All too often we hear of companies that do not consider U.S. export controls and trade sanctions in their due diligence checklists when going through an acquisition or merger. When taking over a non-compliant business, the buyer may be responsible for any violations that took place before the acquisition, even if the non-compliant actions were NOT unidentified at the time of the acquisition. In this blog we’ll address export regulations, successor liability, a case study, and practitioner tips on what you should be doing PRIOR to acquiring or merging!
I am pleased to share with you a new periodical, "World Export Controls Review - the journal of export controls and compliance," published by Brightlaw Media Ltd., London, England. The first issue published in March 2011 is free. The April 2011 publication contains my article entitled "Responding to an Administrative Subpoena Issued by the Office of Foreign Assets Control (OFAC), U.S. Department of the Treasury."