Brian Fleming focuses his practice on matters at the intersection of national security and international trade, with an emphasis on economic sanctions, export controls, and foreign direct investment. Ranked in Chambers USA for Export Controls & Economic Sanctions, clients note Brian "has excellent judgment, technical background and client-relations skills."
US and international clients turn to Brian for advice regarding the Committee on Foreign Investment in the United States (CFIUS) process, from pre-transaction risk assessments to preparation of voluntary and mandatory CFIUS filings and management of mitigation agreements. During his time in the National Security Division (NSD) of the US Department of Justice (DOJ), Brian worked closely with senior NSD leadership, as well as the Foreign Investment Review Section (FIRS), to manage DOJ’s review of all CFIUS matters and advised on numerous transactions and mitigation proposals across various industries. He uses his government experience, along with his deep understanding of US national security interests and the demands of cross-border global business, to offer practical guidance and strategies for his CFIUS clients.
Brian’s practice also focuses on assisting clients with all aspects of US economic sanctions and export controls. Brian advises multinational companies across a range of industries in navigating the rules and regulations of the Treasury Department's Office of Foreign Assets Control (OFAC), the Commerce Department's Bureau of Industry and Security (BIS), and the State Department's Directorate of Defense Trade Controls (DDTC). Brian has led internal investigations regarding possible violations of economic sanctions and export control laws and has represented companies and individuals in government enforcement actions, including criminal cases brought by the DOJ.
Brian advises clients on other core national security issues, including matters relating to the Foreign Agents Registration Act (FARA), Foreign Ownership, Control or Influence (FOCI) and facility security clearances, the Foreign Intelligence Surveillance Act (FISA), and DOJ investigations of media leaks and disclosures of classified information.
During his time in government, Brian served as Counsel to the Assistant Attorney General for National Security at DOJ where he advised senior DOJ leadership on sensitive legal and policy issues pertaining to economic sanctions and export controls, CFIUS, Team Telecom, FARA, cybersecurity, and intellectual property theft, among others.
- District of Columbia
- Hon. John D. Bates, US District Court, District of Columbia, 2008-2009
- J.D., Vanderbilt University Law School, 2006, Order of the Coif
- A.B., Dartmouth College, 1999, cum laude
- Represented multiple critical infrastructure clients before CFIUS.
- Represented healthcare company before CFIUS and continue to manage mitigation agreement.
- Represented Chinese biomedical company before CFIUS.
- Conducted cross-border investigation regarding potential economic sanctions violations on behalf of multinational technology company and filed voluntary disclosure with OFAC.
- Conducted cross-border investigation regarding potential economic sanctions violations, coordinated subpoena response, and negotiated settlement with OFAC for multinational trade insurance company.
- Conducted cross-border investigation regarding potential North Korea sanctions violations for Asian oil and gas company.
- Conducted cross-border investigation regarding potential economic sanctions and export control violations on behalf of multinational technology company.
- Represented Chinese company on the Entity List in appeal to the End-User Review Committee.
- Represented state-owned entity on the SDN List in administrative proceedings before OFAC.
- Represented company in the aerospace industry in joint DOJ-BIS investigation of potential export control violations.
- Represented individual in joint DOJ-BIS investigation of potential export control violations.
- Represented ITAR broker in connection with voluntary disclosure to DDTC.
- Represented corporate and individual clients in responding to federal grand jury and OFAC subpoenas.
- Submitted license applications and guidance requests to OFAC, BIS, and DDTC on behalf of corporate and individual clients.
- Conducted trade compliance risk assessments for multinational companies in the healthcare and technology sectors.
- Conducted investigation regarding potential FARA registration obligation for an NGO.
- Advised multiple entities on FARA registration obligations.
- Advised media companies on DOJ media leak investigations.
- Advised multinational company regarding compliance with FISA court order.
News & Publications
International Compliance Blog
August 4, 2022
August 1, 2022
- Chambers USA, International Trade: Export Controls & Economic Sanctions, Nationwide (2022)
- Legal 500 US, Dispute Resolution: International Trade (2018-2019, 2021–2022)
- Assistant Attorney General Award for Excellence, National Security Division (2017)
- Counsel, Assistant Attorney General for National Security, Department of Justice (2015-2017)
- Trial Attorney, Counterintelligence and Export Control Section, National Security Division, Department of Justice (2013-2015)