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Brian Fleming, member at Miller & Chevalier, focuses his practice on investigations and compliance counselling in matters at the intersection of international trade and national security with an emphasis on economic sanctions, export controls and foreign direct investment. Mr Fleming advises leading US and foreign companies on compliance issues implicating the Treasury Department’s Office of Foreign Assets Control, the Commerce Department’s Bureau of Industry and Security and the State Department’s Directorate of Defense Trade Controls. He conducts internal investigations, coordinates responses to subpoenas and other investigative demands and represents companies and individuals in government enforcement actions.
Mr Fleming counsels US and foreign companies with respect to the Committee on Foreign Investment in the United States (CFIUS) process from pre-transaction risk assessments to preparation of voluntary and mandatory CFIUS filings and management of mitigation agreements. Additionally, Mr Fleming concentrates on core national security issues and advises clients on matters relating to cybersecurity, the Foreign Agents Registration Act, foreign ownership, control or influence, the Foreign Intelligence Surveillance Act and Department of Justice investigations of media leaks and disclosures of classified information. Mr Fleming also hosts the firm’s economic sanctions and export controls podcast, EMBARGOED!
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