FacultyFaculty/Author Profile

Sanjay Jose Mullick

Kirkland & Ellis LLP

Washington, DC, USA


Sanjay Mullick has a broad range of experience providing counsel on export controls administered by the Department of Commerce Bureau of Industry and Security (BIS) under the Export Administration Regulations (EAR); the Department of State Directorate of Defense Trade Controls (DDTC) under the International Traffic in Arms Regulations (ITAR); and the Department of Energy’s rules on nuclear exports, as well as economic sanctions administered by the Department of the Treasury Office of Foreign Assets Control (OFAC). He also advises on compliance and enforcement matters concerning the Bureau of Customs and Border Protection (CBP) and foreign trade zones (FTZ).

Mr. Mullick advises companies, sponsors and investors on export controls and sanctions risk assessment in conjunction with investments, offerings and mergers and acquisitions. He also conducts internal investigations, handles voluntary self-disclosures, and designs and implements trade controls compliance programs. Mr. Mullick assists companies with navigating the export control aspects of software deployment, including global encryption controls, cloud computing, and offshore outsourcing. In addition, he counsels companies and financial institutions on compliance with economic sanctions, including considerations for market entry and implementation of corporate policies and procedures.

Mr. Mullick has advised companies and governments in international arbitration and litigation, including dispute resolution proceedings under the investment provisions of the North American Free Trade Agreement (NAFTA) and bilateral investment treaties (BITs), administered under the rules of the International Center for the Settlement of Investment Disputes (ICSID) and the United Nations Committee on International Trade Law (UNCITRAL).

Mr. Mullick has represented U.S. companies and foreign governments in trade remedy proceedings, including antidumping and countervailing duty investigations and suspension agreements before the Department of Commerce, the International Trade Commission and the Court of International Trade.

Representative Matters

Prior to joining Kirkland, Sanjay was involved in the following representations:

Represented a Fortune 10 telecommunications company in its acquisition of a software developer uncovering export violations resulting in the target making a voluntary self-disclosure, and drafting indemnity language and advising on the timing implications for the closing and the potential exposure faced by both the acquiring and acquired parties.

Represented the target in a $2.4 billion acquisition by a major U.S. telecommunications company, directing and coordinating the diligence response with management and employees within both the UK parent and the U.S. subsidiary to resolve the export, deemed export, classification and licensing issues to the acquirer’s satisfaction.

Conducted audit of major European aerospace company to test compliance with U.S. and UK export controls, including reviewing its policies on hiring foreign nationals, examining its export licenses and checking its data security procedures.

Coordinated internal investigation of over 800 money transfer messages of one of the world’s largest financial institutions, analyzing them for compliance with U.S. sanctions and evaluating the effectiveness of the bank’s implementation of its global sanctions policy.

Supported the export compliance function of a Fortune 5 company, including working directly from inside the company to interface with business units and handle duties such as classifying items, obtaining licenses, reviewing license compliance, and providing training on export control regulations and on the company’s global compliance procedures.

Assisted one of the world’s largest financial institutions prepare and review its global sanctions policy and implement its payments screening procedures, including operating from inside its global headquarters to evaluate money transfer messages pending in its payments system.

Represented U.S. and non-U.S. technology companies in voluntary self-disclosure investigations before BIS, DDTC and OFAC, including as acquisition targets in multi-million dollar asset sales.

Memberships & Affiliations

American Bar Association, International Law Subcommittee

District of Columbia Bar, International Trade Planning Committee

U.S.-India Business Council, Legal Services Executive Committee

Other Distinctions

Legal 500 US, International Trade

Publications

India Takes the Next Step in Forming Its Nuclear Liability Framework, Authors: Sanjay J. Mullick, Elina Teplinsky, James A. Glasgow, Stephen B. Huttler, Moushami P. Joshi, 2/11/2016

Proposed Change to Export Controls Would Allow Use of the Cloud for Encrypted Data, Authors: Christopher R. Wall, Sanjay J. Mullick, 6/23/2015

Strict Controls Proposed on the Export of Cybersecurity Items, Authors: Brian E. Finch, Sanjay J. Mullick, 5/28/2015

Export Control Reforms Will Boost US-India Defense Trade, Law360, Authors: Sanjay J. Mullick, Graham G. Wisner, Moushami P. Joshi, Benjamin J. Cote, 2/5/2015

India’s Aviation Safety Rating Downgrade Could Have Cascading Effects, Authors: Stephen B. Huttler, Jennifer E. Trock, Moushami P. Joshi, Kenneth P. Quinn, Sanjay J. Mullick, 3/6/2014

A New U.S. Sanctions Approach for Syria & Iran - Why Tech and Telecom Companies Are Taking Notice, Authors: Sanjay J. Mullick, Aaron R. Hutman, Thomas M. deButts, 4/30/2012

A “Work In Progress” - The Evolving U.S.- India Defense Supply Relationship, American Bar Association’s India Law News, Authors: Robert S. Metzger, Sanjay J. Mullick, Summer 2011

What the New Encryption Rules Mean for U.S. Exporters, Author: Sanjay J. Mullick, 7/1/2010

Navigating the India Defense Opportunity, American Bar Association’s India Law News, Authors: Mohit Saraf, Sanjay Mullick, Summer 2010

Complying with U.S. Export Controls and Sanctions in a Globalized World, Authors: Elina Teplinsky, Sanjay J. Mullick, March 2010

Tribunal in $100 Billion Yukos Arbitration Rules Russia Bound by Energy Charter Treaty, World Trade Executive, Authors: Sanjay J. Mullick, Ronan J. McHugh, Irene Dallas, December 2009

India’s Changes in Defense Procurement Will Require More Advance Planning by Suppliers, Authors: Sanjay J. Mullick, Robert S. Metzger, Joshua D. Fitzhugh, 11/11/2009

Protecting Chinese Investments in Latin America, Authors: Sanjay J. Mullick, Ronan J. McHugh, Meg Utterback, 7/29/2009

Treasury Takes Further Steps to Cut off Iran from U.S. Banks by Banning ‘U-Turns’, Authors: Stephan E. Becker, Sanjay J. Mullick, Thomas M. deButts, 11/7/2008

Major Export Controls Penalty Signals New Scrutiny of Defense Sector Outsourcing, Authors: Nancy A. Fischer, Sanjay J. Mullick, 4/12/2007

Export Controls on Commercial Software and Technology, California Business Law Practitioner, Authors: Sanjay J. Mullick, 10/1/2004

Seminars

“India: Clarifying Current Encryption Standards and the Status of a Revised Draft National Encryption Policy Following Industry Concerns,” American Conference Institute Advanced Industry Forum on Global Encryption, Cloud & Cybersecurity Controls (March 2016)

“Iran and Implementation Day: What It Means for U.S. Sanctions,” Practising Law Institute (March 2016)

“Export Control Implications of New Business Models: Offshoring and Cloud Computing,” Nuclear Energy Institute and Pillsbury Seminar (Nov. 2015)

“One Year Later: A Look at the Election of Narendra Modi and the BJP and its impact on Law and Business,” South Asian Bar Association of North America Convention (Orlando, June 2015)

“Basics of Export Controls,” Practising Law Institute (Dec. 2014)

“Tracking Nuclear Export Compliance,” American Conference Institute Nuclear Export Controls (May 2013)

“Updating Your Cross-Border Encryption Compliance Strategy: U.S. Perspective,” American Conference Institute on U.S Export and Re-export Compliance (Toronto, Feb. 2013)

“Reducing the Risk of Unauthorized Deemed Exports,” Infocast Nuclear Export Controls Summit (Jan. 2013)

“Export Control Issues for Service Providers,” Infocast Commercializing Small Modular Reactors Nuclear Summit (July 2012)

“Facilitating U.S. Technology Transfers: Impact of U.S. Export Controls Reforms on U.S. Firms Ability to Fulfill Offset Commitments,” American Conference Institute Forum on India Defense Procurement (June 2011)

“Controlling the Flow of Nuclear Technology and Technical Data: Flow to Mitigate Deemed Export Violations,” American Conference Institute Advanced Summit on Complying with Nuclear Export Controls (Nov. 2010)

“Export Control Best Practices” and “India Update,” Nuclear Energy Institute and Pillsbury Seminar (Nov. 2010)

“Corporate Investigations: FCPA Compliance and India,” U.S.-lndia Business Council and Society of Indian Law Firms U.S. and India: Hot Topics for In-House Counsel Legal Services Conference, New Delhi, India, (Sept. 2010)

“Enforcement of U.S. Export Controls on Non-U.S. Companies,” Export Compliance Training Institute (Munich, May 4, 2009)

“Use of Encryption: An International Analysis” (Pillsbury Webinar, July 28, 2008)

“Sourcing on a Global Basis,” Information Technology Association of America (Webinar, March 9, 2007)

Prior Experience

Pillsbury Winthrop Shaw Pittman LLP

Courts

Court of International Trade

U.S. Court of Appeals for the Federal Circuit

District of Columbia Court of Appeals

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