Regulation of Cross-Border Trade and Investment

Every business today operates in a globally competitive environment: Whether exporting, importing, investing abroad—or competing with those that do—companies see the world as an integrated marketplace. But national borders still matter. Cross-border transactions invoke not only the familiar rules of local commerce, but an increasingly complex web of laws, regulations, and policies established by both national authorities and international agreements. Governments of multiple jurisdictions regulate exports of strategically important goods and technology. Economic sanctions and anti-corruption rules reach extraterritorially, sometimes posing conflicts with other nations’ policies. Exporters confront arbitrary limitations on access to target markets. Investors face searching government reviews of cross-border acquisitions—or arbitrary changes in regulatory conditions that dramatically devalue their investments.

O’Melveny’s Regulation of Cross-Border Trade and Investment practice helps clients develop cross-border opportunities while managing these regulatory risks. We counsel both US and non-US clients on the application of US export controls, economic sanctions, the Foreign Corrupt Practices Act (FCPA), antiboycott, and customs laws to their international activities, and assist clients in developing and auditing compliance programs relating to these laws. We regularly represent clients concerning regulatory approvals associated with direct foreign investments in the United States, including national security reviews by the Committee on Foreign Investment in the United States (CFIUS).

Among our lawyers are former senior US government officials whose responsibilities included oversight of inward investment reviews, FCPA, and export control matters. After decades of private practice and government service, our collective experience informs our judgment as we assist clients in obtaining advisory opinions, licenses, and other approvals—and when necessary, in resolving civil or criminal enforcement matters.

Cross-border regulatory issues confront industrial, financial and service companies alike, and arise in many transactional and litigation contexts. To meet the diverse challenges faced by our clients, O’Melveny offers deep and broad experience derived from our cross-disciplinary approach to service. For example, together with our White Collar Defense and Corporate Investigations practice, we represent clients facing civil or criminal enforcement proceedings stemming from regulations applicable to cross-border activities. Similarly, our lawyers collaborate closely with our transactional teams to resolve regulatory issues that arise in the context of cross-border mergers, acquisitions, and financings. Together, we have established a strong track record representing many of the world’s best-known companies in their most challenging, high-stakes, cross-border undertakings.

Key Facts