lawyers are familiar with the obstacles of establishing and preserving an international business.
- FH+H lawyers have negotiated hundreds of transactions in major industries, including the defense, intelligence, security, government contracting, technology, aviation, retail, financial services, software, agriculture, energy, healthcare and life sciences sectors.
- FH+H lawyers routinely structure and form corporate entities in foreign jurisdictions. We have particular expertise in Africa (including in the MENA region) and Asia, and are comfortable navigating the legal landscape in some of the most austere operating environments in the world.
- FH+H lawyers have repeatedly sat side-by-side with their clients to structure and negotiate complex transactions and contracts directly with representatives of foreign companies and governments.
- FH+H lawyers bring their corporate, financial, and accounting backgrounds to bear on all efforts, thus ensuring that their clients receive a sophisticated solution that makes good business sense.
- FH+H lawyers have ensured that their clients comply with U.S. export control regulations such as the International Traffic in Arms Regulations and the Export Administration Regulations.
- FH+H lawyers have helped their clients establish a foreign footprint by identifying and navigating local presence obligations
- FH+H lawyers have served as counsel to both buyers and sellers on high value foreign mergers and acquisitions requiring CFIUS notification, review, and approval.
- FH+H lawyers have liaised in non-permissive legal environments with foreign governments and their ministries to obtain the requisite permits and licenses for their clients’ international business operations.
- FH+H has six attorneys who hold personnel security clearances, and three combat veterans who have served in Iraq and Afghanistan.
Successes + Clients
Note: Case results depend on a variety of unique factors, and do not guarantee or predict similar results for future cases.
- FH+H attorneys have obtained approvals to lawfully export over $750 million in defense articles, technical data, defense services and dual-use commodities to numerous countries in the Middle East, North Africa, Europe, Asia, South America, and North America; including approvals for exports to highly scrutinized locations such as Libya, South Sudan, an Democratic Republic of Congo.
- FH+H attorneys negotiated, structured, and closed a complex, multi-million dollar international transaction with the Kingdom of Saudi Arabia on behalf of a U.S. aerospace company.
- FH+H attorneys represented a the Government of Afghanistan in a complex, multi-million dollar corporate transaction with a foreign government involving the export of U.S.-sourced defense articles from the United States.
- FH+H lawyers structured, formed, and assisted in initial operations of a locally-owned limited liability company in Abu Dhabi, United Arab Emirates. This included identification and management of a local partner.
- FH+H attorneys performed comprehensive international due diligence support to a U.S. defense contractor and subcontractor, in connection with a multi-million dollar merger and acquisition effort involving parties in Europe, North America, and the Middle East.
- FH+H has secured approval from the CFIUS for numerous transactions involving acquisition of U.S. entities providing highly classified products and services to the US Government, and worked with clients to establish internal processes and procedures to ensure protection of all classified information.
- FH+H attorneys negotiated and advised on a contract with the Government of Ukraine.
To learn more about how FH+H lawyers can help with your international transaction or compliance issue, please contact one of our professionals.