Photo of Francesca M.S. Guerrero

Francesca counsels clients on compliance with export controls, sanctions, import regulations, human rights and forced labor, and the FCPA and antibribery laws. She works closely with companies to develop tailored compliance programs that fit their specific needs, and routinely advises clients on some of their most challenging international transactions, involving dealings in high-risk jurisdictions or with high-risk counterparties. Francesca also counsels companies through all phases of internal investigations of potential trade and antibribery violations and represents companies across industries before related government agencies.

On March 30, 2023, the Department of Commerce’s Bureau of Industry and Security released a series of Frequently Asked Questions (FAQs) regarding human rights concerns and export controls. The FAQs address BIS’ authority under the Export Administration Regulations (EAR) to consider human rights concerns when reviewing export license applications, and states that exporters “are expected

In December 2021, the United States, Australia, Denmark and Norway announced the Export Controls and Human Rights Initiative to address export controls and human rights particularly in the area of misuse of certain advanced technologies by authoritarian governments for surveillance and human rights abuses. See Update of December 14, 2021. Since that meeting, the

On March 28, 2023, the Department of Commerce’s Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to confirm that the foreign policy interest of protecting human rights worldwide is a basis for adding entities to the Entity List. Specifically, this Final Rule amends 15 C.F.R. § 744.11 of the EAR regarding

On March 24, 2023, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated and sanctioned six entities and two individuals connected to Burma’s military “that have enabled the military regime’s continuing atrocities.” The entities have been designated for operating in the defense sector of the Burmese economy, “specifically based on their involvement

On March 24, 2023, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Final Rule adding 32 persons and entities to its Unverified List (UVL). The UVL contains the names and addresses of foreign persons who are or have been parties to a transaction involving the export, reexport, or transfer (in-country) of

On March 15, 2023, U.S. Customs and Border Protection (CBP) announced that it has activated two new license codes for use in the Automated Export System (AES). These new codes are related to an Interim Final Rule published by the Department of Commerce’s Bureau of Industry and Security (BIS) on October 13, 2022, that

On March 14, 2023, U.S. Customs and Border Protection (CBP) launched an interactive web page providing forced labor enforcement statistics under the Uyghur Forced Labor Prevention Act (UFLPA). CBP launched this “UFLPA statistics dashboard” to provide a single source of data on UFLPA enforcement actions. The dashboard provides information on the number of

On March 2, 2023, the Departments of Commerce, Justice and the Treasury issued a joint Compliance Note cautioning financial institutions and multinational companies subject to U.S. jurisdiction to “be vigilant against efforts by individuals or entities to evade sanctions and export control laws.” The Compliance Note emphasizes the “unprecedented scope and scale” of sanctions against

On the one-year anniversary of Russia’s invasion of Ukraine, President Joseph Biden on February 24, 2023, issued a Proclamation on Adjusting Imports of Aluminum Into the United States to implement: (1) effective March 10, 2023, a 200% import tariff on aluminum articles and derivative aluminum articles that are the products of Russia, and (2) effective