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The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.

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November 6, 2018 | 8:30 AM - 10:00 AM

38th Floor Two Exchange Square, 8 Connaught Place, Central, Hong Kong

Overview (Program Summary)

A program hosted by:

ACC Hong Kong

The ACC Hong Kong Board of Directors invites you to the following presentation, hosted by Miller & Chevalier.

Miller & Chevalier

Food and drinks will be provided. 1 Law Society of Hong Kong CPD point has been applied for. New York and California Approved Jurisdiction policy may apply.

TOPIC: United States Export Controls and Economic Sanctions

  • Practical Tips for Spotting and Addressing U.S. Enforcement Red Flags
  • China Enforcement Update
  • Update on U.S. Secondary Sanctions Against Iran
  • Russian Sanctions
  • U.S. Regulation of Foreign Direct Investment

Under the Trump administration, 2018 has seen major shifts in U.S. enforcement of its sanctions and export control laws, as well as increased scrutiny on foreign direct investment emanating from China and Hong Kong.  The U.S. enforcement focus on China in the midst of full-scale trade war remains strong, as does its focus on North Korea despite recent developments on the diplomatic front.  We have also seen aggressive steps taken to reimpose and enforce secondary sanctions on non-U.S. persons conducting business in Iran and Russia.  This seminar is designed to help in-house counsel identify potential U.S. enforcement risks as early as possible, in the face of increasingly complex legal rules, and know what steps to take to investigate and remediate them efficiently and appropriately in order to reduce or eliminate the possibility of potentially damaging U.S. government action.


Speakers

Timothy O'Toole Timothy P. O’Toole



Timothy P. O'Toole counsels and defends clients in white collar criminal matters, conducts internal corporate investigations, and represents potential witnesses and targets in government investigations. Although Mr. O'Toole has substantial experience in all areas of white collar practice, his main focus is on economic sanctions and export controls. Mr. O'Toole represents companies and individuals at all stages of the process, including enforcement actions brought by the Treasury Department's Office of Foreign Asset Control (OFAC), the Commerce Department's Bureau of Industry and Security (BIS) and the U.S. Department of Justice (DOJ). Mr. O'Toole conducts due diligence investigations regarding trade issues in connection with mergers and acquisitions and represents companies before the Committee on Foreign Investment in the United States (CFIUS). He also provides companies and individuals with advice on compliance with the U.S. economic sanctions and export controls laws, and interacts regularly with OFAC and BIS in that capacity.

Brian J. Fleming Brian J. Fleming



Brian Fleming's practice encompasses a wide range of matters at the intersection of international trade and national security with an emphasis on export controls and economic sanctions, foreign direct investment, and cybersecurity. In particular, Mr. Fleming focuses on compliance and disclosure issues concerning the regulatory regimes administered by the Treasury Department's Office of Foreign Assets Control (OFAC), the State Department's Directorate of Defense Trade Controls (DDTC), and the Commerce Department's Bureau of Industry and Security (BIS). Mr. Fleming also conducts internal investigations and defends companies and individuals against enforcement actions brought by those agencies and the Department of Justice (DOJ).




Mr. Fleming's practice also focuses on guiding domestic and international companies through the Committee on Foreign Investment in the United States (CFIUS) process from pre-filing consultations through the formal review and investigation and the management of mitigation agreements. Mr. Fleming brings his experience with cybersecurity matters to bear in his CFIUS practice, as those areas intersect frequently. Mr. Fleming also concentrates on counseling companies with respect to cybersecurity planning and preparedness, data breach response and remediation, and related compliance and disclosure obligations.

 

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