Trade enforcement, tariffs, sanctions, and export controls are critical priorities for businesses, with the DOJ taking a leading role in enforcement tied to national security. Companies face risks on both import and export sides, especially with constantly changing tariffs and duties. DOJ is coordinating with regulatory agencies like Customs and Border Protection, BIS, and OFAC, employing strategies similar to FCPA enforcement, including False Claims Act cases for tariff and duty circumvention. Voluntary disclosure is incentivized, potentially leading to declinations and focus on individual wrongdoers. Key areas of concern include transactions involving Russia, China, and Iran, as well as forced labor protection. Companies should re-examine and strengthen their trade compliance programs, conduct risk assessments, and monitor tariff changes.
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