White Collar Roundup - November 2016

DOJ Guidance on Export Control Self-Disclosure

The National Security Division (NSD) of the U.S. Department of Justice (DOJ) released Guidance Regarding Voluntary Self-Disclosures, Cooperation, and Remediation in Export Control and Sanctions Investigations Involving Business Organizations. The "NSD has made it a priority to pursue willful export and sanctions violations by corporate entities and their employees." In that vein, it issued this guidance to help companies understand the benefits of voluntary self-disclosures of improper conduct because "business organizations and their employees are at the forefront of [NSD's] enforcement efforts." The guidance is similar to other DOJ guidance regarding self-disclosure programs and relies heavily on the November 2015 revisions to the Principles of Federal Prosecution of Business Organizations that are set forth in the U.S. Attorneys' Manual §§ 9-28.000, 9-28.900. Most illuminating are the four hypothetical examples