Orrick Monitoring Ukraine and Russia Sanctions

March.06.2014

The United States and the EU have issued sanctions to address recent events in Ukraine.

Orrick’s International Trade and Compliance Group is following these developments closely and will soon release client advisories on this topic.

A U.S. executive order contemplates that the U.S. Administration will designate persons to be “blocked” and to be banned from entry into the United States. Blocking will freeze designated persons’ assets in the United States and generally forbid U.S. persons to engage in transactions in which any blocked person has a direct or indirect interest.

The Administration has yet to designate any person under the executive order. We would expect designations to emerge in short order.

An EU Council regulation blocks former Ukrainian President Viktor Yanukovich, former Prime Minister Mykola Azarov, and 16 other senior Ukrainian officials suspected of misusing state funds and violating human rights. EU assets of these persons are frozen and dealings with these persons by EU persons are generally forbidden.

For questions or comments about these actions, please contact Harry Clark at 202.339.8499 or [email protected].

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Harry Clark Partner, International Trade and Investment, Mergers & Acquisitions

Washington, D.C.

See my bio

D:+1 202 339 8499
E: [email protected]

Practice:

Technology & Innovation Sector
International Trade and Investment
Mergers & Acquisitions
Environmental, Social & Corporate Governance (ESG)
Strategic Advisory & Government Enforcement (SAGE)

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Harry Clark Partner

Washington, D.C.

Harry is experienced in areas such as CFIUS/Exon-Florio examinations of foreign investment, military and “dual use” export control regulations (ITAR/EAR), economic sanctions administered by the U.S. Treasury Department (OFAC), customs regulations, the Foreign Corrupt Practices Act, anti-money laundering rules, anti-boycott requirements and defense industrial security requirements. He executes internal corporate investigations regarding trade and investment rules and advises on such rules in the context of corporate transactions.

Additionally, Harry has extensive experience with government contracting matters. His government contracting work has included, for example, design and implementation of U.S. Defense Department renewable energy projects. He also represents broad industry coalitions on major trade litigations and international negotiations. His experience in these areas includes a leading role in what is often considered the largest-ever international trade dispute: the controversy regarding unfair softwood lumber imports from Canada. It has involved myriad administrative proceedings before federal agencies, NAFTA panel appeals, WTO dispute proceedings, judicial proceedings and international settlement agreements.

Harry has represented a coalition of major U.S. oil companies in antidumping and countervailing duty litigation. As a related matter, he pursues policy issues with congressional and executive branch officials and advises on international trade rules (e.g., GATT, WTO agreements and NAFTA).

Chambers 2022 recognizes Harry as a leader in the field of export controls and economic sanctions (Chambers Global and Chambers USA), as well as CFIUS (Chambers USA). Previous editions have also recognized Harry’s achievements regarding his work related to the Foreign Corrupt Practices Act. Clients note that Harry provides “accurate, straightforward guidance incredibly efficiently” and “he has an ability to translate complex legal requirements and rules into business-friendly jargon.”