Avoid Kicking the Hornet’s Nest: A Fresh Look at How to Anticipate, Avoid, and Respond to BIS Administrative Subpoenas (Part 2)
Brent Carlson and Michael Huneke provide guidance on anticipating, avoiding, and responding to administrative subpoenas.
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In the second of a two-piece publication, Brent Carlson and Michael Huneke continue their discussion on administrative subpoenas from the Department of Commerce’s Bureau of Industry and Security (BIS). They explain how to respond to subpoenas—if they cannot be avoided—and conclude with practical steps and recommendations for companies, in-house legal and compliance teams, and boards of directors. These tips equally apply to Department of Justice criminal investigations, which may follow administrative subpoenas.
In responding to a BIS administrative subpoena, although the voluntary disclosure window is closed, the cooperation door remains open. It is important to proactively engage with enforcement officials at every stage and appreciate that they may have more information, including potentially from whistleblowers.
In the current geopolitical environment, it also is important to recognize the broader national security implications that place hurdles in challenging BIS’s authority.
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