Aki Bayz has a multidisciplinary practice covering national security regulatory compliance and transactional matters.
National Security. Mr. Bayz advises clients on compliance with the applicable trade sanctions and economic embargoes administered by the Treasury Department Office of Foreign Assets Control (OFAC), the export control and anti-boycott requirements of the Commerce Department Bureau of Industry and Security (BIS), and military items subject to the jurisdiction of the State Department Directorate of Defense Trade Controls (DDTC). Mr. Bayz’s clients cover a broad range of companies, from multinational corporations engaged in international transactions worldwide to start-up entities exporting for the first time, and across an array of industries and sectors, including information technology, telecommunications, financial services, basic commodities, consumer goods, defense electronics, aerospace, biotechnology, medical devices, and semiconductors.
A significant focus of the national security practice is advising clients on the proposed acquisition of a U.S business by a non-U.S. entity that may implicate the Foreign Investment and National Security Act of 2007 (FINSA) and notifications to the Committee on Foreign Investment in the United States (CFIUS). This involves evaluating the national security implications of a proposed transaction, navigating the CFIUS process, and ongoing compliance with any CFIUS imposed mitigation requirements. To the extent a transaction involves classified activities subject to the National Industrial Security Program Operating Manual (NISPOM), Mr. Bayz works with clients to negotiate and implement appropriate arrangements to mitigate potential “foreign ownership, control or influence” as required under NISPOM.
Transactional. Mr. Bayz also has an active transactional practice focused on financial services related transactions, including the purchase and sale of consumer loan and credit portfolios and the establishment of credit programs. Transactional matters also include international and domestic project and commercial finance, acquisitions, joint ventures, and private equity financing.
Antitrust. Another regulatory area of expertise involves antitrust notifications under the Hart-Scott-Rodino Antitrust Improvement Act of 1976 (“HSR Act”) and similar international merger control and competition notification requirements. Mr. Bayz has over 20 years of experience analyzing transactions to determine the HSR Act thresholds are satisfied and whether any exemption applies, advising clients on HSR Act filing requirements, and working with counsel around the world to analyze local notification thresholds and required antitrust notifications.
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