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Export Controls Enforcement and Policy: Key Trends and a Look-Ahead to 2026

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MoFo's Chris Chamberlain, David Newman, and Brandon Van Grack will present an Ethisphere Webinar titled "Export Controls...

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MoFo's Chris Chamberlain, David Newman, and Brandon Van Grack will present an Ethisphere Webinar titled "Export Controls Enforcement and Policy: Key Trends and a Look-Ahead to 2026" on Thursday, September 25 at 12pm ET. This 60-minute session will feature former Bureau of Industry and Security (BIS) and DOJ officials for a look-ahead at the Trump Administration’s actions on export controls. Topics will include the prospect of a BIS “50% rule;” expected AI diffusion rules; take-aways from recent DOJ and BIS export enforcement actions; the status of controls related to Syria; and the future of semiconductor controls, including controls related to advanced computing/AI chips and semiconductor manufacturing equipment. For more information and registration, visit the event website.<hr>

Export Controls Enforcement and Policy: Key Trends and a Look-Ahead to 2026

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Chris Chamberlain is a partner in Morrison Foerster’s National Security Group. He previously served as a Senior Advisor at the U.S. Department of Commerce, Bureau of Industry and Security (BIS), where he focused on complex high-technology issues in export controls at the forefront of U.S. national security and foreign policy, including semiconductors. He brings over 15 years of government and private practice experience, including in-depth knowledge in export controls and related fields. Chris has extensive experience advising and engaging with senior government and industry leadership, and in navigating interagency and international coordination on export controls. During his time at BIS, Chris was a Senior Advisor to the Assistant Secretary of Commerce for Export Administration and was the senior policy lead for semiconductor manufacturing controls. He played a pivotal role in strategizing, drafting, and implementing key regulations and policy actions on semiconductor issues. Chris advised on key issues pertaining to the Department of Treasury’s outbound investment regulations. In his work in and out of government, Chris has led teams and personally handled the execution of virtually every aspect of regulatory implementation in export controls. This includes extensive coordination with enforcement personnel, engineers, and other regulatory and legal experts on issues arising from license applications and determinations, Advisory Opinions, Letter Authorizations and the Is-Informed process, and other regulatory mechanisms and issues. Chris also has extensive experience in the extraterritorial application of export controls, including under the Foreign Direct Product Rule (FDPR) and De Minimis Rule, and restrictions on U.S. Person activities. Chris has a particular industry focus on semiconductor production, microelectronics, telecommunications (including encryption), and emerging technologies such as artificial intelligence and machine learning. His experience also includes advising companies’ export controls issues in semiconductor design and test, cloud based services, and various technologies involved in autonomous vehicles, making him a valuable asset in navigating the regulatory landscape of these high-tech sectors. He also has extensive experience consulting with industry to provide feedback on regulations, and he has strategized and executed numerous internal investigations to assess compliance with U.S. trade and national security controls. In private practice, Chris has advised on the development and application of a wide array of national security and trade laws, with a specific focus on export controls (EAR/ITAR) and specializations in federal procurement and other regulations on cyber and supply chain security. Chris has extensive experience in export compliance, policy, and enforcement, having developed and implemented global compliance programs focused on trade and national security controls, especially on controls related to China and Russia. His work has involved advising on export jurisdiction and classification determinations (CCATS and Commodity Jurisdiction requests), strategizing and preparing export license applications and similar requests, and conducting internal risk assessments and investigations to assess compliance with U.S. trade controls. In the context of CFIUS, Chris has conducted export control jurisdiction and classification analysis in company-wide critical technology reviews for CFIUS filings and evaluated potential outcomes and timing for CFIUS reviews. He has also drafted guidance and advised on national security authorities in the context of commercial and corporate transactions, especially related to China and telecommunications, including undersea cable projects. Earlier in his career, Chris served as a Judicial Law Clerk to Judge Margaret Ryan on the United States Court of Appeals for the Armed Forces, where he drafted memoranda and briefed cases involving complex constitutional law and regulation. Prior to that, he worked as a Program Analyst in the Office of Audits at the Department of Homeland Security’s Office of the Inspector General, where he designed and executed audit plans focused on immigration, procurement, transportation, and grants. Chris earned his J.D., cum laude, from Georgetown University Law Center, where he was recognized as an Exceptional Pro Bono Pledge Honoree.

Chris Chamberlain

Partner

David Newman chairs the Firm’s interdisciplinary Government Strategies practice. A leader and co-founder of the National Security practice, he draws upon his deep experience in private practice and as a senior U.S. Department of Justice (DOJ) and White House oﬃcial to represent clients in high stakes matters involving national security, geopolitical risk, emerging technology, and crisis management. David also leads the Firm’s Crisis Management practice. Over two decades, David served in national security positions at the highest levels of government and the private sector.A former Principal Deputy Assistant Attorney General for National Security (PDAAG) and Associate Deputy Attorney General, David has extensive experience conducting internal and government-facing cross-border investigations. He regularly advises companies on cybersecurity incidents, sanctions and export control enforcement, Committee on Foreign Investment in the United States (CFIUS) reviews, and Foreign Agents Registration Act (FARA) matters.David launched the ﬁrm’s innovative Crisis Management practice nearly a decade ago, serving as a go-to resource for clients facing legal scrutiny by government agencies around the world. He understands how regulators and prosecutors think, enabling him to provide highly strategic counsel to clients across a broad range of industries. He has frequently served as a liaison between clients and government agencies and counseled on the regulation of new and emerging technologies. Among other distinctions, David was selected to the Washingtonian’s 2026 list of the 500 Most Influential People Shaping Policy. Earlier in his career, for his work advising companies on how to navigate the COVID-19 pandemic, he was named a “Trailblazer” by the National Law Journal. His commentary and thought leadership on law and technology have appeared in and been quoted in The Wall Street Journal, Bloomberg, CNBC, and Wired Magazine, among other publications.A partner at MoFo until January 2021, David returned to DOJ as part of the “day one” leadership team in connection with the change in Administration. From 2021 to 2022, he served as Associate Deputy Attorney General. From 2022 to 2025, he served as PDAAG, DOJ’s second-highest-ranking national security oﬃcial, supervising the work of nearly 300 career attorneys in DOJ’s National Security Division (NSD) with engagement across virtually all aspects of NSD’s portfolio, including supervision of DOJ’s criminal enforcement programs for sanctions, export controls, counterterrorism, counterespionage, and FARA. During his tenure, NSD created the “NatSecCyber” section, the ﬁrst new litigating section in NSD’s history with a mission to centralize DOJ’s prosecutions and disruptions of national security cyber threats emanating from China, Russia, Iran, and North Korea (among other U.S. adversaries); restructured and expanded NSD’s corporate enforcement program; and spearheaded the U.S. government’s approach to countering the threats posed by foreign adversary access to Americans’ sensitive bulk data. In addition to his responsibilities supervising investigations and prosecutions, David served for more than two years as DOJ’s regular representative to Assistant Secretary meetings of CFIUS; represented DOJ at dozens of National Security Council (NSC) meetings; and led administration-wide initiatives involving emerging technology, bulk data security, and countering foreign malign inﬂuence and transnational repression.In private practice, David has routinely advised clients on cybersecurity and data privacy matters including sensitive issues involving incident preparedness and response, emerging technology regulation, and economic espionage. In 2024, he delivered the capstone address at the U.S. Cyber Command Annual Legal Conference. He has testiﬁed before Congress on the threats to national security posed by emerging technology, including serving as lead briefer for an all Member brieﬁng on proposed legislation to address the national security risks posed by TikTok and other foreign adversary-controlled social media applications. He also served as the U.S. government’s lead representative in international meetings and initiatives to address the evolving threat landscape of foreign malign inﬂuence and transnational repression. Named several years ago as one of the top “40 under 40” ﬁgures in the data law bar around the world by Global Data Review, he is routinely asked to advise on unsettled legal questions at the intersection of law and emerging technology.David’s practice extends to advising on congressional oversight matters related to national security and emerging technology. While in private practice, David advised leading company executives and other prominent individuals related to high-proﬁle hearings and investigations of the Senate and House Judiciary Committee, among other congressional committees. In his positions in government, David regularly briefed congressional members and staﬀ on sensitive national security developments and coordinated responses to congressional inquiries.Earlier in his career, David held key national security legal and policy posts at the White House, including serving as Special Assistant and Associate Counsel to President Obama (2015–2017) and in multiple roles on the NSC staﬀ (2013–2015). He began his Executive Branch tenure as a career attorney in DOJ’s NSD. David clerked for Justice Ruth Bader Ginsburg of the U.S. Supreme Court, Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit, and Judge Jed S. Rakoﬀ of the U.S. District Court for the Southern District of New York.He received his J.D. from Yale Law School and his B.A. summa cum laude from Columbia University.<h4>Selected Private Practice Matters</h4><ul><li>Represented global services firm in internal investigation concerning potential violations connected to customs and trade-related engagements with a Chinese technology company accused of tariff evasion.</li><li>Responded to DOJ civil investigative demand issued to a global company in connection with a False Claims Act investigation relating to customs and trade-related disclosures.</li><li>Advised a major U.S. telecommunications company that successfully obtained national security and other regulatory approvals at the federal and state levels in connection with a now-completed $59 billion merger.</li><li>Represented a prominent U.S. company in the course of a high-proﬁle, multijurisdictional, government-facing bribery investigation in Africa before the U.S. Department of Justice and other non-U.S. authorities.</li></ul><ul><li>Counseled leading U.S. companies across a range of industries – including in the technology, life sciences, and financial services sector – on instituting programs to comply with the DOJ Data Security Program, which restricts the transfer of Americans’ sensitive bulk data to China and other countries of concern.</li><li>Advised a series of U.S. companies targeted by North Korea’s remote IT worker scheme, including on remediation and engagement with the DOJ and FBI. </li><li>Conducted cybersecurity tabletop exercises at the operator, executive, and board levels for Fortune 500 organizations in the technology, healthcare, retail, and life sciences sectors.</li><li>Counseled multiple companies in the energy, financial services, and logistics sectors doing business in Latin America on compliance with the U.S. government’s FTO designations of cartels and transnational criminal organizations.</li><li>Coordinated the work of the independent corporate compliance monitor for a large South American company in the wake of a multijurisdictional resolution with DOJ.</li><li>Advised companies across different industries on global and country-specific dawn raid protocols, employee guidance, and data management strategies to mitigate risk and disruption and anticipate the concerns of regulators.</li><li>Conducted CFIUS counseling in several multi-billion-dollar transactions in which a non-U.S. investor pursued positions in leading and emerging technology companies.</li></ul>

David Newman

Brandon L. Van Grack helps lead Morrison Foerster’s National Security group and the Crisis Management group. His practice focuses on investigations, criminal defense, and compliance matters involving export controls and sanctions, foreign investment, and cyber incidents. Brandon’s arrival to the firm follows more than a decade of service at the U.S. Department of Justice (DOJ), where he held multiple senior positions. In those positions, he helped manage the U.S. government’s tools to address perceived national security threats in China and Russia, oversaw every criminal investigation involving sanctions and export controls, and was Chief of DOJ’s Foreign Agents Registration Act (FARA) Unit.Brandon’s leadership and breadth of national security experience offers clients in the financial services, technology, artificial intelligence, defense, media, and communications sectors unmatched insider enforcement perspective across the entire national security landscape, including sanctions, the Committee on Foreign Investment in the United States (CFIUS), export control, cybersecurity matters, and FARA.<blockquote>“Brandon sees around corners. He tells me where the government is going.” – Chambers USA</blockquote><h4>Investigations & White Collar Defense </h4>At the DOJ, Brandon led and supervised some of the government’s most significant corporate investigations and resolutions across the national security spectrum. As Counsel to the Assistant Attorney General for National Security, and a Trial Attorney in the Counterintelligence & Export Control Section, he worked on the resolution of almost every significant corporate matter pertaining to export control and sanctions violations in the last decade and is one of the few attorneys to have managed the DOJ’s Voluntary Self‑Disclosure Program for export control and sanctions violations. As Chief of the FARA Unit, he directed scores of investigations of companies for acting as unregistered foreign agents. A selection of Brandon’s investigation & white collar defense experience includes:<ul><li>Obtained closure letter from DOJ for Cole Engineering Services, a subsidiary of By Light Professional IT Services LLC, less than six months after federal agents executed a search warrant at the company as part of a DOJ investigation.</li><li>Obtained declination from DOJ’s Criminal Fraud Section and United States Attorney’s Office for a prominent advertising and marketing agency concerning allegations that the company insiders improperly obtained and used Paycheck Protection Program (PPP) funds.</li></ul><h4>Sanctions, Export Control, & Foreign Investment</h4>As Counsel to the Assistant Attorney General, Brandon oversaw every criminal investigation involving export control and sanctions and led the DOJ’s response to the Obama Administration’s rollback of sanctions targeting Iran—the Joint Comprehensive Plan of Action (JCPOA). As a Trial Attorney, he prosecuted more than 30 export control and sanctions cases, including first-ever cases involving North Korea, weapons of mass destruction, and the Atomic Energy Act. In the first Trump Administration, Brandon led DOJ’s review of transactions involving foreign influence before CFIUS and Team Telecom; he also managed the DOJ’s review of transactions before CFIUS during the Obama Administration. A selection of Brandon’s sanctions, export control, & foreign investment experience includes:<ul><li>Represented global services firm in internal investigation concerning potential violations connected to customs and trade-related engagements with a Chinese technology company accused of tariff evasion.</li><li>Responded to DOJ civil investigative demand issued to a global company in connection with a False Claims Act investigation relating to customs and trade-related disclosures.</li><li>Obtained declination from DOJ and Department of State for individual accused of violating the International Traffic in Arms Regulations (ITAR) and brokering.  </li><li>Obtained declination from DOJ for CEO of a global technology company subject to criminal and civil investigations into alleged violations of the Export Administration Regulations (EAR).</li><li>Obtained license on an expedited timeline from the Bureau of Industry and Security (BIS) for a U.S. technology and manufacturing company to winddown operations in Russia.</li><li>Represent global retailer to conduct internal investigation and draft disclosures to civil authorities pertaining to potential apparent violations of U.S. sanctions and export controls laws.</li><li>Developed U.S. sanctions compliance program for artificial intelligence company and advised on implementation, including ongoing support for compliance processes and procedures.</li><li>Led internal investigation and submitted response to OFAC subpoena for software development company regarding potential violations of multiple sanctions programs; obtained cautionary letter.</li><li>Conducted international investigation concerning federal and state material support statutes as well as related sanctions issues for prominent international organization.</li><li>Represented cryptocurrency exchange before CFIUS in one of the largest cryptocurrency-related transactions and first filing involving digital assets before the Committee.</li><li>Represented Kahoot!, a global learning platform company based in Norway, in CFIUS matters related to its acquisition of Clever Inc.</li><li>Successfully petitioned Customs and Border Protection (CBP) for the release of seized property and resolved related export control disclosures with the Department of State with a “no action” letter.  </li></ul><h4>FARA & the Lobbying Disclosure Act</h4>As Chief of the FARA Unit in the first Trump Administration, and the first official to supervise all foreign influence matters across the DOJ, Brandon revitalized and transformed the enforcement of FARA. Following the DOJ’s announcement making FARA an enforcement priority, he supervised a team of 40 attorneys and staff that opened a record number of investigations, pursued a record number of enforcement actions, secured a record number of registrations, and obtained the first civil injunction involving FARA in nearly three decades. Brandon also directed the review of Lobbying Disclosure Act (LDA) filings for criminal violations and regulated the exemption under FARA for LDA registrants. He also wrote the book on FARA enforcement for the American Bar Association. A selection of Brandon’s FARA & Lobbying Disclosure Act experience includes:<ul><li>Obtained first-ever closure letter from DOJ FARA Unit for a technology company under investigation for potential FARA violations.</li><li>Obtained declination from DOJ for sports organization in connection with a FARA investigation. </li></ul><h4>Cybersecurity </h4>As a long-time prosecutor, including as a Special Assistant U.S. Attorney for the U.S. Attorney’s Office for the Eastern District of Virginia, Brandon directed complex cyber investigations, including multiple matters involving state-sponsored cyber attacks. He prosecuted the first person convicted as a cyberterrorist and led the investigation of an international hacking group for identity theft, extortion, and dozens of spearphishing attacks against public and private entities. He also collaborated with other government agencies, such as the Securities and Exchange Commission, Federal Bureau of Investigation, and the Department of Homeland Security, to facilitate cooperation from corporate victims and disseminate threat information. A selection of Brandon’s cybersecurity experience includes:<ul><li>Obtained assistance from FBI and local enforcement for a data and analytics firm to disrupt cyber-enabled campaign of former employee targeting customers.</li></ul>During his time at the DOJ, Brandon handled the entire range of national security matters. He led and supervised investigations and prosecutions involving espionage, economic espionage, mishandling of classified information, and theft of trade secrets. He also directed investigations involving treason, mutiny, the Neutrality Act, and the Logan Act, and worked closely with the Department of Education on matters pertaining foreign influence, foreign funding, and national security.Brandon has been widely recognized for his deep experience in handling national security matters, and keynotes and speaks at industry conferences involving export control and sanctions, CFIUS, FARA, and political law. He has received numerous awards for his work, including the Attorney General’s Award for Distinguished Service (2018), the FBI Director’s Award for Outstanding Cyber Investigation (2017), the Director of National Counterintelligence’s Award for Excellence (2019), the Homeland Security Investigations Executive Associate Director’s Award for Outstanding Counterproliferation Investigation (2014), and five awards from the Assistant Attorney General for National Security.Brandon regularly provides insight on national security issues and DOJ matters with national media. He is a frequent contributor on cable news, including MSNBC’s The Rachel Maddow Show, Deadline: Whitehouse and All In with Chris Hayes, ABC's Good Morning America, NBC's Meet the Press, CNN, BBC News, Sky News and NHK World. He also regularly appears on NPR’s Morning Edition. He has been quoted on a variety of national security topics in the Wall Street Journal, New York Times, and Washington Post, among others,Brandon is also a Contributing Editor to the Lawfare blog and co-host of <a href="https://www.lawfaremedia.org/podcasts-multimedia/podcast/the-regulators-series" target="_blank">The Regulators</a> podcast, where he speaks with key U.S. government regulators in the national security space, including leaders at OFAC, CFIUS, the Bureau of Industry and Security, DOJ, FinCEN, the Office of Information and Communications Technology and Services (ICTS), and FBI.

Export Controls Enforcement and Policy: Key Trends and a Look-Ahead to 2026

25 Sep 2025 12:00 PM - 1:00 PM EDT