Greta Lichtenbaum

Partner

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Greta Lichtenbaum is chair of O’Melveny’s National Security Group. Greta’s practice focuses on compliance with US laws that govern international business transactions and trade. She represents and advises clients in matters related to US economic sanctions, export controls, anti-corruption (the Foreign Corrupt Practices Act, or “FCPA”), foreign investment, money laundering, antiboycott, and customs laws. In addition to advising clients on the application of these laws to on-going business and potential acquisitions, Greta assists clients in all aspects of managing compliance with these laws, including developing corporate compliance programs, conducting internal investigations relating to potential violations of these laws, and representing companies before the relevant agencies in connection with enforcement proceedings, clearances, license requests, and government inquiries. These include the Treasury Department’s Office of Foreign Assets Control (OFAC), the Committee on Foreign Investment in the United States (CFIUS), the Departments of Justice, Commerce and State, the Securities and Exchanges Commission (SEC), and the US Bureau of Customs and Border Protection.

Greta is highly ranked by both Chambers USA and Chambers Global. Chambers has described her as the “dean of the sanctions bar” and notes that in the area of export controls she “combines experience with technical knowledge to provide extremely valuable counsel,” is “very knowledgeable about the arcana in this area” and “very skilled at helping the client get that end result.” Chambers also notes Greta’s “great contacts at OFAC” and “very commercial approach” as key strengths. Greta has deep experience advising clients in a range of industry sectors, including financial, insurance, Fintech, energy, semiconductor, defense, and telecommunications.

Honors & Awards

  • Named one of Global Investigation Review’s “25 Most Respected Sanctions Lawyers” in Washington, DC (2019)
  • Ranked Band 1 Nationwide by Chambers Global and Chambers USA for International Trade: Export Controls & Economic Sanctions (2009-2014; 2016-2021)
  • Named a “Super Lawyer” in International Law in Super Lawyers - Washington, DC edition (2013-2014; 2017)
  • Recognized by The Legal 500 US for having expertise in International Trade (2014-2021)
  • Recommended in Trade & Customs (2018-2019); Trade & Customs - International Sanctions (2019) by Who’s Who Legal
  • Recognized by BTI as a “Client Service All-Star” (2013)
  • Recognized in The Guide to the World’s Leading Women in Business Law (2012)
  • Named a “Super Lawyer” in Super Lawyers - Corporate Counsel Edition (2010-2012)
  • Recognized in The Guide to the World’s Leading International Trade Lawyers (2010 and 2012)

Admissions

Bar Admissions

  • District of Columbia

Education

  • Harvard University, J.D., 1990: Managing Editor, Harvard Human Rights Journal; Member, International Law Society
  • Haverford College, B.A., 1986: Phi Beta Kappa, Departmental Honors

Professional Activities

Publications

  • One of the lead authors of the Fifth, Sixth and Seventh Editions of the Firm’s well-regarded FCPA Handbook
  • Chapters, “Export Controls” and “FCPA/Antibribery,” Corporate Compliance Practice Guide: The Next Generation (Matthew Bender/LexisNexis, 2018)
  • “US Economic Sanctions Laws - Opportunities And Compliance Challenges,” Risk and Compliance Magazine (April 2017) (with McAllister Jimbo)
  • “Iran Nuclear Agreement: Compliance Strategies for Companies Considering Doing Business with Iran,” Corporate Counsel (January 2016) (with Hayley Ichilcik)
  • “The Extraterritorial Scope of the FCPA as Addressed in New Government Guidance,” in Competition Policy International Antitrust Chronicle (December 2012) (with Beth France)
  • “Iran Sanctions Mean Multinationals Need To Prepare for Close Scrutiny,” Corporate Counsel (March 2012)
  • “Economic sanctions laws: the European Union and the United States,” a chapter published in Serious Economic Crime: A Boardroom Guide to Prevention and Compliance. Published by White Page Ltd in association with the Serious Fraud Office (December 2011) (with James Barratt and Hayley Ichilcik)

Speaker

  • “5 Months into Biden Administration: Sanctions Update and What to Expect,” American Conference Institute (June 2021)
  • “The Foreign Corrupt Practices Act and International Anti-Corruption Developments 2021,” Practising Law Institute (April 2021)
  • “The Foreign Corrupt Practices Act and International Anti-Corruption Developments 2020,” Practising Law Institute (September 2020)
  • Co-Chair, "13th Annual Flagship Conference on Economic Sanctions Enforcement and Compliance," American Conference Institute (July 2020)
  • “CFIUS and the Newly Expanded Scope of Foreign Direct Investment Reviews,” Practising Law Institute (March 2020)
  • “Trump Administration Trade Policy and Impact on the Energy Industry,” The Center for American and International Law’s 71st Annual Oil & Gas Law Conference (February 2020)
  • “Coping with US Export Controls and Sanctions 2019,” Practicing Law Institute’s 24th Annual Consumer Financial Services Institute (December 2019)
  • “Expansion of Regulatory Oversight on Overcoming National Security Concerns and Trends,” ACI’s European Forum on Foreign Investment Security Reviews and CFIUS (June 2019)
  • “CFIUS and the Expanding Scope of Foreign Direct Investment Reviews.” PLI One-Hour Briefing (May 2019)
  • “Complying with U.S. Sanctions in a Time of Change,” ACI’s 12th Flagship Conference on Economic Sanctions Enforcement & Compliance (May 2019)
  • “Taking Your Compliance Program to the Next Level,” PLI’s The Foreign Corrupt Practices Act and International Anti-Corruption Developments 2019 (April 2019)
  • “Beyond Europe - The Screening Schemes of Major EU Trade Partners,” A Common European Law on Investment Screening: Foreign Investment in Times of Change (March 2019)
  • “Complying with U.S. Sanctions in a Time of Change,” UNC’s Banking Institute (March 2019)
  • “Real World Contract Management Scenarios: How to Build-in Contingency Plans When Drafting Contracts,” ACI’s 4th Asia Pacific Summit on Economic Sanctions (October 2018)
  • “Real World Compliance Issues and How to Solve Them,” PLI’s The Foreign Corrupt Practices Act and International Anti-Corruption Developments 2018 (April 2018)
  • “Cross-Border Enforcement: US Economic and Trade Sanctions Prosecutions,” American Bar Association’s 32nd Annual National Institute on White Collar Crime (March 2018)
  • “Ethics and Compliance Considerations for Trade Controls Lawyers,” Practicing Law Institute’s Coping with US Export Controls and Sanctions 2017, Washington, DC (December 2017)

Client Alerts (Most Recent)

  • “The Biden Administration’s Emerging Strategy for Combatting National Security Threats: How Policy Changes May Impact Your Business” (O’Melveny National Security Alert, October 2021) (with John Dermody, David J. Ribner)
  • “It’s a Sign: Key Takeaways from FinCEN’s Ransomware Report” (O’Melveny Data Security & Privacy Alert, October 2021) (with Laurel Loomis Rimon, Braddock Stevenson, John Dermody)
  • “New OFAC Compliance Guidance for the Virtual Currency Industry Provides Insights into OFAC’s Compliance Expectations that are Useful for Both the Virtual Currency Industry and the Broader Corporate Community” (O’Melveny Data Security & Privacy Alert, October 2021) (with David J. Ribner, Laurel Loomis Rimon, John Dermody)
  • “Another Countermeasure—China Adopts Counter-Foreign Sanctions Law” (O’Melveny International Trade Alert, June 2021) (with Walker J. Wallace, Bo Li)
  • “Biden Administration Recalibrates Executive Order Prohibiting Investments in Publicly Traded Securities of Certain Chinese Companies” (O’Melveny International Trade Alert, June 2021) (with David J. Ribner, John Dermody)
  • “Government Imposes Mandatory Cybersecurity Requirements on Pipeline Operators in Response to Ransomware Attack” (O’Melveny Data Security & Privacy Alert, June 2021) (with Tod Cohen, Randall Edwards, Scott Pink, John Dermody)
  • “Biden Executive Order Sets the Table for Industry Cybersecurity Reform” (O’Melveny Data Security & Privacy Alert, May 2021) (with Randall Edwards, Tod Cohen, Scott Pink, John Dermody, Evan Schlom, Rachel Chung)
  • “Biden Administration Issues New Targeted Economic Sanctions On Russia” (O’Melveny International Trade Alert, April 2021) (with David J. Ribner, John Dermody)
  • “The Foreign Corrupt Practices Act and International Anti-Corruption Developments 2021” (O’Melveny Foreign Corrupt Practices Act Alert, April 2021)
  • “FCC Lists Certain Chinese Telecom Equipment as National Security Risk” (O’Melveny Data Security & Privacy Alert, March 2021) (with John Dermody, David J. Ribner)
  • “Commerce Department’s New Technology Supply Chain Rules Leave Many Unanswered Questions” (O’Melveny White Collar Defense & Corporate Investigations Alert, February 2021) (with Tod Cohen, John Dermody, David J. Ribner)
  • “EU Commission Publishes Text of EU-China Comprehensive Agreement on Investment” (O’Melveny Antitrust & Competition Alert, January 2021) (with Ben Bradshaw, Ian Simmons, Riccardo Celli, Courtney Dyer, Andrew Frackman, Yoji Maeda, Stephen McIntyre, Philip Monaghan, Anna Pletcher, Katrina Robson, Youngwook Shin, Michael Tubach, Philippe Nogues, Christian Peeters, Scott Schaeffer, Lining Shan)
  • “Unfinished Business and Potential New Directions: The Biden Administration Faces Many Decisions in Addressing Trump Administration Measures Targeting China and other National Security Threats” (O’Melveny Data Security & Privacy Alert, January 2021) (with David J. Ribner, John Dermody)
  • “China Issues Rules to Counteract “Unjustified” Extra-territorial Application of Foreign Laws” (O’Melveny International Trade Alert, January 2021) (with Walker J. Wallace, Carl Erik Heiberg, David J. Ribner, Qianru Hong)
  • “Trump Administration Takes Further Actions Targeting China as Term Nears End” (O’Melveny International Trade Alert, December 2020) (with David J. Ribner, John Dermody)
  • “President Trump Issues Executive Order Prohibiting US Investments in Companies with Ties to the Chinese Military” (O’Melveny International Trade Alert, November 2020) (with Philip Monaghan, Walker J. Wallace, Ted Kassinger, David J. Ribner)
  • “Treasury Issues New Guidance on Risks of Ransomware Payments” (O’Melveny Data Security & Privacy Alert, October 2020) (with Laurel Loomis Rimon, Scott Pink, John Dermody, David J. Ribner, Braddock Stevenson, Maxwell Loos)
  • “Preliminary Injunctions Delay Implementation of Commerce Department Orders Targeting TikTok and WeChat” (O’Melveny & Myers International Trade Alert, October 2020) (with Ted Kassiner, David J. Ribner, John Dermody)
  • “China Publishes “Unreliable Entities” Rules Targeting Foreign Enterprises” (O’Melveny & Myers Antitrust & Competition Alert, September 2020) (with Ben Bradshaw, Ian Simmons, Riccardo Celli, Courtney Dyer, Andrew Frackman, Philip Monaghan, Anna Pletcher, Katrina Robson, Michael Tubach, Christian Peeters, Courtney Byrd, Kieran Humphrey, Lining Shan, Stephen McIntyre, Philippe Nogues, David J. Ribner, Scott Schaeffer, Sergei Zaslavsky)
  • “Commerce Department Prohibits Transactions with TikTok and WeChat” (O’Melveny & Myers International Trade Alert, September 2020) (with Ted Kassinger, David J. Ribner, John Dermody)
  • “CFIUS Issues Final Rule Revising the Mandatory Declaration Requirement for Foreign Investments in U.S. Businesses Involved with Critical Technologies” (O’Melveny & Myers International Trade Alert, September 2020) (with Ted Kassinger, Mary Pat Dwyer, David J. Ribner, Paras Shah)
  • “Trump Administration Continues to Target TikTok and Huawei” (O’Melveny & Myers International Trade Alert, August 2020) (with Ted Kassinger, Mary Pat Dwyer, David J. Ribner, Paras Shah)
  • “Department of Justice Issues Rare FCPA Advisory Opinion” (O’Melveny & Myers Foreign Corrupt Practices Act Compliance Alert, August 2020) (with Damali Taylor, James Rothstein, David J. Ribner)
  • “President Trump Issues Executive Orders Prohibiting Transactions with TikTok and WeChat” (O’Melveny & Myers International Trade Alert, August 2020) (with Ted Kassinger, David J. Ribner, Mary Pat Dwyer, Paras Shah)
  • “U.S. Government Imposes National Security-Driven Procurement Restrictions on Federal Government Contractors that Will Impact Their Supply Chain” (O’Melveny & Myers Regulatory & Government Affairs Alert, July 2020) (with Lisa Monaco, John Dermody, David J. Ribner)
  • “Federal Contractors and Their Suppliers are in Limbo Awaiting Fast-Approaching Deadline for Implementation of Section 889 Supply Chain Restrictions” (O’Melveny & Myers International Trade Alert, July 2020) (with Lisa Monaco, John Dermody)
  • “CFIUS Proposes Revision to Mandatory Declaration Requirement for Foreign Investments in US Businesses Involved with Critical Technologies” (O’Melveny & Myers International Trade Alert, May 2020) (with Ted Kassinger, David J. Ribner, Mary Pat Dwyer)
  • “Keeping COVID-19 Charitable Giving Compliant: Taking Steps Now Can Avoid Legal Risk Later” (O’Melveny & Myers White Collar Alert, May 2020) (with Damali Taylor, David J. Ribner, James K. Rothstein)
  • “United States Expands Export Controls Targeting Huawei’s Access to US Technology” (O’Melveny & Myers Government Affairs Alert, May 2020) (with Ted Kassinger, John Dermody, David J. Ribner, Mary Pat Dwyer)
  • “President Trump Issues Executive Order on Securing the United States Bulk-Power System” (O’Melveny & Myers Government Affairs Alert, May 2020) (with Steve Bunnell, Lisa Monaco, Hugh Hilliard, John Dermody, David J. Ribner)
  • “Treasury Issues Interim Rule for CFIUS Filing Fees” (O’Melveny & Myers International Trade Alert, April 2020) (with Ted Kassinger, David J. Ribner, Mary Pat Dwyer)
  • “President Trump Issues Executive Order Creating Telecommunications Assessment Committee” (O’Melveny & Myers International Trade Alert, April 2020) (with Steve Bunnell, Lisa Monaco, John Dermody, David J. Ribner)
  • “Treasury Issues Proposed Rule for CFIUS Filing Fees” (O’Melveny & Myers International Trade Alert, March 2020) (with Ted Kassinger, David J. Ribner, Mary Pat Dwyer)
  • “Heads Up: AML and Economic Sanctions Moves the Crypto Industry Should Watch for From Regulators in 2020” (O’Melveny & Myers International Trade Alert, February 2020) (with Laurel Rimon, Eric Sibbitt, Braddock Stevenson, Mary Pat Dwyer)
  • “Treasury Finalizes New CFIUS Regulations” (O’Melveny & Myers International Trade Alert, January 2020) (with Ted Kassinger, David J. Ribner, Mary Pat Dwyer)
  • “Department of Justice Revises Guidance on Export Control and Sanctions Enforcement Policy” (O’Melveny & Myers International Trade Alert, December 2019) (with Ted Kassinger, David Ribner, Mary Pat Dwyer)
  • “Commerce Seeks Comment on Telecom Supply Chain Review Process” (O’Melveny & Myers White Collar Alert, December 2019) (with Steve Bunnell, Lisa Monaco, John Dermody, David J. Ribner)
  • “The Government Is Wielding Sticks and Carrots to Address National Security Concerns in the Telecommunications Sector” (O’Melveny & Myers Regulatory & Government Affairs Alert, October 2019) (with John Dermody, Steve Bunnell, Ted Kassinger, Lisa Monaco)
  • “Treasury Issues Long-Awaited Proposed CFIUS Regulations” (O’Melveny & Myers International Trade Alert, September 2019) (with Ted Kassinger, David Ribner, Mary Pat Dwyer)
  • “China Creates an ‘Unreliable Entities List’” (O’Melveny & Myers Regulatory & Government Affairs Alert, June 2019) (with Philip Monaghan, Courtney Dyer, Scott Schaeffer, Lining Shan)

Enforcement Proceedings and Internal Investigations

  • Conducts internal investigations relating to potential violations of economic sanction laws, antiboycott laws, the FCPA, the Export Administration Regulations (EAR), and the International Traffic in Arms Regulations (ITAR) and Customs rules.
  • Represents US and foreign companies in connection with internal investigations and enforcement matters arising from potential violations of economic sanctions, export control, and customs laws, including assisting clients in responding to subpoenas and other information requests from the Department of Justice, the SEC, the Commerce Department's Office of Export Enforcement, the State Department, and OFAC, and in settling pending enforcement matters before such agencies.
  • Recent illustrative examples include:
    • Represented oilfield services company in connection with SEC inquiry related to corruption risks in countries subject to US economic sanctions.
    • Represented engineering firm in connection with internal investigation in the Middle East related to its interactions with employees of state-owned enterprises.
    • Advised digital currency exchange on issues arising from OFAC subpoena.
    • Represented U.S. transportation firm in worldwide DOJ FCPA investigation that led to declination.

Compliance Risk Assessments and Audits

  • Conducts assessments and audits of compliance programs in a variety of industries.
  • Recent illustrative examples include:
    • Conducted an FCPA risk assessment for a US publicly-traded semiconductor manufacturer, with a particular focus on its Asian operations.
    • Managed a worldwide risk assessment for a multinational chemical company covering anti-corruption, economic sanctions, and antitrust laws.

Due Diligence and Post-Investment Planning

  • Advises parties on FCPA and trade controls due diligence within the context of mergers and acquisitions, financings, and IPOs. Assists with due diligence, appropriate contractual protections and undertakings, as well as post-acquisition planning. 
  • Recent illustrative examples include:
    • Advised petrochemical firm on measures and strategies for mitigating anti-corruption risk in prospective minority-held joint venture in China.
    • Assisted private equity firm with developing plan to enhance new portfolio company’s compliance program for anti-corruption, economic sanctions and export controls.
    • Conducted anti-corruption due diligence on Brazilian target for US software company.

Development of Compliance Programs and Procedures

  • Advises companies in a wide range of sectors on the development and implementation of corporate compliance programs in the areas of FCPA, export controls, economic sanctions, customs, and the antiboycott laws. 
  • Recent illustrative examples include:
    • Advised global chemical company on development of economic sanctions and export control policies.
    • Advised a Chinese manufacturer on the type of  program necessary to comply with the FCPA when the company became an “issuer” for purposes of US securities laws and assisted in the implementation of that program.
    • Assisted a US water treatment company with enhancements to its FCPA compliance program.
    • Assisted a reinsurance broker with establishing worldwide anti-bribery program and training materials.

Licensing, Classifications, and Advisory Opinions 

  • Represents US and foreign companies in obtaining a range of authorizations, licenses and advisory opinions under the EAR, the ITAR, as well as the economic sanctions regulations governing trade with Cuba, Iran, Iraq, Libya, Sudan, and Syria. 
  • Recent illustrative examples include:
    • Licenses authorizing activities associated with terminating operations in Iran
    • Technical Assistance Agreements for defense-related activities
    • Export control authorizations for encryption and oilfield service products
    • OFAC licenses for reinsurance activity
    • Commodity classification ruling requests
    • Commodity jurisdiction filings

Counseling

  • Advises companies in various sectors (including semiconductor, oilfield services, energy exploration, hospitality, insurance and reinsurance, and a range of other financial services) on legal issues arising under trade controls, anti-bribery, antiboycott, customs, and anti-money laundering laws.
  • Recent illustrative examples include:
    • Provide advice on anti-bribery risks associated with marketing plans that include the provision of business courtesies to government officials.
    • Advise numerous companies on intermediary due diligence strategies designed to mitigate anti-corruption and economic sanctions risks.
    • Advise on the consequences of changes in economic sanctions laws, including the recent Russia/Ukraine sanctions and changes in the Iran and Cuba sanctions programs.

Government Proceedings and Inquiries 

  • Prepared a number of voluntary notices and mandatory declarations to CFIUS on behalf of both non-US investors and domestic firms.
  • Represented US companies in connection with “focused assessment” audits conducted by the US Bureau of Customs and Border Protection. 

Alerts and Publications

The Biden Administration Ends the Year with Several National Security-Driven Measures Targeting China

December 29, 2021

Commerce Clarifies That Technology Supply Chain Rule Reaches “Connected Software Applications” But Leaves Many Questions Unanswered

December 8, 2021

Secure Equipment Act Accelerates FCC Rulemaking to Prohibit Licenses for Chinese Security and Technology Equipment

November 24, 2021

CFIUS Extends Deadline for Australia, Canada, and UK to Implement Eligibility Requirements for Key CFIUS Exemptions

November 23, 2021

It’s a Sign: Key Takeaways from FinCEN’s Ransomware Report

October 20, 2021 | Fintech

New OFAC Compliance Guidance for the Virtual Currency Industry Provides Insights into OFAC’s Compliance Expectations that are Useful for Both the Virtual Currency Industry and the Broader Corporate Community

October 19, 2021

Another Countermeasure—China Adopts Counter-Foreign Sanctions Law

June 17, 2021

Biden Administration Recalibrates Executive Order Prohibiting Investments in Publicly Traded Securities of Certain Chinese Companies

June 7, 2021

Biden Administration Recalibrates Executive Order Prohibiting Investments in Publicly Traded Securities of Certain Chinese Companies

June 7, 2021

Government Imposes Mandatory Cybersecurity Requirements on Pipeline Operators in Response to Ransomware Attack

June 2, 2021

Biden Executive Order Sets the Table for Industry Cybersecurity Reform

May 17, 2021

Biden Administration Issues New Targeted Economic Sanctions On Russia

April 16, 2021

FCC Lists Certain Chinese Telecom Equipment as National Security Risk

March 17, 2021

Commerce Department’s New Technology Supply Chain Rules Leave Many Unanswered Questions

February 2, 2021

EU Commission Publishes Text of EU-China Comprehensive Agreement on Investment

January 27, 2021

Unfinished Business and Potential New Directions: The Biden Administration Faces Many Decisions in Addressing Trump Administration Measures Targeting China and other National Security Threats

January 20, 2021

China Issues Rules to Counteract “Unjustified” Extra-territorial Application of Foreign Laws

January 15, 2021

Trump Administration Takes Further Actions Targeting China as Term Nears End

December 21, 2020

President Trump Issues Executive Order Prohibiting US Investments in Companies with Ties to the Chinese Military

November 16, 2020

Treasury Issues New Guidance on Risks of Ransomware Payments

October 9, 2020

Preliminary Injunctions Delay Implementation of Commerce Department Orders Targeting TikTok and WeChat

October 1, 2020

China Publishes “Unreliable Entities” Rules Targeting Foreign Enterprises

September 22, 2020

Commerce Department Prohibits Transactions with TikTok and WeChat

September 18, 2020

CFIUS Issues Final Rule Revising the Mandatory Declaration Requirement for Foreign Investments in US Businesses Involved with Critical Technologies

September 15, 2020

Trump Administration Continues to Target TikTok and Huawei

August 21, 2020

Department of Justice Issues Rare FCPA Advisory Opinion

August 20, 2020

President Trump Issues Executive Orders Prohibiting Transactions with TikTok and WeChat

August 9, 2020

U.S. Government Imposes National Security-Driven Procurement Restrictions on Federal Government Contractors that Will Impact Their Supply Chain

July 24, 2020

Federal Contractors and Their Suppliers are in Limbo Awaiting Fast-Approaching Deadline for Implementation of Section 889 Supply Chain Restrictions

July 7, 2020

CFIUS Proposes Revision to Mandatory Declaration Requirement for Foreign Investments in US Businesses Involved with Critical Technologies

May 21, 2020

Keeping COVID-19 Charitable Giving Compliant: Taking Steps Now Can Avoid Legal Risk Later

May 18, 2020

United States Expands Export Controls Targeting Huawei’s Access to US Technology

May 18, 2020

President Trump Issues Executive Order on Securing the United States Bulk-Power System

May 6, 2020

Treasury Issues Interim Rule for CFIUS Filing Fees

April 30, 2020

FEMA Temporarily Bans Exports of Scarce or Threatened Personal Protective Equipment

April 13, 2020

President Trump Issues Executive Order Creating Telecommunications Assessment Committee

April 10, 2020

President Trump Orders Chinese Company to Divest Acquisition of US Hotel Software Company

March 9, 2020

Treasury Issues Proposed Rule for CFIUS Filing Fees

March 5, 2020

Heads Up: AML and Economic Sanctions Moves the Crypto Industry Should Watch for From Regulators in 2020

February 25, 2020

Events

Press Releases