International Trade Due Diligence
Mr. Bilaniuk has extensive experience bringing his deep international trade and regulatory expertise to bear to conduct pre-acquisition and post-acquisition due diligence of target companies’ international business on his corporate colleague’s M&A deals. He conducts risk-based reviews with his international trade associates based on a given target’s level of international business, red flags and other risk factors. Mr. Bilaniuk advises clients on international trade liability risks including with respect to export control, OFAC sanctions, customs, forced labor supply chain, antiboycott and anti-corruption compliance liability risks. If a deal involves a foreign investment, he advises on the need to conduct a Committee on Foreign Investment in the United States (CFIUS) inbound investment national security review jurisdictional analysis. Mr. Bilaniuk has advised different parties in M&A deals:
- Advised acquiring companies about risk issues with target companies;
- Assisted target companies to prepare to respond to due diligence they are likely to face and assisted during due diligence phase in responding to acquiring company’s due diligence requests; and
- Advised representation and warranty insurer for M&A deals about extent of international trade due diligence by acquirer and identified concerns.
- Investigated acquiring company about liability risk issues of target company given its significant international business and identified potential violations; conducted additional due diligence of target. Post-acquisition, investigated potential export control, OFAC sanction, anti-boycott, and anti-corruption violations and prepared report detailing violations identified, as well as compliance program and other recommendations.
- Advised technology companies on anti-corruption and other international compliance issues (export controls, anti-boycott) as they entered certain foreign markets in the Middle East and Asia and established joint ventures; conducted FCPA due diligence on potential partners.
- Advised aerospace client on FCPA and as well as other international compliance issues as it pursued opportunities in Middle Eastern country.
- Advised information services/cybersecurity government contractor establishing joint venture in Middle East about export control, anti-boycott, and FCPA issues; supervised local counsel; drafted joint venture agreement with corporate colleagues; developed FCPA compliance program and conducted FCPA due diligence.