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Litigation & Investigations International Trade & National Security

Logistics and transportation of Container Cargo ship and Cargo plane with working crane bridge in shipyard at sunset, logistic import export and transport industry background

Overview

Compliance issues and enforcement actions arise in many contexts for businesses and academic institutions that export or import equipment, software or technology, seek foreign investment, supply goods or services to the U.S. government, or employ foreign nationals in the United States. The issues are varied and cut across the jurisdictions of several departments and agencies of the U.S. government, including the Departments of Commerce, State, Treasury, and Defense as well as the Department of Justice.

Hinckley Allen’s International Trade & National Security group, has decades of experience in essentially every aspect of practice, policy and trade-related national security issues. Our team is led by Stephanie Siegmann, former National Security Chief in the United States Attorney’s Office for the District of Massachusetts (MA USAO). During Stephanie’s almost 20 year tenure, including serving as the MA USAO’s first female National Security Chief, she prosecuted and oversaw the investigation of hundreds of violations of U.S. export laws and sanction regulations. Our talented group of attorneys is poised to assist with the many timely, complex global issues faced by companies and individuals.

What We Do

Our International Trade & National Security team has extensive knowledge and experience in all areas involving the regulation of international trade, oversight of investment and financial transactions, and enforcement of national security-related laws and regulations.

Our team provides practical, strategic, and effective advice to clients from a wide variety of industries in connection with international trade and national security regulatory regimes, including: 

  • The Arms Export Control Act (AECA) and the International Traffic in Arms Regulations (ITAR)
  • The Export Control Reform Act of 2018 (ECRA) and the Export Administration Regulations (EAR)
  • Economic Sanctions administrated by the Department of Treasury’s Office of Foreign Assets Control (OFAC)
  • The Foreign Trade Regulations (FTR)
  • The Anti-Smuggling Statutes – 18 U.S.C. §§ 545 (smuggling goods into the US) and 554 (smuggling goods outside of the US)
  • Sections 301-310 of the Trade Act of 1974
  • Section 307 of the Tariff Act of 1930 Prohibiting Imports produced by Forced Labor
  • Foreign Agents Registration Act (FARA) and Acting as an Agent of a Foreign Government in the US – 18 U.S.C. § 951
  • The Foreign Corrupt Practices Act (FCPA)
  • The False Claims Act (FCA)
  • The Committee on Foreign Investment in the United States (CFIUS)

Services

The ever-changing landscape of regulatory requirements presents our clients with ongoing compliance challenges requiring timely, in-depth analyses, and we offer a variety of services, such as:

  • Conducting internal investigations and audits; 
  • Conducting due diligence reviews in the pre-acquisition context and advising on the impact of export controls in complex transactions;
  • Providing advice and assistance in responding to administrative and grand jury subpoenas; 
  • Defending against criminal and administrative enforcement actions;
  • Advising on complex export control regulatory issues such as jurisdictional (Commerce Control List vs. U.S. Munitions List) and classification matters;
  • Assisting in obtaining export licenses and advisory opinions from governmental agencies; 
  • Preparing voluntary self-disclosures to governmental agencies (when necessary) and responding to governmental inquiries; 
  • Developing and implementing internal compliance programs and technology control plans; and
  • Providing in-house training on export control and economic sanctions compliance and related regulatory regimes. 

Case Studies

Hinckley Allen Team Fends off $1B False Claims Act Claim

Hinckley Allen client, SYNNEX Corp., a distributor of information technology products, prevailed in a False Claims Act case in which the plaintiff claimed that it violated the Trade Agreements Act when it sold products to the federal government as part of …

Newsroom

Publication

US launches counterattack in battle over data

March 19, 2024

What is the impact of the latest Executive Order (EO-14117), aimed at preventing "countries of concern" from gaining access to U.S. sensitive personal data? Chair of the International Trade & National Security practice, B. Stephanie Siegmann shares her…

Publication

Jack Teixeira Pleads Guilty to Massive Leak of Pentagon Secrets

March 8, 2024

B.She described the potential sentence of 16 years under the plea agreement for the willful retention and transmission of national defense information as one of the longest sentences ever imposed for this type of conduct. “The secrets that he posted abou…

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Firm News

Hinckley Allen Adds National Security Expert B. Stephanie Siegmann to its Litigation Team

March 7, 2022

Hinckley Allen today announced that B. Stephanie Siegmann has joined the firm as a litigation partner and Chair of the International Trade & Global Security practice in its Boston office.“Stephanie is another outstanding hire for our Firm and will be…