Doing Business in the U.S.
U.S. Trade Policy Nears Zero Hour
SMi's 7th Annual Conference: Defence Exports 2012
Defence Exports Asia-Pacific Conference – In Singapore
Nancy A. Fischer
Ms. Fischer leads the firm’s 60-lawyer Public Practices and Public Policy Sections. She concentrates her practice in international trade law and international dispute resolution including compliance and litigation matters related to export controls and embargoes, foreign investment reviews under the Committee on Foreign Investment in the U.S. (CFIUS) and foreign ownership mitigation for Defense Security Service (DSS) cleared facilities, Foreign Corrupt Practices Act (FCPA), trade remedy laws, customs law, and WTO and NAFTA disputes. She has represented Australian, Brazilian, British, Canadian, Chinese, Dutch, French, German, Israeli, Japanese, Mexican, Russian, Swedish, Thai and U.S. companies in a variety of industry sectors, including aerospace, agriculture, automotive, chemicals, communications, defense and government contracts, electronics, energy, financial services, insurance, photographic products, satellites, plastics and technology.
Ms. Fischer counsels clients on regulations governing export controls and embargoes administered by the Directorate of Defense Trade Controls, the Defense Technology and Security Administration, the Bureau of Industry and Security and the Office of Foreign Assets Control. She develops internal compliance programs, assists clients with product and technology classifications under the Commerce Control List and the U.S. Munitions List, reviews government programs to determine whether export licenses or approvals are required, structures and prepares technical assistance agreements and export license applications, conducts internal investigations, prepares voluntary disclosures and acts as a liaison with the government.
Ms. Fischer advises clients on the many regulatory issues associated with foreign investment in the U.S. including CFIUS reviews, foreign ownership, control and influence (FOCI), mitigation plans under the NISPOM for acquisitions involving companies with security clearances, export control due diligence and license transfers. In the CFIUS area she has represented a broad range of buyers and sellers from various industries, including complex structures involving private equity purchases and assessments of critical infrastructure under the FINSA rules.
A member of Pillsbury's Global Anticorruption and FCPA task force, Ms. Fischer counsels clients on FCPA compliance including the establishment of compliance programs and advises on daily compliance challenges involving businesses operating in high risk countries, conducts internal investigations, advises on FCPA due diligence for mergers and acquisitions, asset purchases or other investment transactions, and drafts agreements with foreign agents and representatives to maximize FCPA compliance. She also has particular expertise in the overlap in enforcement between the FCPA and the U.S. export control rules involving brokering and commissions in the defense sector.
Ms. Fischer has significant experience in trade remedy proceedings, including antidumping and countervailing duty proceedings, Section 301, Section 332 and safeguards investigations before the International Trade Commission, the U.S. Department of Commerce and the Office of the U.S. Trade Representative, as well as appeals to the Court of International Trade and the U.S. Court of Appeals for the Federal Circuit. She has organized and represented large industry coalitions in trade-related disputes, and represented a large coalition of U.S. nuclear utilities in the first antidumping matter before the U.S. Supreme Court. She also advises companies on strategies for and the impact of congressional actions on trade litigation matters.
Ms. Fischer counsels companies on customs law matters, including tariff classification, origin marking requirements, valuation methodologies, and rules of origin. She has assisted companies with obtaining rulings, designing internal compliance programs, and identifying sourcing options to minimize duties based on free trade agreements. She also advises on security initiatives undertaken by the Bureau of Customs and Border Protection.
Ms. Fischer has experience in advising companies and governments in dispute resolution proceedings conducted under the rules of the International Centre for the Settlement of Investment Disputes, the North American Free Trade Agreement, and the World Trade Organization on matters involving alleged expropriations, restrictions on market access, the enforcement of antitrust laws, and the interpretation and application of trade remedy legislation, and the General Agreement on Trade in Services.Ms. Fischer was acknowledged as a leading lawyer in the 2011 Chambers Global and 2011 Chambers USA: America's Leading Lawyers for Business in the category International Trade: Trade Remedies & Trade Policy.
- Chambers Global, International Trade: Export Controls & Economic Sanctions—USA (2013), Chambers Global, International Trade: Trade Remedies & Trade Policy—USA (2010-2012)
- Chambers USA, International Trade: Export Controls & Economic Sanctions (2012-2012),Chambers USA, International Trade—National (2009-2011)
Society for International Affairs; Trade Policy Forum; American Bar Association; Society for Satellite Professionals International
Court of International Trade, U.S. Court of Appeals for the Federal Circuit, U.S. Supreme Court