National Security

Cleary Gottlieb’s National Security practice advises multinational corporations, operating companies, financial institutions, private equity and venture capital investors, sovereigns, and individuals on some of the most high-profile and sensitive national security matters in the United States and around the world.

The practice combines deep subject-matter capabilities, extensive government relationships, and the firm’s signature strength in complex cross-border transactions and disputes to deliver strategic and effective counsel.

Our team consists of first-chair trial lawyers and senior government officials, including two former U.S. Attorneys who oversaw—and have personally led—many significant national security investigations and litigations, the former Chief of the Foreign Corruption Practices Act (FCPA) Unit at the DOJ, former Assistant U.S. Attorneys involved with cybersecurity, domestic, and foreign corruption, insider trading, and sanctions matters, and top tier Chambers practitioners who have been successfully representing and advising clients through national security enforcement matters and disputes.

With decades of experience across the U.S., Latin America, the European Union, the UK, and Asia regulatory landscapes, our team has built a foundation of deep institutional knowledge and cross-border insight that enables us to navigate complex, fast-moving national security challenges with precision and discretion.

Enforcement and Litigation

We have leading white-collar defense, enforcement, and litigation practices that represent clients in complex, high-stakes investigations and disputes involving the Office of Foreign Assets Control (OFAC), the DOJ, and state and federal banking regulators, as well as in civil claims brought by private parties. We have a successful track record of representing clients in national security-related matters involving sanctions evasion, export control violations, FCPA, alleged terrorism support, and foreign spying operations.

Global Sanctions

We are known for our deep understanding of navigating the evolving U.S., EU, and UK regulatory landscapes and advising on potential legal challenges to sanctions. Our work spans the full spectrum of client needs, from compliance, risk mitigation, and internal reviews to investigations, licensing procedures, and voluntary self-disclosures, to OFAC and national regulators across key EU member states, all delivered through our global, integrated partnership model.

Export Controls

We routinely advise multinational companies in connection with the evolving export control landscape, including under the Export Administration Regulations and the International Traffic in Arms Regulations. Our work includes evaluating the export jurisdiction and classification of various types of products, software, and technology; analyzing whether products manufactured outside the United States are subject to U.S. export control laws; analyzing licensing requirements associated with exports and reexports of such items; obtaining licenses from relevant export control authorities; addressing potential or actual non-compliance with export control rules and regulations, including submission of numerous voluntary disclosures; and preparing and submitting required notifications to U.S. government authorities in connection with corporate transactions.

International Trade/Tariffs

We advise clients navigating complex international trade and tariff landscapes, including multilateral and bilateral trade dispute settlements, trade negotiations, trade defense, import and export regulations, and alleged unfair trade practices. We are well-versed in the business impact of multilateral agreements, EU and WTO trade rules, and U.S. legislation. We regularly analyze the impact of shifting tariff policies, such as the recent U.S. reciprocal and country-specific tariffs on global supply chains, and represent clients in connection with refund and recovery disputes.

Anti-Terrorism Act (ATA)

Drawing on decades of experience litigating claims under the ATA and the Justice Against Sponsors of Terrorism Act (JASTA), our firm has secured major victories for clients in suits asserting damages under those statutes, the Alien Tort Statute, and related laws. We regularly represent clients in claims alleging liability based on purported provision of services to alleged terrorists, their affiliates, and/or financial supporters, and have won dismissal of some lawsuits before discovery.

Anti-Money Laundering (AML)

We regularly conduct investigations for clients involving allegations of money-laundering, both domestically and internationally. We also represent our clients in investigations by the Federal Reserve, OCC, FDIC, Treasury Department, FinCEN, DOJ, and State regulatory and governmental authorities regarding compliance with AML requirements. Clients rely on our experienced AML lawyers to advise on the full spectrum of compliance issues to help minimize legal, regulatory, operational, conduct, and reputational risks. Our team also regularly deals with issues arising from the Bank Secrecy Act (BSA) and other U.S. civil and criminal AML statutes, bank fraud statutes, and equivalent regulations in the UK and Europe.

Anti-Corruption and Compliance

We regularly conduct investigations for clients involving allegations of bribery and corruption, including in Latin America, the Middle East, and Asia, and represent them before authorities in a number of jurisdictions globally, assisting our clients in navigating the complex issues that often arise in such matters. We also work with clients to assess their risk and compliance culture, draft policies and protocols, implement and monitor compliance programs, conduct remediation and root cause analyses, and perform transactional diligence.

CFIUS and Foreign Investment Review

Seamlessly integrated with our leading international M&A practice, our team has extensive experience advising clients regarding national security reviews in the United States and other jurisdictions, including comprehensive analysis of the benefits and risks of notification, the level of interest the Committee on Foreign Investment in the United States (CFIUS) is likely to take in a transaction, and possible structuring alternatives to reduce CFIUS risk. We have successfully notified transactions in a number of sensitive industries and have experience in foreign investment reviews and investigations and, in appropriate cases, negotiating agreements with CFIUS to mitigate any identified national security concerns. In addition, we have provided CFIUS advice in a number of sensitive matters that were successfully resolved without a formal notification. We have also successfully notified transactions and have experience negotiating agreements with the Defense Counterintelligence and Security Agency (DCSA) to mitigate any identified national security concerns associated with foreign investments into U.S. companies performing classified U.S. government work.

Cybersecurity and Privacy

We regularly advise global clients on the privacy, data protection, data transactions, and cybersecurity challenges impacting their businesses, often with national security implications. We have extensive experience managing responses to ransomware attacks, data breaches, and other incidents, and responding to follow-on regulatory investigations, enforcement actions, and litigation. We also assess and manage data privacy and cybersecurity risks and liabilities in corporate and financial transactions, including due diligence in M&A transactions, data transfers in cross-border acquisitions, and restructuring.