Anthony Rapa

Partner International Trade & National Security

anthony.rapa@kirkland.com

Practices

Overview

Anthony Rapa is recommended counsel on international regulation and compliance. He is praised for his expertise in export controls and economic sanctions where he has ‘excellent analytical skills.’ - Who’s Who Legal

Anthony Rapa is a partner in the Washington office of Kirkland & Ellis, where he is a member of the Firm’s International Trade and National Security group. He counsels companies, private equity sponsors, and financial institutions worldwide regarding regulatory compliance in the context of cross-border operations and investments.

Anthony has been recognized by Global Investigations Review and Who’s Who Legal as a leading practitioner in U.S., UK, and EU economic sanctions and export controls compliance. He advises clients regarding matters arising under economic sanctions regulations administered by the U.S. Department of Treasury, Office of Foreign Assets Control (OFAC); the Export Administration Regulations (EAR), administered by the U.S. Department of Commerce, Bureau of Industry and Security (BIS); the International Traffic in Arms Regulations (ITAR), administered by the U.S. Department of State, Directorate of Defense Trade Controls (DDTC); and companion UK and EU regimes.

Anthony has advised clients around the world, including companies based in the United States, Europe, Asia, Australia, and Africa, across a broad range of industries. His experience includes representations of clients in the following industries: energy, technology, software, semiconductor, manufacturing, mining, financial, automotive, telecommunications, defense, aerospace, legal, and shipping.

Anthony has assisted clients in practically all aspects of sanctions and export control compliance. Such assistance has included conducting large-scale international internal investigations and submitting voluntary disclosures to authorities, leading sanctions and export control due diligence efforts in the M&A context, submitting license and advisory opinion requests, spearheading complex product classifications under the EAR and ITAR, developing compliance policies, and providing counseling with respect to transactions that involve high-risk jurisdictions and/or export-controlled items.

Anthony previously practiced in the United Kingdom, and is admitted to practice as a solicitor in England and Wales. He advises clients on international regulatory compliance matters arising under UK and EU law, often in conjunction with U.S. law issues, and provides clients with comprehensive U.S., UK, and EU advice on a given transaction in the international regulatory context.

Experience

Risk Assessments/Internal Investigations

Led a sanctions internal investigation for a U.S. private equity sponsor and its European portfolio company.
Led a sanctions risk assessment for a mining company based in Australia.
Conducted a sanctions risk assessment for an energy company based in Norway.
Conducted large-scale export control-related internal investigations in the United Kingdom and Italy for a large U.S. aerospace and defense company.
Conducted export control compliance audits in Saudi Arabia and Spain for a large U.S. defense contractor.

Transactional Due Diligence

Thoma Bravo on the £3.1 billion recommended cash offer for Sophos, a global leader in next-generation cybersecurity solutions.
Vista Equity Partners in its acquisition of Wrike, a software company.
Eurazeo SA on its acquisition of Elemica, a digital supply chain management company.
Greenbriar Equity Group in its take private of Arotech Corporation (a defense / security services company).
Greenbriar Equity Group in its acquisition of BDP International (a leading logistics company).
BC Partners in its $2.1 billion take private of Presidio, Inc. (a large IT company).
BC Partners in its acquisition of a majority stake in GardaWorld (a Canadian private security company).

Export Control Product Classification

Led a comprehensive U.S./EU export control product classification assessment for a large European auto manufacturer, and developed related compliance policies.

Government Negotiations/Authorization Requests

Successfully defended a Norway-based oil and gas exploration company against BIS allegations that it had violated the EAR.
Represented a Japanese company in discussions with BIS, OFAC, and the U.S. Department of State regarding an energy exploration project in a high-risk jurisdiction, and obtained a favorable advisory opinion from BIS that essentially greenlighted the project.

Trade Compliance Counseling

Advised a prominent U.S. firmware developer regarding export control restrictions.

Development of Compliance Infrastructure

Seconded to a large European bank, assisting in all aspects of U.S. and EU sanctions compliance.
Developed a comprehensive sanctions compliance policy for a Singapore-based bank.
Develop sanctions and export control compliance policies for implementation at portfolio companies of large private equity funds.

Steptoe & Johnson LLP

Thought Leadership

Publications

"Anticipating a Turning Point in US Export Controls for Tech," Law360 (January 28, 2020)

“Watch Brexit and Big Changes in U.K. Economic Sanctions,” Bloomberg Law (October 21, 2019)

“The Escalating Sanctions Against Venezuela, Russia and Iran,” Law360 (August 16, 2019)

“As National Security Concerns Mount, the U.S. Government Announces Proposal to Regulate Emerging Technologies” (November 28, 2018)

“Trade Wars: When Trade And National Security Converge,” Law360 (October 16, 2018)

“Cos. Must Prepare For Toughening Russia Sanctions,” Law360 (August 29, 2018)

“OFAC License For Rusal Wind-Down Shows Flexible Approach,” Law360 (May 2, 2018)

“Unmanned Systems and Export Controls: What Your Company Needs to Know,” Unmanned Systems (May 2018)

“The EAR – An Overview of Available License Exceptions,” WorldECR (July 2017)

“How Terror Group Label for IRGC Could Impact Iran Deal,” Law360 (April 4, 2017)

“Navigating EU and US Financial Sanctions: Balancing Risk and Reward in Cross-Border Transactions,” Belgian Banking and Financial Law Review (2017)

“Waive Goodbye? How Trump Might Attack the Iran Deal,” Law360 (February 17, 2017)

“Lessons from a Rare Reporting Action Against Mastercard,” Law360 (March 31, 2016)

“Between Scylla and Charybdis: Identifying and Managing Secondary Sanctions Risks Arising from Commercial Relationships with Iran,” Business Law International (January 2014)

Seminars

"U.S. Sanctions: Regulatory Developments," Strafford Webinar (May 13, 2020)

“Navigating the Sanctions Landscape in High-Risk Jurisdictions,” Dow Jones Risk & Compliance (January 28, 2020)

“Emerging Technologies and Export Controls,” Federal Publications Seminars (January 22, 2020)

“Iran Sanctions: High Noon Approaches,” Federal Publications Seminars (September 26, 2018)

“Russia Sanctions—Where Things Stand,” Federal Publications Seminars (May 31, 2018)

“U.S. Encryption Export Controls,” Federal Publications Seminars (April 26, 2018)

“Dual-Use Export Controls: Application of U.S. Export Controls Outside the U.S.,” Federal Publications Seminars (March 29, 2018)

“Introduction to Dual-Use Export Controls: U.S. EAR and EU Dual-Use Regulation,” Federal Publications Seminars (February 27, 2018)

“Recent Developments in Economic Sanctions: Russia, Iran, Venezuela, North Korea, and Cuba,” Federal Publications Seminars (November 15, 2017)

“Building an Export Compliance Program,” Federal Publications Seminars (2014–18)

Recognition

“Future Leader,” Who’s Who Legal: Investigations, 2018–2020

“GIR’s 40 Under 40,” Global Investigations Review (2017)

“Subject Matter Expert,” Federal Publications

Memberships & Affiliations

Law360 International Trade Editorial Advisory Board

Association for Unmanned Vehicle Systems International

Credentials

Admissions & Qualifications

District of Columbia
New York
Admitted to Practice as a Solicitor of England and Wales

Courts

United States Court of Federal Claims

Education

Seton Hall University School of LawJ.D.summa cum laude2007

Comments Editor, Seton Hall Law Review
Drew UniversityB.A., Economicssumma cum laude2003