Alexandra Lopez-Casero

My focus

US Export and Sanctions Compliance

I focus on US export control and sanctions laws. I advise US, multinational, and non-US companies on all aspects of US export controls and sanctions compliance. My practice spans counseling companies on regulatory compliance, addressing complex, hot-button regulatory questions, drafting and implementing custom-made compliance plans and procedures, and managing voluntary disclosures and internal investigations. A significant portion of my practice also involves performing export controls due diligence on US target companies, advising US and non-US acquirers and strategic investors of compliance risks and potential violations, and post-closing integration/corrective action plans, covering all phases of export compliance, from the first point of regulatory risk through post-shipment activities.

I am equally knowledgeable about all three export controls and sanctions regimes: the International Traffic in Arms Regulations (ITAR) involving defense articles and defense services, the Export Administration Regulations (EAR) involving “dual use” and commercial products, and compliance with the embargo and sanctions programs of the Office of Foreign Assets Control (OFAC). I am a member of the Steering Group of the Export Controls and Economic Sanctions Committee of the American Bar Association.

Representative experience

• Ms. Lopez-Casero's ITAR experience spans all aspects of ITAR compliance, including commodity jurisdiction and classification, registration requirements, licensing strategies, license proviso compliance, TAAs and MLAs, re-exports and transfers, deemed (re-)export controls and other technology controls, internal assessments and gap analysis, self-audits, disclosures, training and process creation. She represents clients ranging from defense contractors to manufacturers of industrial products, electronic products and software developers on compliance with ITAR. Ms. Lopez-Casero's experience enables her to carefully tailor ITAR compliance strategies to fit each client’s industry and compliance risk. She also works closely with firms that are new to the ITAR and the processes required to conduct an ITAR-compliant business.
• Ms. Lopez-Casero also has extensive experience with exports of dual use and commercial products. She counsels US, multinationals and non-US companies on the EAR navigating them through all aspects of EAR compliance, including product classification, licensing requirements and strategies, license preparation, end use and end user controls, deemed export controls, technology controls, compliance manuals and processes, and regulatory interpretation. Ms. Lopez-Casero's experience includes software classification and mastering the EAR’s encryption controls and license exceptions.
• Ms. Lopez-Casero's OFAC experience covers all US sanctions regimes, including the rapidly changing economic sanctions restrictions regarding Russia, Iran, Venezuela, North Korea, Cuba, and Sudan. Ms. Lopez-Casero speaks and writes regularly on trade control and compliance issues. She has been repeatedly cited by the Wall Street Journal on matters pertaining to export controls and US sanctions, as well as by other publications, including the Export Practitioner and International Trade Law 360.
• Alexandra has significant experience representing US and non-US companies on all aspects of the US national security review process before CFIUS. Her clients range from technology companies, international construction and energy companies, defense contractors, manufacturers and private equity firms to non-US government-owned businesses. By way of example, some of Alexandra's representative experience in securing CFIUS approval includes:
• Represented a leading science and technology company based in Baden-Württemberg, Germany, in the merger of its wholly-owned subsidiary with a publicly traded, NASDAQ-listed company, based in Silicon Valley that specializes in advanced materials innovation, with a particular focus on the semiconductor industry
• Represented a Calgary-based manufacturer of lithium cells and packs for use in the oil and gas drilling sector in its acquisition of a Massachusetts-based battery pack manufacturing, cable and harness assembly and electro-mechanical box-build business
• Represented the Japanese seller of various US marine container terminals to a non-US buyer
• Represented a Spanish infrastructure firm in its acquisition of a US provider of construction and maintenance work on transmission and infrastructure assets
• Represented a Scandinavian private equity fund in its acquisition of a controlling interest in a US technology company that develops mobile video collaboration solutions subject to the ITAR
• Represented a U.S. manufacturer of components subject to the ITAR being acquired by a French manufacturer partially owned by the French government
• Represented a European luxury car manufacturer in its acquisition of a US manufacturer of custom robotics, specialty tooling and remote visual inspection systems
• Represented a Malaysian agricultural company owned by the Malaysian government in its acquisition of a US oleochemical company and its related private railway
• Represented a leading European manufacturer of ropes, strapping and twines suited for use in highly advanced applications in its acquisition of a US manufacturer of dynamic and static ropes used in industrial and recreational applications
• Represented a French defense contractor in its acquisition of a US provider of aircraft components, Ground Support Test Equipment (GSTE) and aircraft maintenance and repair services

Insights

• “The Rules Have Changed: Best Practices for Responding to New Export Control Regulations,” ABA International Law Section, Annual Conference, Panel Participant, May 7-10, 2024, Washington, DC
• “Demystifying the Technology Underlying Semiconductor-based Regulations for Non-Technologists,” ABA International Law Section, Annual Conference, Chair of Panel, May 7-10, 2024, Washington, DC
• “Sanktionsbestimmungen aus der Sicht der USA (Fokus China, Russland, Iran),” WKO Aussenwirtschaftsforum Wien, April 19, 2024
• “Implications of Entity List Designations (incl. Footnotes 1-4), EAR License Exceptions; OFAC-Administered Sanctions,” AWA Insiderforum, Brühl, April 16, 2024
• “2023 US Export Controls Year-in-Review,” ABA 2023 US Export Controls Year-in-Review, February 21, 2024
• “The Updated Semiconductor and Advanced Computing Rules: Deconstructing Newly-Expanded Export Controls,” The Massachusetts Export Center Export Expo, January 25, 2024
• “Russia Sanctions and Export Controls Update: A Year Later,” Massachusetts Export Center, Export Compliance and Enforcement Webinar, March 24, 2023
• “Brief overview of U.S. Export Controls - News from BIS and OFAC for re-exporters,” Akademie für Aussenwirtschaftsrecht (AWA) Export Controls Update 2023, Webinar, March 23, 2023
• “Verschärfung der US-Sanktionen gegen Russland“ (Tightening of U.S. Sanctions against Russia), published in: Ukraine-Krieg und Recht (UkuR), Verlag C.H. Beck München, 15. March 2023 
• “Entwicklungen im US-(Re)Exportrecht, Key EAR Regulatory Changes and OFAC Sanctions Developments”, Austrian Federal Economic Chamber (Wirtschaftskammer Österreich or WKO):  Annual Conference, January 10, 2023
• “Russia (re-)export controls and sanctions, Foreign Direct Product Rule-related changes, Semiconductor and Supercomputing Controls, Key classification-related changes”, IHK München (Munich Chamber of Commerce), November 22, 2022
• “US Sanctions on Russia,” Italian Chamber of Commerce, Webinar, June 15, 2022
• “US Sanctions against Russia and Belarus,” Spectaris, German Industry Association for Optics, Photonics, Analytical and Medical Technologies, Webinar, June 14, 2022
• “Aktualisierte Kurzübersicht der US-Sanktionen gegen Russland“ (Updated Overview of U.S. Sanctions against Russia), published in: Ukraine-Krieg und Recht (UkuR), Verlag C.H. Beck München, June  2022
• “An Overview and Discussion of the New US & UK Sanctions on Russia,” Association of Corporate Counsel, Webinar, April 27, 2022
• “Kurzübersicht der US-Sanktionen gegen Russland“ (Overview of U.S. Sanctions against Russia), published in: Ukraine-Krieg und Recht (UkuR), Verlag C.H. Beck München, 7. April 2022 
• “US Export Control and Sanctions Update,” Nixon Peabody CLE program, March 2022
• “Briefing on the US sanctions against Russia,” German Steel Association Legal Committee, Webinar,  March 23, 2022
• “New US export controls and sanctions against Russia,” Austrian Embassy in Washington, DC, and Austrian Chamber of Commerce, Webinar, March 23, 2022
• “Russian counter-sanctions: time to review the supply chain (again),” Export Compliance Manager, quoted on the Russia sanctions implications for US businesses, March 2022
• “Russia-Ukraine Crisis: Latest developments in US and EU Export Controls and Sanctions,” Nixon Peabody Webinar for Firm Clients, March 10, 2022
• “An Overview and Discussion of the New US Sanctions on Russia,” TerraLex Webinar, March 2, 2022
• “Export Administration Regulations Update: US-Exportkontrollen gegen Russland und Belarus“ (Export Administration Regulations Update: U.S. Export Controls against Russia and Belarus), published in: Ukraine-Krieg und Recht (UkuR), Verlag C.H. Beck München, February 2022
• “Export Controls 2021 – A Year-in-Review,” Akademie für Aussenwirtschaftsrecht (AWA) – Germany, Annual Trade Conference, February 10, 2022
• “Export Controls 2021 Year in Review,” Massachusetts Export Center - Export Expo, January 27, 2022
• “US Export Control Regulations in the Defense Sector: an overview about the defense industry & export compliance,” Austrian Embassy’s US Public Procurement Academy, November 10, 2021
• “Need-to-Know Updates on Import and Export Controls,” Ontario Bar Association's Institute Webinar Series, November 10, 2021
• “US Sanctions Enforcement: OFAC Cases from 2021 & 2020,” Akademie für Aussenwirtschaftsrecht (AWA) Germany, Webinar, June 14, 2021
• “US Sanctions against Huawei and the expanded Foreign Direct Product Rule,” Akademie für Aussenwirtschaftsrecht (AWA) Germany, Webinar, May 5, 2021
• “US Export Control and Sanctions Developments,” Austrian Embassy Washington, Advantage Austria, Webinar, April 29, 2021
• “US Export Controls and Reexport Controls regarding China,” Akademie für Aussenwirtschaftsrecht (AWA) Germany, Webinar, April 28, 2021
• “Reexports: Applying the De Minimis Rule, the Expanded Direct Product Rule, and the Second Incorporation Rule,” Akademie für Aussenwirtschaftsrecht (AWA) Germany, Webinar, April 26, 2021
• “US sanctions against Russia and OFAC’s 50% Rule,” Akademie für Aussenwirtschaftsrecht (AWA) Germany, Webinar, April 22, 2021
• “License exceptions under the EAR and how to use them,” Akademie für Aussenwirtschaftsrecht (AWA) Germany, Webinar, April 19, 2021
• “Export Control 2020 Year-in-Review,” Massachusetts Export Center, Webinar, January 14, 2021
• “License Exceptions under the Export Administration Regulations,” Akademie für Aussenwirtschaftsrecht (AWA) Germany, Webinar, November 3, 2020
• “US Sanctions Agency Is Losing Record Number of Employees,” Export Compliance Daily, quoted on the OFAC turnover issue, November 2, 2020
• “Best Practices for End Use & End User Due Diligence,” Massachusetts Export Center, Webinar, October 23, 2020
• “Reexports: Applying the De Minimis Rule, the Expanded Direct Product Rule, and the Second Incorporation Rule,” Akademie für Aussenwirtschaftsrecht (AWA) Germany, Webinar, October 6, 2020
• “New US Sanctions against Huawei and how they affect German exporters,” Akademie für Aussenwirtschaftsrecht (AWA) Germany, Webinar, July 1, 2020
• “US De Minimis Rules—When do US Export Controls apply to German products?” Akademie für Aussenwirtschaftsrecht (AWA) Germany, Webinar, June 25, 2020
• “Russia sanctions and OFAC’s 50% Rule,” Akademie für Aussenwirtschaftsrecht (AWA) Germany, Webinar, June 23, 2020
• “US Export License Exceptions,” Akademie für Aussenwirtschaftsrecht (AWA) Germany, Webinar, June 15, 2020
• “ITAR and EAR Authorizations: Technology Licensing Requirements and How to Benefit from License Exceptions,” ACI 12th Advanced Export Controls Forum on International Technology Transfers, Webinar, June 12, 2020
• “Global Trade Panel,” TerraLex Virtual Global Meeting, June 10, 2020
• “CFIUS update and the impact of recent changes on German investment in the US,” Keynote speaker, Annual Trade Conference in Germany (AWA), February 26, 2020
• “OFAC’s Enforcement Cases of 2019: A Year in Review,” Massachusetts Export Center, Webinar, January 30, 2020
• “Personal Liability in Trade Compliance,” Dallas Ft. Worth ICPA Data Group Meeting, Grapevine, Texas, January 28, 2020
• “Global Trade Compliance Due Diligence for M&A & Cross-Border Investment,” The Massachusetts Export Center Export Expo, Boston, December 13, 2019
• “Recent Developments Regarding Import Tariffs, CFIUS, Export Controls and Sanctions,” presented on recent US Export Controls and Sanctions Update webinar for Terralex members, September 25, 2019
• “Complying with the New Sanctions Against Huawei,” Massachusetts Export Center, Boston, June 28, 2019
• “CFIUS: What is it, how does it work, and what has recently changed,” Terralex Annual Meeting, Kuala Lumpur, Malaysia, April 11, 2019
• “US Export Controls and Sanctions: Overview, Systematics, Practical Scenarios” (“US-Exportkontroll- und Embargorecht:  Überblick, Systematik, Praxisfälle”), Chamber of Commerce Schwaben, Germany (Industrie und Handelskammer Schwaben), March 22, 2019 (in German)
• “US Economic Sanctions Update,” Massachusetts Export Center's Export Expo, December 7, 2018
• “Get Real Trade Insights,” presented by Greater Rochester Enterprise, September 25, 2018
• “Iran Sanctions—Implications of President Trump’s Snap-Back Decision for your Company” (Neue Iran–Sanktionen—Welche Auswirkung kann Präsident Trumps Entscheidung auf Ihr Unternehmen haben?), Nixon Peabody and SKW Webinar, June 20, 2018 and July 10, 2018 (in German)
• “Russia Sanctions Update & Complying with OFAC’s 50% Rule,” Massachusetts Export Center Webinar, presented by Nixon Peabody and Sensata Technologies, May 16, 2018
• “US and EU Sanctions Update: Russia, Crimea, Iran, Cuba, Sudan, Venezuela and North Korea,” Nixon Peabody Webinar, January 31, 2018
• “Emerging Issues and Key Trends in M&A for 2018,” LexisNexis Webinar, January 30, 2018
• “Global Dealings: Insuring Mergers with Foreign Entities from Established and Emerging Markets,” co-panelist, ACI 2nd Annual Summit on M&A Liability, December 5, 2017
• “The Pre-Filing Process and Delays: Key Considerations to Embed into your Pre-Acquisition Planning and Decision to File,” co-panelist, ACI 3rd Annual National Forum on CFIUS and Team Telecom conference, February 1, 2017
• “Doing Business with Cuba—The Landscape Today & Expectations,” co-panelist, GCEDC, January 27, 2016
• “Global Trade Expert Series,” co-panelist, Welke Custom Brokers, September 21, 2016
• “Seed Co. Settlement Sends Warning Signal To Exporters,” Banking Law360, International Trade Law360, and New York Law 360, September 20, 2016
• “CFIUS’s Influence on Dealmaking,” conference call with the Capitol Forum, March 3, 2016
• “Credit Agricole Settlement Is Warning To Foreign Cos.,” Banking Law360, International Trade Law360, and New York Law 360, November 2, 2015
• “Rule Change to Ease Export Controls in Cloud,” Compliance Week, quoted on the recent changes pertaining to export controls and cloud computing, July 7, 2015
• “Anywhere but here,” Site Selection, quoted on compliance issues faced by multinationals under the Iran sanctions, May 2015
• “Top Five Things Exporters Should Know About the U.S. Antiboycott Laws,” TerraLex Connections, March 13, 2015
• “5 Takeaways From Latest OFAC Guidance On Russia Sanctions,” International Trade Law360; Aerospace & Defense Law360; Banking 360; and Energy 360, December 22, 2014
• “Export Control Implications of Cloud Computing,” The Export Practitioner, October 2014
• “Challenges Mount for Companies Doing Business in Russia,” Rochester Business Journal, quoted on the sanctions implications for US businesses, September 26, 2014
• “Russian Sanctions May Provoke Firesales,” The Wall Street Journal, Q&A interview on the new wave of U.S. sanctions against Russia, September 19, 2014
• “Cloud Computing Poses Unique Export Controls Challenges,” International Trade Law360, Aerospace & Defense Law360, and Technology Law360, August 6, 2014
• “5 Takeaways from Latest Sanctions Against Russian Cos.,” Banking Law360, Energy Law360, International Trade Law360, Private Equity Law360, Project Finance Law360, and Public Policy Law360, July 22, 2014
• “New Sanctions Against Russia,” The Wall Street Journal, quoted on the new sanctions restrictions, July 17, 2014
• “Cloud Computing and Export Controls: Compliance Challenges and Best Practices,” part of a webinar on “Export Controls: Significant Issues for 2014,” The Knowledge Group, July 16, 2014
• “Cloud Computing: Are You Trading Compliance for Convenience?” NP webinar, July 8, 2014
• “Companies Report North Korea Gold in Supply Chain,” The Wall Street Journal, quoted on the breadth of U.S. sanctions against North Korea, June 4, 2014
• “A Look At Export Control Changes For Satellites,” International Trade Law360, Aerospace & Defense360, and Government Contracts360, May 22, 2014 (Co-Author)
• “US Anti-Boycott Laws: Top 5 Things Exporters Should Know,” Commercial Contracts360, International Trade Law360, and Public Policy360, April 29, 2014
• “Companies Unprepared for Russia Sanctions,” The Wall Street Journal, quoted on vetting Russian businesses, April 29, 2014
• “No More Export Licenses For Russia: Tips For Exporters,” International Trade Law360, Aerospace & Defense360, and Public Policy Law360, April 17, 2014
• “Latest Ukraine-Related Sanctions Likely Won’t Be The Last,” International Trade Law360, Aerospace & Defense Law360, Banking Law360, Hospitality Law360, Technology and Public Policy Law360, March 18, 2014 (Co-Author)
• “Inside Clearstream’s OFAC Settlement Agreement,” Banking Law360, International Trade Law360, and Securities Law360, February 4, 2014
• “Takeaways From CFIUS’ Latest Win In Court,” Energy Law360, Environmental Law360, International Trade Law360, Mergers & Acquisitions Law360, Project Finance Law360, and Public Policy Law360, November 12, 2013 (Co-author)
• “Changes To License Exceptions Ease Way For Exporters,” International Trade Law360, July 31, 2013 (Co-author)
• “Export Reform: Understanding License Exception STA,” International Trade Law360, June 24, 2013
• “Startup Pushes Encryption, but Doubts Arise,” Wall Street Journal, quoted on the export control implications of cloud computing, June 21, 2013
• “Preparing to Do the Deal: Know Your Filing Obligations Under Hart-Scott-Rodino, CFIUS, and the Immigration Laws,” Nixon Peabody’s Semi-annual CLE Program, May 30–31, 2013, Rochester and Buffalo, New York
• “What Exporters Need To Do Before October 15,” International Trade Law360, May 23, 2013 (Co-author)
• “A Roadmap for Navigating the Revised USML And CCL,” International Trade Law360, May 17, 2013
• “Export Controls Reform: Understanding the 600 Series,” International Trade Law360, May 2, 2013 (Co-author)
• “Export Controls Reform Has Arrived,” International Trade Law360, April 22, 2013 (Co-author)
• “Ralls Case Shows Importance of Proactively Engaging CFIUS,” International Trade Law360, March 12, 2013
• “Introduction to US Export Controls,” Nixon Peabody’s Semi-annual CLE Program, November 15–16, 2012, Rochester and Buffalo, New York
• “The Export Control Implications of Cloud Computing,” Silicon Valley Association of General Counsel (SVAGC), October 21, 2011, Santa Clara, California
• “The Export Control Implications of Cloud Computing,” The Lawyer’s Brief, September 15, 2011