Doreen Edelman

Doreen Edelman

Baker Donelson

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Please Read the Fine Print About Doing Business in Cuba

I am here to encourage newly authorized trade to and from Cuba. However, my job is also to ensure that exporters have all of the information they need to make informed business decisions and remain compliant with U.S. trade...more

4/1/2016 - BIS Business Development Cuba Cuban Assets Control Regulations (CACR) Export Administration Regulations General Licenses OFAC Sanctions SDN List

Commerce at its Best – A True Export Promotion Tool for U.S. Exporters

Trade Agreements are political hot potatoes, which as a trade attorney I always find interesting. The presidential candidates have been debating the pros and cons of trade agreements for years from a 60,000 foot level. Is the...more

3/29/2016 - Export Controls Exports Tariffs Trade Agreements Trade Relations Trans-Pacific Partnership

OFAC Further Amends Cuban Assets Control Regulations – President Obama Authorizes More Travel and U.S. Establishments in Cuba in...

On March 16, 2016, in what could be the final set of amendments  to the Cuban Assets Control Regulations (CACR) under the Obama Administration, the Office of Foreign Assets Control (OFAC) published a Final Rule that further...more

3/18/2016 - Barack Obama Cuba Cuban Assets Control Regulations (CACR) OFAC Sanctions Travel Permits

U.S. Tax Considerations for Corporate Dealings in Cuba

On March 1, 2016, the Internal Revenue Service (IRS) issued Revenue Ruling 2016-8, which removed Cuba from a blacklist of foreign countries that are denied certain favorable tax rules under the Internal Revenue Code (IRC)....more

3/14/2016 - Corporate Taxes Cuba Foreign Relations Foreign Tax Credits Internal Revenue Code (IRC) IRS Sanctions

Tips To Avoid Inadvertent Violations of OFAC’s Sanctions Against Russia

A year ago I posted an overview of OFAC’s Ukraine and Russia-related sanctions program. Although the Executive Orders and program structure described in that post have not been changed or expanded, it is important to remember...more

2/19/2016 - Crimea Economic Sanctions OFAC Russia SDN List

Cyber Activities Added to the OFAC Target List – How do you ensure you are compliant?

In December of 2015 the Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued regulations implementing the President’s April 1, 2015 Executive Order (“EO”), “Blocking the Property of Certain Persons...more

1/27/2016 - Cyber Crimes Cybersecurity Executive Orders OFAC Popular SDN List

Enforcement Update – DOJ Raises Focus on Prosecuting Individuals

There has been a change in the US Department of Justice regarding corporate disclosures. The recently updated United States Attorney’s Manual has revised its provisions called the “Principles of Federal Prosecution of...more

12/17/2015 - Corporate Culture Criminal Prosecution DOJ Filip Factors Voluntary Disclosure

Weak Compliance Programs Won’t Protect You from Criminal Misconduct

The Department of Justice’s (DOJ’s) Criminal Division has now hired “Compliance Counsel” but the Department has no plans to move towards making a formal compliance defense available to those charged with regulatory...more

12/9/2015 - Compliance Corporate Crimes Corporate Misconduct DOJ Policies and Procedures Third-Party

You Want to Export to Cuba? Get Ready, But You Probably Can’t Quite Yet.

New rules came out on September 21, 2015 from both the Commerce and Treasury Departments. Although for the most part these changes only slightly broaden or clarify pre-existing exceptions to the embargo against Cuba, they...more

9/25/2015 - Aircraft Equipment Aviation Industry Bank Accounts Banking Sector Banks BIS Cuba Embargo Export Controls Financial Institutions Internet OFAC Popular Private Sector U.S. Commerce Department U.S. Treasury

Think Big Picture – minimize corporate export compliance risks while protecting your information security

Recently I have attended several cyber security conferences. What I have learned about protecting information has changed how I view export controls. Senior management and board members should think about the big picture as...more

9/2/2015 - Board of Directors Compliance Cyber Attacks Cyber Crimes Cybersecurity Data Breach Data Security Export Controls Hackers Information Technology Non-Disclosure Agreement Risk Management Target

Attention Exporters: C-TPAT Web Portal Updated Adding Exporter Application

The Customs-Trade Partnership Against Terrorism (C-TPAT) certification program is a voluntary government program through which importers and exporters can agree to implement and maintain a set of predetermined supply chain...more

8/28/2015 - Applications C-TPAT Customs and Border Protection Exporters Exports Importers Imports Required Documentation Supply Chain U.S. Customs

Is Iran Open for Business for U.S. Exporters?

On August 7, 2015, the U.S. Government issued a revised Guidance regarding Iran and also issued a Third Amended Statement of Licensing Policy on Activities Related to the Safety of Iran’s Civil Aviation Industry. The bottom...more

8/21/2015 - Aircraft Automotive Industry Aviation Industry China Crude Oil Energy Sector Exports Foreign Entities Humanitarian Assistance India Iran Iran Sanctions Japan Medical Equipment Medical Supplies OFAC SDN List South Korea Taiwan Turkey U.S. Treasury United Nations

Limited Access to Cuba but it is a Start for U.S. Businesses

As you know there are ongoing changes to the Cuba export regulations. President Obama announced the reopening of the U.S. embassy in Havana and a Cuban embassy in Washington. The Commerce Department will remove Cuba from list...more

7/31/2015 - Airlines Aviation Industry Cuba Embargo Exports Obama Administration OFAC State Sponsors of Terrorism U.S. Commerce Department

Iran – Don’t Forget the General License!

Iran entered into a historic nuclear agreement with the U.S. and other world powers on July 14th 2015. The agreement will allow the licensing of the export, re-export, sale, lease or transfer to Iran of commercial passenger...more

7/27/2015 - Aircraft Airlines Compliance Due Diligence Exports Iran Iran Sanctions Nuclear Power OFAC Power Plants Sanctions

Attention Exporters: Passage of ‘Fast-Track’ Bill Sets the Stage for America’s Next Big Trade Deal

The Idea Behind TPA - On September 24 a rare alliance between Republicans and the Obama Administration led to passage of the ‘fast-track’ bill granting the President a 6-year renewal of Trade Promotion Authority (TPA). As a...more

6/29/2015 - Export Controls Exporters Exports Trade Policy Trade Promotion Authority Trans-Pacific Partnership

Compliance Officers Can Face Individual Liability for Corporate Importation Violations

Corporate officers and shareholders take note: personal liability for unpaid duties may result from material misrepresentations on import documentation even when the importer of record is a corporate entity. The corporate...more

6/15/2015 - Best Management Practices C-Suite Executives Chief Compliance Officers Corporate Veil Diminution in Value False Reporting Imports Material Misstatements Personal Liability

An attempt at Harmonization: Export Documentation Changes

The Bureau of Industry and Security (BIS) is currently accepting comments on methods of improving the Export Administration Regulations (EAR) as well as harmonizing these regulations with the clearance requirements under the...more

6/3/2015 - BIS EAR Export Controls International Harmonization ITAR Notice and Comment US Department of State

OFAC Adds 7 Venezuelan Officials to SDN List

On March 8 President Obama signed Executive Order 13692 Executive Order 13692, which initially adds seven former or current Venezuelan government officials to OFAC’s Specially Designated Nationals (SDN) List. Once they have...more

3/30/2015 - Executive Orders Foreign Official OFAC SDN List Venezuela

Goodyear FCPA Settlement Highlights Importance of Thorough Pre-Acquisition Due Diligence

On February 24 the SEC charged Ohio-based Goodyear Tire and Rubber Company with violating the books and records provisions of the Foreign Corrupt Practices Act (FCPA). Goodyear agreed to  pay $16.2 million to settle the...more

3/10/2015 - Books & Records Bribery Corporate Counsel Enforcement Actions FCPA Foreign Subsidiaries Goodyear Popular SEC

New Opportunities in Cuba for U.S. Travel and Medical Companies – Cigars but not Commerce

After President Obama's announcement that his Administration will pursue a policy aimed at improving U.S.-Cuba diplomatic relations and ultimately eliminating the economic embargo on Cuba, the U.S. Treasury and Commerce...more

1/30/2015 - Amended Legislation Banking Sector Barack Obama BIS Cuba Cuban Assets Control Regulations (CACR) EAR Embargo Executive Orders Export Controls Exports Foreign Relations Imports OFAC Sanctions Telecommunications Trade Relations Travel Permits U.S. Commerce Department U.S. Treasury

Update: Export Control Reform – One Year Later

It has now been over a year since the President’s Export Control Reform Initiative kicked off in October 2013 with revisions to four categories of the United States Munitions List (USML). Since then, 4 more rounds of changes...more

1/27/2015 - Amended Regulation Barack Obama Commerce Control List EAR Export Controls Exports ITAR USML

Update: U.S. Ramps Up Ukraine-Related Sanctions Yet Again

On December 19th, President Obama signed Executive Order (EO) 13685 specifically targeting Crimea and those responsible for the usurpation of the peninsula back in March. This latest EO was the forth in a series aimed at...more

1/22/2015 - Banking Sector Barack Obama BIS Crimea Defense Sector Energy Sector Executive Orders Export Controls Exports OFAC Russia Sanctions SDN List SSI List Ukraine

What Will the "New Chapter" in U.S.-Cuba Relations Entail?

On January 15, both the Treasury Department's Office of Foreign Assets Control (OFAC) and the Commerce Department's Bureau of Industry and Security (BIS) published final rules implementing President Obama's initial reforms....more

1/19/2015 - Banking Sector BIS Cuba Exports Financial Institutions Foreign Policy Imports OFAC Sanctions Trade Policy Travel Permits Travelers

Recent Elections Produce Trade-Friendly Congress: U.S. Exporters Stand to Gain

Apart from the Republican takeover of the Senate, the most noteworthy result of the recent U.S. midterm elections may well be the fact that both Houses have received a substantial infusion of pro-trade members. What’s more is...more

11/25/2014 - Election Results Exports Trade Agreements Trade Policy Trans-Pacific Partnership

BIS Ramps Up Restrictions on Trade With Venezuela

The Department of Commerce’s Bureau of Industry and Security (“BIS”) recently published a final rule adding to existing U.S. government restrictions on trade with Venezuela. The November 7th rule amends Section 744.21 of...more

11/20/2014 - BIS Defense Sector EAR Final Rules Licensing Rules Trade Policy Venezuela

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