Don’t ‘Over Respond’ to Gov’t Subpoenas, Law Firm Says

Companies receiving a subpoena from U.S. sanctions and export control agencies should be “careful not to over respond,” which can lead to more questions from the government and potentially an expanded investigation, Torres Trade Law said in an Oct. 31 client alert. Although businesses receiving a subpoena are generally required to respond, the company should first take time to determine why it received the request and have “internal discussions with relevant personnel to gain an understanding of the situation before submitting a response.” It’s “always a good idea to review the scope of an information request and be deliberate in responding within those parameters,” the firm said.

The alert includes various tips for companies on how to comply with subpoenas from the Bureau of Industry and Security, the State Department’s Directorate of Defense Trade Controls, the Office of Foreign Assets Control and CBP. Trade lawyers have reported a recent uptick in subpoenas and other government outreach, including company visits by BIS (see 2306130037, 2303200051, 2303200051 and 2304100034).