Brendan C. Hanifin

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Brendan Hanifin provides clients with comprehensive regulatory and transactional counseling across a range of international risks, including foreign direct investment regulations, economic sanctions, anti-money laundering laws, and anti-corruption laws. Clients value Brendan’s breadth of regulatory knowledge, transactional proficiency, and ability to forge practical solutions tailored to their business and strategic goals.

Brendan represents clients in national security reviews before the Committee on Foreign Investment in the United States (CFIUS), including reviews of non-notified transactions and negotiation of national security agreements. He routinely provides CFIUS-related advice and counseling to private equity sponsors, venture capital firms, sovereign wealth funds, and U.S. businesses throughout all stages of the investment life cycle.

Drawing on his years of experience conducting international risk due diligence, clients rely on Brendan to navigate their most complex cross-border transactions. In this capacity, Brendan has evaluated hundreds of companies’ international risk compliance programs, understanding that there is no one-size-fits-all solution to managing international risks. He leverages this experience to help clients across a broad range of industries perform complex risk assessments and develop (or enhance) effective, risk-based compliance programs. Brendan has particular experience helping U.S. investment managers develop risk-based anti-money laundering and economic sanctions compliance programs.

Brendan also represents clients in multijurisdictional internal investigations and government enforcement actions. He has assisted numerous clients to prepare and resolve disclosures to the Office of Foreign Assets Control (OFAC), the Bureau of Industry and Security (BIS), the Directorate of Defense Trade Controls (DDTC), the Department of Justice (DOJ), and the Securities and Exchange Commission (SEC).

A former member of Law360’s International Trade Editorial Advisory Board, Brendan publishes regularly on international risk-related topics.

Experience

CFIUS

Represented U.S. embedded system and cloud software company in securing CFIUS pre-clearance for $3.5 billion acquisition by global technology company.
Represented UK investor in securing CFIUS pre-clearance for investment in provider of surveillance technology to the homeland security and defense markets.
Represented Asia-based investor in securing CFIUS pre-clearance for investment in U.S. data center company.
Represented U.S. dental and vision insurance company in securing CFIUS pre-clearance for acquisition by Canadian firm.
Represented Asia-based investor in securing CFIUS clearance for investment in U.S. enterprise software company.
Represented Asia-based investor in CFIUS review of investment in advanced information technology company.
Represented Asia-based investor in securing CFIUS clearance for investment in U.S. logistics company and government contractor.
Represented venture capital firm in securing CFIUS pre-clearance for investment in U.S. artificial intelligence and machine learning company.
Represented venture capital firm in CFIUS review of investment in U.S. cybersecurity company.
Represented Asia-based investor in securing CFIUS pre-clearance for investment in U.S. travel company.
Represented U.S. insurance company in securing CFIUS pre-clearance for acquisition by Canadian firm.
Represented German company in securing CFIUS pre-clearance for acquisition of U.S. lubricants company.
Represented German company in securing CFIUS pre-clearance for acquisition of U.S. metals company.
Represented Hong Kong-based technology company in securing CFIUS pre-clearance for acquisition of U.S. semiconductor business.

Economic Sanctions

Represented international transport and customs brokerage company in investigations of potential violations of economic sanctions involving subsidiaries in Asia, North America, Europe, and the Middle East; assisted client to prepare and resolve multiple voluntary disclosures to OFAC.
Represented life sciences company in investigation of potential violations of the Ukraine/Russia and Crimea sanctions; assisted company to prepare and resolve disclosures to U.S. regulators.
Represented private equity firm in review and voluntary self-disclosure of possible violations of U.S. economic sanctions related to a potentially sanctioned investor.
Represented nonprofit academic research institution in review of U.S. sanctions violations committed by university researcher in connection with multi-center research study; assisted client to prepare and resolve voluntary disclosure to OFAC.
Represented German company in obtaining specific license from OFAC authorizing continued wind-down activities in Iran following the revocation of General License H.

Anti-Money Laundering

Represented leading asset managers and investment firms in internal reviews of, and responses to, allegations of anti-money laundering program deficiencies.
Represented leading asset manager in a product-focused anti-money laundering risk assessment.
Represented real estate investment firm in connection with acquisition of a commercial property implicated in a federal money laundering investigation.
Represented investment manager in negotiation of a global anti-money laundering compliance framework with a leading financial technology platform.
Represented private equity firm in connection with acquisition of retail business embroiled in a corruption and money laundering investigation.

Customs/Export Controls

Represented customs brokerage company in major CBP enforcement action related to purported violations of U.S. customs regulations.
Represented life sciences company in investigation of potential violations of the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), and Foreign Trade Regulations (FTR); assisted client to prepare and resolve disclosures to U.S. regulators.
Represented energy company in investigations of possible violations of U.S. export control and anti-boycott laws; assisted client to make and resolve disclosures to U.S. regulators.
Represented oil and gas company in global trade compliance diagnostic review; assisted client to enhance controls related to compliance with export control laws, economic sanctions, and anti-boycott laws.
Represented industrial equipment and technology manufacturer in internal investigation of possible violations of customs, export control, and anti-boycott laws involving conduct across Asia, Latin America, and the Middle East.
Represented retail company in response to CBP inquiry concerning Chinese manufacturing operations.

Anti-Corruption

Represented medical device company in a wide-ranging DOJ and SEC corruption investigation (involving countries across Asia, Europe, and Latin America) and multi-year corporate compliance monitorship.
Represented life sciences company in multiple internal investigations into allegations of corruption in Asian markets.
Represented a U.S.-based drug manufacturer in internal investigation into allegations of product diversion and improper payments to healthcare providers.

Credentials

Publications

Co-author, “Treasury Finalizes China-Focused Outbound Investment Security Program Rule,” Ropes & Gray Alert (October 2024)
Quoted, “U.S. Treasury Sanctions Cambodian Tycoon With Ties to Pig Butchering Scams,” CoinDesk and Yahoo Finance (September 2024)
Quoted, “Canada Reviewing Request to Sanction Hikvision, Other Chinese Surveillance Companies,” The Wall Street Journal (September 2024)
Co-author, “FinCEN Finalizes Anti-Money Laundering Program Rule for Investment Advisers,” Ropes & Gray Alert (September 2024)
Co-author, “CFIUS Flexes Its Enforcement Authority,” Ropes & Gray Alert (August 2024)
Co-author, “Key US sanctions and export control considerations for higher education and research institutions,” Global Investigations Review’s The Guide to Sanctions - Fifth Edition (June 2024)
Co-author, “Treasury Publishes Proposed Rule to Implement Outbound Investment Program,” Ropes & Gray Alert (June 2024)
Co-author, “Unpacking the Latest Tranche of Sanctions Targeting Russia,” Law360 (June 2024)
Co-author, “FinCEN and SEC Propose Affirmative KYC Requirements for Registered Investment Advisers and Exempt Reporting Advisers,” Ropes & Gray Alert (May 2024)
Co-author, “Russia/Ukraine Crisis: U.S. Announces Hundreds of New Designations,” Ropes & Gray Alert (February 2024)
Contributor, “[White Paper Update] FinCEN Beneficial Ownership Information Reporting: Guidance for the Private Funds Industry,” Ropes & Gray Alert (February 2024)
Co-author, “FinCEN Proposes (New) Rule to Extend Anti-Money Laundering Requirements to Registered Investment Advisers (RIAs) and Exempt Reporting Advisers (ERAs),” Ropes & Gray Alert (February 2024)
Co-author, “Implications of the Corporate Transparency Act for Health Care Companies,” Ropes & Gray Alert (January 2024)
Co-author, “US Sanctions Developments in 2023,” Bloomberg Law (December 2023)
Co-author, “Sanctions and Export Controls Considerations for Higher Education and Research Institutions,” Global Investigations Review’s The Guide to Sanctions - Fourth Edition (September 2023)
Quoted, “Experts say outbound rule could impact investments in the U.S.,” Foreign Investment Watch (August 2023)
Co-author, “How US Investment Regulation May Shift Under Biden Order,” Law360 (August 2023)
Quoted, “Treasury Department Will Take Lead on Biden’s Order Limiting Outbound Investment,” The National Law Journal (August 2023)
Quoted, “Biden’s China Order Raises Tough Questions for Private Equity,” The Wall Street Journal Pro Private Equity (August 2023)
Co-author, “U.S. Takes First Step to Regulate Outbound Investment into China,” Ropes & Gray Alert (August 2023)
Contributor, “G7 Russia Restrictions May Further Complicate Compliance,” Law360 (May 2023)
Co-author, “Bureau of Industry and Security Imposes Export Restrictions on BGI Group, the World’s Largest Genomics Company,” Ropes & Gray Alert (April 2023)
Co-author, “Recent BIS Moves Signal Export Control's New Era,” Law360 (April 2023)
Co-author, “What CHIPS Clawback Proposals Mean for Fund Recipients,” Law360 (April 2023)
Co-author, “New US Controls May Deter Outside Support For Russia,” Law360 (February 2023)
Quoted, “Impact of Geopolitical Tumult on Businesses to Continue in 2023, Say Risk Experts,” The Wall Street Journal (January 2023)
Co-author, “US Sanctions Developments in 2022,” Bloomberg Law (December 2022)
Co-author, “CFIUS Enforcement Guidelines Signal Need for Tailored Compliance,” Bloomberg Law (November 2022)
Quoted, “The US is About to Increase Its Investment Controls. Will China Deal Lawyers Feel More Pain?” Law.com International (October 2022)
Quoted, “For US Beneficial Ownership Database, Deepest Pitfalls May Lie Ahead,” ACAMS moneylaundering.com (October 2022)
Co-author, “Is CFIUS Sharpening Its Knife? Publication of First-Ever CFIUS Enforcement and Penalty Guidelines,” Ropes & Gray Alert (October 2022)
Co-author, “Louisiana’s Higher Education Foreign Security Act of 2022 Signals Continued Scrutiny of Foreign Influence in American Academia,” Ropes & Gray Alert (October 2022)
Co-author, “Finance, Professional Perspective – FinCEN’s Beneficial Ownership Reporting Requirements,” Bloomberg Law (October 2022)
Co-author, “FinCEN Issues Final Rule Implementing Beneficial Ownership Reporting Requirements,” Ropes & Gray Alert (October 2022)
Co-author, “New Executive Order Formalizes Expanded CFIUS Purview,” Ropes & Gray Alert (September 2022)
Co-author, “Russia/Ukraine Crisis: U.S. Sanctions Escalation Continues,” Ropes & Gray Alert (May 2022)
Co-author, “Russia/Ukraine Crisis: U.S. Imposes Significant New Sanctions in Response to Russian Atrocities in Ukraine,” Ropes & Gray Alert (April 2022)
Quoted, “Sanctioned LPs Complicate Private-Equity Fund Dynamics,” The Wall Street Journal Pro Private Equity (April 2022)
Co-author, “Russia/Ukraine Crisis: OFAC Announces Hundreds of New Sanctions Designations,” Ropes & Gray Alert (March 2022)
Quoted, “Russian Repercussions: Sanctions, Political Heat Have Managers Scrambling for Solutions,” Hedge Fund Alert (March 2022)
Quoted, “Silicon Valley Tries to Disentangle Itself From Russian Money,” Bloomberg (March 2022)
Co-author, “Russia/Ukraine Crisis: Latest Round of U.S. Sanctions,” Ropes & Gray Alert (March 2022)
Quoted, “Private Funds Shun Russia, But Indirect Exposures Loom,” FundFire (March 2022)
Quoted, “Sanctions on Russia Put Private Fund Backers Under the Microscope,” The Wall Street Journal Pro Private Equity (March 2022)
Co-author, “Russia/Ukraine Crisis: New Tranches of U.S. Sanctions and Export Controls,” Ropes & Gray Alert (February 2022)
Co-author, “Russia/Ukraine Crisis: The Evolving International Sanctions Response,” Ropes & Gray Alert (February 2022)
Co-author, “US Broadened Reach Of Targeted Sanctions In 2021,” Law360 (December 2021)
Co-author, “FinCEN’s Proposed Rule Would Broadly Expand Beneficial Ownership Reporting Requirements,” Ropes & Gray Alert (December 2021)
Co-author, “Bipartisan Legislative Proposal Would Expand CFIUS’s Jurisdiction,” Ropes & Gray Alert (November 2021)
Co-author, “Biden Sanctions Reinforce Trump-Era Foreign Policy,” Law360 (June 2021)
Co-author, “Biden Administration Refines Chinese Military Companies Sanctions,” Ropes & Gray Alert (June 2021)
Co-author, “Back to the Future: New Executive Order Restarts Myanmar Sanctions,” Ropes & Gray Alert (February 2021)
Co-author, “Comparing China’s New Measures on National Security Review of Foreign Investments with the U.S. CFIUS Review Process,” Ropes & Gray Alert (January 2021)
Co-author, “A Review of 2020’s Key US Sanctions Developments,” Law360 (December 2020)
Co-author, “U.S.-China Tensions Continue to Escalate: New Executive Order Bans Investment in 31 Chinese Companies,” Harvard Law School Forum on Corporate Governance (December 2020)
Co-author, “Between a Rock and a Hard Place: OFAC Issues Advisory on Ransomware Payments,” WorldECR (November 2020)
Co-author, “OFAC Issues Art Advisory, Highlighting Sanctions Risk in the Art Trade,” Ropes & Gray Alert (November 2020)
Co-author, “Focus on China: New and Evolving International Risks,” Ropes & Gray Alert (July 2020)
Co-author, “A Midyear Look At Key US Sanctions Developments,” Law360 (July 2020)
Co-author, “Proposed Rule Could Affect Scope of Mandatory CFIUS Filings,” Ropes & Gray Alert (May 2020)
Co-author, “U.S. Sanctions and Export Control Considerations for Suppliers of COVID-19 Relief Items to Latin American Jurisdictions,” Ropes & Gray Alert (May 2020)
Co-author, “CFIUS' Real Estate Reference Tool Comes With Limitations,” Law360 (April 2020)
Co-author, “FEMA to Impose COVID-19-Related Export Restrictions on Medical Equipment,” Ropes & Gray Alert (April 2020)
Co-author, “Pandemic Poses Distressed Debt Opportunities, CFIUS Risks,” Law360 (March 2020)
Co-author, “Avoiding Inadvertent Sanctions Violations In Latin America,” Law360 (March 2020)
Co-author, “Treasury Issues Proposed Rule Implementing CFIUS Filing Fee,” Ropes & Gray Alert (March 2020)
Co-author, “Managing Money Laundering Risk In The Art Trade,” Law360 (January 2020)
Co-author, “CFIUS Issues Final Rules Implementing FIRRMA: Key Changes and Developments,” Ropes & Gray Alert (January 2020)
Co-author, “OFAC's New Iran Sanctions May Not Signal Seismic Change,” Law360 (January 2020)
Co-author, “Key Takeaways from the First Unilateral Controls Issued Pursuant to the Export Control Reform Act,” Ropes & Gray Alert (January 2020)
Co-author, “US Strengthened And Expanded Economic Sanctions In 2019,” Law360 (December 2019)
Co-author, “CFIUS Publishes Proposed FIRRMA Regulations, Part 2: A New Framework for Real Estate Transactions,” Ropes & Gray Alert (September 2019)
Co-author, “CFIUS Publishes Proposed FIRRMA Regulations, Part 1: A Sea Change for Foreign Investments in U.S. Businesses,” Ropes & Gray Alert (September 2019)
Co-author, “U.S. Imposes Partial Embargo on Venezuela,” Ropes & Gray Alert (August 2019)
Co-author, “INSIGHT: Mid-2019 CFIUS Review—The ‘Calm’ Before the Storm,” Bloomberg Law (July 2019)
Co-author, “OFAC Expands Reporting Requirements for Rejected Transactions,” Ropes & Gray Alert (July 2019)
Co-author, “A Dramatic 6 Months For OFAC Sanctions Enforcement,” Law360 (June 2019)
Co-author, “Key Takeaways From OFAC’s Compliance Program Guidance,” Law360 (May 2019)
Co-author, “INSIGHT: Why Am I Receiving New Questions About My Firm’s Anti-Money Laundering Program?” Bloomberg Law (May 2019)
Contributor, “Firing on All Cylinders: What to Expect in the PDVSA Investigation and How Companies Should Respond,” The Anti-Corruption Report (May 2019)
Contributor, “Firing on All Cylinders: U.S. Enforcement Efforts Against Venezuela State-Owned Oil Company PDVSA,” The Anti-Corruption Report (April 2019)
Co-author, “OFAC Is Raising The Compliance Bar,” Law360 (April 2019)
Co-author, “Grindr, CFIUS And The National Security Risks Of Dating,” Law360 (April 2019)
Co-author, “OFAC Escalates Venezuela Sanctions,” Law360 (January 2019)
Co-author, “A Review Of US Economic Sanctions in 2018,” Law360 (December 2018)
Co-author, “Société Générale: Sanctions Enforcement Is Alive And Well,” Law360 (November 2018)
Co-author, “CFIUS Pilot Program: Immediate Investment Implications,” Law360 (October 2018)
Co-author, “US' Secondary China Sanctions Signal New Risks For Cos.,” Law360 (September 2018)
Co-author, “US sanctions and export controls: What every healthcare and life sciences compliance officer needs to know,” WorldECR (September 2018)
Co-Author, “Congress Passes Landmark CFIUS Reform Bill,” Ropes & Gray Alert (August 2018)
Co-author, “Mid-2018 Sanctions Review: A Turbulent Year So Far,” Law360 (June 2018)
Co-author, “Cryptocurrency Brings Rising International Risks,” Law360 (May 2018)
Co-author, “How Iran Deal Pullout Will Impact Cos. And Investors,” Law360 (May 2018)
Co-author, “De-Implementation Day: Preparing for Changes to U.S. Sanctions Targeting Iran,” Ropes & Gray Alert (May 2018)
Co-author, “A Review Of US Economic Sanctions In 2017,” Law360 (December 2017)
Co-author, “New Burma Act Would Hinder US Investment In Myanmar,” Law360 (December 2017)
Co-author, “New Cuba Sanctions Signal Increased Commercial Challenges,” Law360 (November 2017)
Quoted, “The Morning Risk Report: Trump’s Iran Moves Change Little For Companies,” The Wall Street Journal (October 2017)
Co-author, “Revoking Sudan Sanctions Brings New Prospects, Old Risks,” Law360 (October 2017)
Co-author, “What You Need To Know About North Korea Executive Order,” Law360 (September 2017)
Co-author, “CFIUS Continues To Present Obstacle To Chinese Acquisitions,” Law360 (September 2017)
Co-author, “OFAC’s Streak Continues: Takeaways from the TransTel Sanctions Settlement,” Bloomberg BNA Corporate Law & Accountability Report (August 2017)
Co-author, “OFAC Continues To Pursue Oil And Gas Companies,” Law360 (July 2017)
Co-author, “A Midyear Review Of US Economic Sanctions Efforts,” Law360 (June 2017)
Co-author, “Sanctions And Export Control Risks For Health Care Cos.,” Law360 (May 2017)
Co-author, “Managing Corruption Risk In Cash-Centric Economies,” Bloomberg BNA Corporate Law & Accountability Report (April 2017)
Co-author, “Export Control Enforcement In The Wake Of The ZTE Resolution,” Law360 (March 2017)
Co-author, “Developments in US economic sanctions: 2016 in review,” Global Investigations Review (January 2017)
Co-author, “Important Takeaways From the National Oilwell Varco Inc. Settlement,” Bloomberg BNA Corporate Law & Accountability Report (January 2017)
Co-author, “Forecasting International Risk Climate Under President Trump,” Law360 (November 2016)
Co-author, “Navigating Anticorruption in Latin America,” Bloomberg BNA Corporate Law & Accountability Report (July 2016)
Co-author, “Corruption Risks in International Clinical Trials: Navigating Between Anti-Bribery Laws and Local Circumstances,” Bloomberg BNA Medical Research Law & Policy Report (January 2016)
Co-author, “Personal Security Affects Anti-Corruption Compliance,” Law360 (September 2015)

Presentations

Presenter, “Private Funds Regulatory Updates Webinar Series: SEC Rulemaking Updates & Impact of Supreme Court Decision,” Ropes & Gray Webinar (October 2024)
Presenter, “Keeping Track: A Series on SEC Rulemaking Other Than the Private Funds Rule—The Rest: Other Recent Proposed and Adopted Rules,” Ropes & Gray Webinar (March 2024)
Presenter, “Private Funds and Investment Advisers and the Corporate Transparency Act,” New York State Bar Association Private Fund Committee (March 2024)
Presenter, “The Corporate Transparency Act: What You Need to Know,” Managed Funds Association (MFA) Webcast (January 2024)
Presenter, “FinCEN Final Rule for Beneficial Ownership Reporting – Considerations for SWFs, Other Mega Investors,” Ropes & Gray Webinar (December 2023)
Presenter, “China: New and Evolving International Risks,” Research, Development and Regulatory Roundtable (R3) of the Multi-Regional Clinical Trials Center of Brigham & Women’s Hospital and Harvard (MRCT) (September 2023)
Panelist, “International Spotlight: Sanctions & Short Selling,” Managed Funds Association (MFA) Legal & Compliance 2023 (May 2023)
Panelist, “New Horizons for Investing in Emerging Markets,” 100 Women in Finance (April 2023)
Speaker, “FinCEN’s Beneficial Ownership Reporting Requirements: Key Takeaways and Open Questions,” Ropes & Gray Podcast (November 2022)
Presenter, “Sanctions: Current Landscape, Mitigation Strategies, & Looking Forward,” Canadian Pension Plan Annual Compliance Peer Forum (September 2022)
Speaker, “Conductive Discussions: CFIUS, Trade Regulations, and the Impact on the Semiconductor Industry,” Ropes & Gray Podcast (April 2021)
Speaker, “Communist Chinese Military Companies Executive Order: Implications and Key Questions,” Ropes & Gray Podcast (February 2021)
Moderator, “Dealmaking in Times of Escalating International Sanctions and Trade Disputes,” International IP Summit, Boston College Law School (October 2020)
Speaker, “CFIUS Considerations for Credit Funds,” Ropes & Gray Podcast (August 2020)
Speaker, “U.S. Anti-Money Laundering Compliance Considerations for Fund Sponsors,” Ropes & Gray Podcast (August 2020)
Speaker, “CFIUS Update: Key Takeaways from the FIRRMA Implementing Regulations,” Ropes & Gray Podcast (March 2020)
Presenter, “US Sanctions and New Anti-Money Laundering Legislation: What It Means for the Art Market,” Bar Association of San Francisco (February 2020)
Speaker, “CFIUS: Recent Regulatory Developments,” Ropes & Gray Podcast (December 2019)
Presenter, “Economic Sanctions & Export Control Risks for the Health Care & Life Sciences Industries,” Ropes & Gray Webinar (November 2019)
Presenter, “International Risks Posed By Digital Currencies,” Ropes & Gray Webinar (April 2018)
Presenter, “International Risk Developments for Oil & Gas Companies,” Bloomberg BNA (February 2017)

Experience

Credentials

Education

Admissions

Publications

Presentations

Awards

Memberships & Affiliations

Areas of Practice