National security concerns around foreign direct investments (FDI) and the use of sanctions are a growing concern for multinational companies and their legal advisors the world over. Assuredly approach new business opportunities and navigate multi-national regulations, sanctions and other trade restrictions including the Committee on Foreign Investment in the United States (CFIUS).
Navigating sanctions regimes
The US’s increasing use of sanctions to achieve foreign policy goals, and the complexity of US, EU and other countries’ sanctions regimes, is causing organisations to reconsider their governance of, and approach to, sanctions. Our extensive experience in political risk, compliance, due diligence and forensic investigations gives us a unique blend of skills to support our clients and their legal counsel as they consider sanctions compliance. We help you to:
Deliver growth and new opportunities
Control Risks can help you perform country-level assessments on the focus, breadth and enforcement history of sanctions, and advise on how to do business in the countries where sanctions regimes have recently been relaxed. We also offer pre-relationship and pre-investment due diligence in the ownership and control of specific entities, including assessments of the vulnerability of an entity or individual to being sanctioned in the future. Mapping of sanctioned entities’ and individuals’ business interests can be focused onto a country or a sector so you can proactively control your exposure. We can also carry out books and records checks, as well as data analytics, to evaluate an acquisition target’s or distributor’s exposure to sanctioned countries and entities.
Investigate and resolve problems and crises
Control Risks can investigate sanctions breaches which include:
- Data collection, hosting, review and analytics
- Forensic accounting
- Employee interviews
- Business intelligence and due diligence
We can provide further assessment of the implications of existing third parties being sanctioned and advice on how to react to your individual circumstances. We can also advise and implement any remedial steps to improve sanctions compliance following an investigation.
Improve governance and compliance processes
With Control Risks in-house experts, you can develop and implement sanctions compliance programmes that are built on guidance from governments and lessons learnt from enforcement cases relevant to your industry, including:
- Management tone
- Risk assessments of countries and relationships
- Internal control development
- Auditing and testing existing processes
- Training for employees and third parties
We can monitor changes to the focus, breadth and enforcement of sanctions across a portfolio of countries. Third-party due diligence programmes can be developed that are suited to identifying ownership and control structures, along with proactive monitoring of third-party data to identify connections to sanctioned entities or countries.
Navigating United States' national security requirements under CFIUS
The Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) has created a new reality for US companies and foreign investors partaking in transactions focused on critical technologies. Control Risks’ unique blend of geopolitical, regulatory, technology and cyber expertise provides us with a distinct advantage to advise on matters of international trade compliance, and foreign direct investment in the US as covered by CFIUS. Learn more.