Barbara D. Linney, Miller Chevalier

Barbara Linney is a Member in the International Department. She has been advising U.S. and foreign clients on international trade and business issues for nearly 20 years. Ms. Linney serves clients across a broad spectrum of industries, with particular focus on the defense, aerospace, oil and gas, and maritime industries. Her practice involves representing clients before various federal agencies, including the U.S. Departments of Commerce, Defense, and State, as well as the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and Committee on Foreign Investment in the United States (CFIUS).

Ms. Linney regularly advises clients on a wide-range of issues, including:

• U.S. export and import controls imposed by the Arms Export Control Act (AECA) and the International Traffic in Arms Regulations (ITAR) administered by the Directorate of Defense Trade Controls, Department of State (DDTC);
• U.S. export controls imposed by the Export Administration Regulations (EAR) administered by the Bureau of Industry and Security, Department of Commerce (BIS);
• controls on importation and sale of arms and ammunition administered by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF);
• economic sanctions and trade embargoes administered by the Office of Foreign Assets Control of the Department of the Treasury and the U.S. Department of State, including the Iran Sanctions Act and other sanctions legislation;
• international economic sanctions imposed by the United Nations and the European Union and member nations;
• defense security requirements imposed by the Defense Security Service (DSS) of the Department of Defense, including facility and personnel clearance requirements and compliance with the National Industrial Security Operating Manual (NISPOM);
• proposed acquisitions under review by CFIUS and related national security issues;
• measures designed to mitigate Foreign Ownership, Control and Influence (FOCI), including negotiation and implementation of Special Security Agreements and Proxy Agreements;
• due diligence, notice and regulatory approval requirements in domestic and international corporate transactions, including mergers, acquisitions, and financings; joint ventures; and distribution agreements;
• Foreign Corrupt Practices Act (FCPA) and other anti-corruption legislation;
• anti-boycott regulations;
• compliance with requirements for mandatory filing of electronic export information (EEI) through the automated export system (AES) imposed by the Foreign Trade Regulations and administered by the U.S. Census Bureau;
• product and technology jurisdiction and classification determinations;
• legislative and regulatory developments affecting international business and transactions;
• obtaining licenses and other regulatory approvals;
• design and implementation of trade and security compliance programs;
• internal investigation of possible violations of international trade and business laws;
• preparation of voluntary disclosures to DDTC, BIS, OFAC and other government agencies; and
• defense of alleged civil and criminal violations of trade and security laws and regulations.

Ms. Linney is frequently invited to speak on international trade and business issues at national and international conferences. In addition, she is the author of numerous articles on international trade and business issues.

While at the University of Saskatchewan College of Law, Ms. Linney was the Editor-in-Chief of the Saskatchewan Law Review.