Insights from the Fifth National Forum on Foreign Ownership, Control, or Influence (FOCI) and the Defense Counterintelligence and Security Agency

In his specialty practice, Dan helps U.S. manufacturing companies who are losing market share and suffering from decreased profits to obtain relief against unfairly priced imports. Specifically, Dan counsels clients on the laws and regulations governing international trade, with particular emphasis on import remedy, anti-bribery, national security, and export control issues. He has extensive experience in matters related to trade remedy investigations, including antidumping, countervailing duty, and safeguard cases, which provide relief to U.S. producers who have been injured as a result of import competition. Dan also has extensive experience in regard to foreign policy and national security matters such as U.S. economic sanctions, export controls (including the International Traffic in Arms Regulations (ITAR), antiboycott measures, and the Foreign Corrupt Practices Act (FCPA). Dan provides comprehensive international trade law compliance guidance, including to U.S. and international clients that provide goods and services that may be regulated due to national security reasons. He develops customized and specialized corporate compliance programs related to the FCPA, ITAR, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the National Industrial Security Program (NISP) and mitigating Foreign Ownership, Control, or Influence (FOCI) issues. In cases of non-compliance and potential violations, Dan conducts internal investigations and represents clients before the relevant agencies in connection with investigations, licensing, and enforcement actions. In addition, clients also often look to Dan for guidance pertaining to the Foreign Agents Registration Act (FARA). Dan routinely appears before the U.S. International Trade Commission (ITC), OFAC, the U.S. Department of Justice (DOJ), the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC), the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) and International Trade Administration (ITA), the U.S. Defense Counterintelligence and Security Agency (DCSA, formerly the DSS), the Committee on Foreign Investment in the United States (CFIUS), the U.S. Court of International Trade, and the U.S. Court of Appeals for the Federal Circuit.

As a Certified Public Accountant and a former analyst at the U.S. Department of Commerce, Milton Koch supports clients involved in trade litigation by developing legal strategies based on in-depth analysis of complex financial data. He has a strong track record of providing creative and novel legal solutions reflecting the business structure of multinational companies and unique subsidy schemes of foreign governments. He serves as analyst in cases across a number of industries, including manufacturing, finance and investing. He also assists clients in research matters relating to economic sanctions, national security, and litigation.