Cross-Border Transaction Compliance

Representative, agency, teaming, joint venture, subcontract and M&A agreements should address import and export compliance requirements, including anticorruption and export controls provisions and due diligence. Transactions must be structured to avoid unauthorized access to critical US technologies or classified US information.

Cross-border transactions may involve various notices and approvals, regulatory compliance and due diligence issues including:

• Anticorruption, export compliance and government contracts due diligence
• Clearance from the Committee on Foreign Investment in the United States (CFIUS) when the transaction involves foreign ownership in a US business
• Clearance from the US Department of Defense for transactions involving companies with security clearances
• Continuation of key government contracts
• Export controls approvals and notices
• Proscribed countries and parties under trade sanctions and other export controls provisions
• Unique anticorruption, export compliance and government contracts issues in the transaction agreement