Brian J. Fleming

Partner

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Areas of Work

National Security & Cross-Border Transactions, Economic Sanctions, Export Controls, Independent & Internal Investigations

Overview

Brian Fleming is a deputy chair of Steptoe's International Trade and Regulatory Compliance group. He 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

Areas of Work

Representative Matters

Recent Representations

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.

Speaking Engagements

"Emerging Controls and Enforcement on Emerging Technologies: AI and Quantum Computing," GIR Live: Sanctions & AML Annual Meeting 2024, November 14, 2024
"2024 and Beyond - An Update on Export Controls and Economic Sanctions in the US, EU, and UK," International Compliance Professionals Association, Houston DATA Group, and Houston Energy Industry Trade Compliance Forum (HEITC), Houston, TX, September 10, 2024
"AI, Emerging Tech and the Law," EDGE24 Security Summit, July 10, 2024
"CFIUS and Reverse-CFIUS at the Forefront of Trade Relations," 2nd Annual Sayari Symposium, June 6, 2024
"Recent Regulatory and Enforcement Actions Relating to the Provision of Cross-border Services," Sandpiper's National Security, Sanctions, and Export Controls: Compliance, Investigations, and Enforcement conference, May 23, 2024
"US Government Enforcement Priorities and Policy Developments," International Chamber of Commerce México, February 28, 2024
Chair, GIR Live: Annual Sanctions & AML Meeting, Washington, DC, November 16, 2023
"CFIUS Update - Successfully Navigating New Enforcement and Penalty Guidelines," 16th ACES Summit on Anti-Corruption, Export Controls, and Sanctions Compliance, May 24, 2023
"OFAC Compliance: Meeting Evolving US Sanctions Requirements, Minimizing Risk of Sanctions," Strafford Webinar, October 19, 2022

News & Publications

Stepwise Risk Outlook

April 2, 2025

By: Melissa B. Mahle

International Compliance Blog

March 31, 2025

By: Steptoe's Economic Sanctions Practice

International Compliance Blog

March 25, 2025

By: Steptoe's Economic Sanctions and Blockchain and Cryptocurrency Practices

International Compliance Blog

February 27, 2025

By: Anjali Belur, Christopher Forsgren, Tyler Evans, Brian J. Fleming, Evan T. Abrams

StepTechToe

February 25, 2025

By: Evan T. Abrams, Brian J. Fleming

International Compliance Blog

February 24, 2025

By: Evan T. Abrams, Brian J. Fleming

Press Releases

February 14, 2025

Publications

Export Compliance Manager

January 14, 2025

By: Brian J. Fleming, Evan T. Abrams, Ryan Pereira

Press Releases

January 3, 2025

International Compliance Blog

December 23, 2024

By: Elizabeth Goodwin, Nicholas P. Silverman, Brian J. Fleming, Jason Abel

View All

Resources

AI, Data & Digital Regulation Blog

Events

Webinars

January 8, 2025

Speakers: Jason Abel, Brian J. Fleming, Adie J. Olson

Seminars & Events

October 29, 2024

Speakers: Brian J. Fleming, Evan T. Abrams, Elizabeth "Liz" Cannon, Colleen Mearn, John Heflin

Noteworthy

Chambers USA, International Trade: Export Controls & Economic Sanctions, Nationwide (2022-2025)
Legal 500 US, Dispute Resolution: International Trade (2018-2019, 2021–2022)
Assistant Attorney General Award for Excellence, National Security Division (2017)

Previous Employment

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)