Sanctions & Regulatory Risk

The imposition of economic sanctions and other regulations is casting ever wider nets and affecting more cross-border transactions and investors in today’s global economy than ever before. From data protection to foreign investment screening, States increasingly have recourse to a variety of geoeconomic regulatory tools to advance their global policy agendas. We help our clients navigate the legal and practical consequences of this evolving regulatory landscape.

We advise on matters relating to:

—Compliance with applicable regulatory regimes and implementation of practical steps to avoid falling afoul of sanctions and other regulations, as well as the consequences of any violations

—The impact of new sanctions on existing investments and activities involving sanctioned entities or in sanctioned countries

—The consequences of the sanctions regime in dispute settlement proceedings, for example involving claims of force majeure

—Due diligence for planned transactions to avoid breaches and drafting of appropriate contractual provisions

—Potential investment treaty claims arising out of the application of sanctions 

Some representative experience of our team members includes advising:

—European biotech company on compliance with EU and US sanctions regarding the sourcing of radioisotopes in Russia and export to the EU and USA

—French importer of construction materials in arbitral proceedings with Russian supplier in payment dispute concerning the effect of EU sanctions against Russia

—European media company on compliance with UN and EU sanctions imposed against Sudan concerning its media operations in Sudan and the elaboration of a compliant broadcasting agreement

—European reinsurers on compliance with US Foreign Corrupt Practices Act in connection with payments to secure release of hostages held by pirates

—European company on US sanctions imposed against Russia concerning its dealings with Russian banks and consequences of Russian shareholdings in the company

—European cyber security company on implementation of various privacy regulations and data protection services

—State-owned enterprise on competition law matters relating to the acquisition of European agricultural technology company