Thought Leadership 07.09.18
Fischer demonstrates 'tremendous command of the regulations' and has a 'good sense of how businesses work.'
Nancy Fischer leads the law firm’s Public Practices and Public Policy teams and is recognized as an authority on international trade law.
Nancy advises a global clientele on international trade matters and dispute resolution and the impact of U.S. regulations on worldwide trade and investments. She provides guidance on export controls; embargoes; FCPA and other anti-bribery laws; CFIUS reviews; trade remedies; customs laws; and WTO and NAFTA disputes. Nancy has represented large industry coalitions in disputes, including a group of nuclear utilities in the first antidumping matter before the U.S. Supreme Court.
Conducted extensive internal investigation on Foreign Corrupt Practices Act and Brazilian anti-corruption law compliance for a Japanese company investing in the Brazilian shipbuilding industry.
Navigated the Committee on Foreign Investment in the U.S. (CFIUS) review process for a Chinese government-owned client acquiring a global semiconductor equipment provider, successfully obtaining CFIUS clearance for the transaction.
Conducted extensive internal investigation for a private security contractor regarding alleged criminal and civil violations of International Traffic in Arms Regulations and Export Administration Regulations and prepared comprehensive voluntary disclosures.
- Anti-Money Laundering
- Revised Know-Your-Customer (KYC) sanctions guidelines for leading global provider of business, legal, and financial services.
- Advised cruise line with gambling operations on various aspects of U.S. anti-money laundering rules including casino AML programs, currency transfer, money services business, customer due diligence and other matters.
- Assisted on KYC, Customer Identification Program (CIP) and Enhanced Due Diligence (EDD) reviews and programs.
- Customs Compliance & Enforcement
- Conducted internal reviews and prepared prior disclosures to CBP concerning compliance by an energy company with an anti-dumping duty order.
- Advised a manufacturer on customs law origin marking requirements and Trade Agreements Act domestic content rules.
- Assisted a global security solutions company in reviewing the country of origin of its products related to Buy America, Buy American and Trade Agreement Act Compliance.
- Economic Sanctions & Embargoes
- Advised international media company in connection with potential field work in embargoed destinations, seeking regulatory guidance and obtaining licensing.
- Assisted major international aerospace manufacturers with licenses to ship aircraft and components to sensitive countries and implementing compliance programs.
- Advised major manufacturing companies with compliance and licensing issues in connection with proposed exports of products to Cuba.
- Advised global satellite service providers on OFAC licensing and compliance.
- Advised cruise line on U.S. sanctions rules in relation to passengers, employees and operations. Obtained licenses related to Crimea sanctions. Advised on Cuba sanctions reform.
- Conducted extensive internal investigations of major international travel service providers with respect to compliance with Cuba sanctions regulations and extra-territorial conflicts with blocking measures adopted in EU and various member states, Canada, Mexico and Argentina. Represented these companies in OFAC enforcement proceedings.
- Export & Technology Transfer Controls
- Advised a major aerospace manufacturer on classification and licensing issues related to the incorporation of ITAR controlled content in civil aircraft.
- Advised a non-U.S. company on Commerce Department license exceptions relating to aircraft, the overlap of U.S. sanctions and export control policies, and obtaining licenses authorizing exports to a jurisdiction subject to U.S. sanctions.
- Advised satellite company on compliance with ITAR and EAR rules including transition to EAR due to Export Control Reform.
- Conducted extensive internal investigation related to alleged ITAR and EAR criminal and civil violations for a private security contractor and preparing comprehensive voluntary disclosures to DDTC, BIS and Census regarding exports of controlled items and provision of potential defense services.
- Provided training sessions and internal assessments for global defense manufacturer on control of technology, technical data and derived data in the wake of U.S. export control reform.
- Worked with a major electronics manufacturer to navigate the overlap of U.S. export controls and evolving sanctions policies for Iran which permit certain sales of consumer electronics and services to enable internet access and communication.
- Conducted internal investigation and designed a strategy of complementary licensing, CCATS and voluntary disclosure filings to address the export of encryption software and potential prior violations.
- Conducted internal investigation on printer manufacturer and its subsidiaries concerning Iran and Syria transactions, and prepared disclosures to OFAC and BIS.
- Advised electronics and semiconductor companies on compliance with encryption regulations under the EAR, and related filings including registration, classification and reporting.
- Foreign Corrupt Practices Act (FCPA)
- Advised major defense contractor on FCPA compliance in connection with potential sales to Middle East governments through required local country partners.
- Conducted FCPA internal investigation for U.S. defense manufacturer in connection with sales and third-party agent activities in Mexico.
- Advised international media company on FCPA best practices when hiring local agents in high-risk jurisdictions.
- Advised Norwegian company on drafting and implementing a global anti-corruption compliance program including the FCPA, UK Bribery Act and Norwegian anti-corruption laws.
- Conducted extensive internal investigation on FCPA and Brazilian anti-corruption law compliance for Asian company investors in the Brazilian ship building industry.
- Prepared FCPA and China anti-corruption compliance policies and drafted anti-corruption clauses for distribution and local agent agreements for a U.S. manufacturing company expanding its business in China.
- Conducted FCPA, UK Bribery Act and Chinese anti-corruption law training for many clients in the telecommunications, manufacturing, technology and life sciences sectors.
- Assisted a U.S.-based airline with conducting a comprehensive FCPA review of its policies, practices and procedures and provided FCPA training.
- Regulation of Foreign Investment & National Security
- Successfully navigated the CFIUS review process for a Chinese government-owned client in acquiring a global semiconductor equipment provider. Advised client on structural and other corporate transactional matters to minimize potential national security concerns.
- Provided regulatory counseling to a group of Chinese investors in a potential acquisition of a semiconductor company. Advised client on transaction structure to address potential CFIUS issues and successfully obtained CFIUS clearance.
- Provided U.S.-based semiconductor company with CFIUS risk assessment of potential foreign investors. Assisted company with CFIUS filing in connection with potential acquisition by Japanese company.
- Successfully obtained CFIUS approval for a U.S.-based manufacturer/distributor of chemicals and diagnostics products regarding an acquisition by a China state-owned enterprise. Assisted seller in comprehensive review of its export control compliance matters and its sales to various U.S. government agencies to facilitate CFIUS review process.
- Successfully obtained CFIUS approval for a U.S.-based cloud contact center software firm. Assisted the seller in conducting a review of its export control classifications and procedures in order to facilitate the CFIUS review process and enhance the company’s export compliance.
Successfully advised a European government-owned aerospace corporation on foreign ownership restrictions, involving extensive negotiations with DSS, CFIUS and the State Department. Assisted with the Technology Control Plan and electronic communication plan and the SSA.
- Assisted U.S. security screening company obtain CFIUS clearance in connection with potential foreign acquisition. Advised company on compliance with related notifications to other U.S. agencies, including DSS.
- Trade Remedy Proceedings
- Organized and represented nuclear industry coalition, known as the Ad Hoc Utilities Group (AHUG), with unique standing in novel trade remedy dispute involving whether sales of services could be subject to the antidumping laws before DOC, ITC, CIT, CAFC, and the first antidumping case at the U.S. Supreme Court.
- Represented U.S. fabricator in DOC administrative reviews and changed circumstances review related to an antidumping duty order’s certification and reexport requirements involving impact of Japanese tsunami on reexport requirements.
- Organized and represented AHUG in trade remedy dispute involving multiple sunset reviews and suspension agreement compliance in the Uranium from Russia case before the DOC, ITC and CIT.
- Represented multiple Brazilian steel companies in antidumping and countervailing duty cases involving Flat-Rolled Carbon Steel Products from Brazil. Cases involved novel issues of the treatment of pre-privatization subsidies to post privatized entities and involved appeals to the CIT and CAFC.
- Represented Dutch subsidiary of Japanese parent company in antidumping case on Color Negative Photographic Paper and Chemical Components. Advised client on Section 301 investigation related to alleged trade barriers in Japan.
Recognized by Chambers Global and Chambers USA in International Trade, including for Export Controls & Economic Sanctions and Trade Remedies & Trade Policy.
Listed in The Legal 500 U.S., International Trade (2015 – 2017).
Presented “The Realities of Conducting Business in Iran or Newly Opened Markets: A Practical Discussion on Pitfalls to Avoid” at C5’s 2016 Exporter’s Forum on Global Economic Sanctions in Amsterdam.
- Honors & Awards
- Profiled as a key member of Pillsbury’s Latin Lawyer 250-ranked practice in the region
- Society for International Affairs
- Trade Policy Forum
- American Bar Association
- Society for Satellite Professionals International
- Swedish American Chamber of Commerce DC (Board member and President)
- University of Georgia Terry College of Business Alumni Board Member
- Speaking Engagements
PLI Program: Coping with U.S. Export Controls and Sanctions 2017 – Identifying and Managing Trade Control Risks in Corporate Transactions Panel (Dec. 14-15, 2017, Washington, D.C.)
- C5’s 6th Annual Conference on Economic Sanctions & Financial Crimes, London, November 2017
- 2017 China CLE Program – Presentations on (1) The Reach of US Law – How the FCPA and U.S. Sanctions Law Impact Chinese Companies; (2) The Impact of CFIUS on Chinese Acquisitions and Investments in the U.S.; (3) Import Restrictions on Chinese Products Under the Trump Administration (New Anti-dumping Methods, Sections 201 &232), Shanghai, October, 2017
12th Annual SMi Defence Exports Conference, Rome, Italy, September 2017
Pillsbury’s Government Contracts Fall 2017 Briefing – Panel on M&A Regulatory Issues (CFIUS), Tysons, VA, October 2017
Pillsbury’s Executive Breakfast on CFIUS Issues and Implications; Silicon Valley, CA and Washington, D.C.; June 2017
“Focus on Iran: Tips and Traps for Manufactures, Lenders and Insurers”, C5’s 11th Annual Exporters and Financial Institutions Forum on Global Economic Sanctions, Amsterdam, May 2017
“US Re-Export Controls 101: Ensuring Compliance within your Company Programme”, C5’s Trade Compliance Nordics, Copenhagen, April 2017
Asia America Multi Technology Association (AAMA)/Pillsbury Annual Dinner on CFIUS and China, January 2017
“New Customer Due Diligence (CDD) and Beneficial Ownership Disclosure post Panama Papers”, C5’s Economic Sanctions and Financial Crime Forum, London, November 2016
ACC Aircraft Leasing Conference presentation on Sanctions, London, November 2016
BAE European Suppliers Conference on Export Controls and Sanctions, London, October 2016
“Risky Business: Complying with New US and EU Rules on Trade with Iran”, SMI Defence Industry Export Control Conference, Amsterdam, September 2016
“Expanding Your Business Base Abroad Brings Risks. How Can You Best Mitigate Export Controls, Foreign Corrupt Practices and Sanctions Issues?” Pillsbury Government Contracts Seminar, San Diego, June 2016
Cuba, and Iran Sanctions, Pillsbury CLE Marathon, New York, February 2016
“Developments in the State Department’s Defense Trade Program,” PLI’s Coping with Export Controls and Economic Sanctions, Washington, DC, December 2015
“Verifying the Cargo to Avoid Facilitating the Movement of Unauthorised Dual-Use Goods into Sanctioned Regions and Prevent Money Laundering Activities,” C5, Economic Sanctions and Financial Crime for Financial Institutions and Insurance, London, November 2015
“The ECR Transition is Here: Is Your Company Ready?” SMi Defense Exports conference, Amsterdam, October 2015
SMi Defense Exports Conference, Singapore, May 2015
J.D., Syracuse University College of Law, 1992
magna cum laude, Law Review
B.B.A., University of Georgia, 1989
District of Columbia
U.S. Supreme Court
U.S. Court of Appeals for the Federal Circuit
Court of International Trade