Internal Investigations

Luks Cormaney LLP has developed expertise in conducting pre-acquisition export compliance “due diligence” reviews. This process involve conducting interviews and reviewing key documents in an expedited manner with the goal of identifying any export compliance issues that may affect the closing of an acquisition. We also advise clients on methods to modify the terms and conditions of an acquisition or merger to ensure that the acquiring company is protected and indemnified for any costs related to addressing pre-acquisition export compliance issues.

Finally, we have worked with U.S. Government agencies to ensure that any required amendments to existing authorizations or notices are submitted in a timely manner so that the merger or acquisition does not affect or invalidate any existing export authorizations. In this regard, the firm was responsible for conducting the due diligence review of a $1 billion acquisition by a major U.S. defense contractor, prepared multiple due diligence reports, recommendations, corrective measures and voluntary disclosures to the Department of State, each of which was settled without any enforcement penalty or action.

Performing pre-acquisition due diligence and post-acquisition audits relating to mergers and acquisitions of companies engaged in trade subject to U.S. export control regulations, and counseling on the resolution of any compliance issues that are identified.

Performing company-directed and government-directed export compliance audits and preparing associated reports and voluntary disclosures.

Negotiating the settlement of Charging Letters issued by DDTC or by the Commerce Department’s Bureau of Industry and Security (“BIS”).