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Lowenstein Sandler LLP

Andrew Bisbas

Andrew Bisbas

Associate

Lowenstein Sandler LLP
D.C., U.S.A.

tel: 202.753.3807
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Profile

Andrew counsels domestic and foreign clients on a broad array of trade issues, including import and export controls, economic sanctions on foreign countries (including Iran, Cuba, North Korea, and Russia/Crimea), secondary sanctions on third-country entities, anti-boycott compliance, anti-bribery and Foreign Corrupt Practices Act (FCPA) compliance, Committee on Foreign Investment in the U.S. (CFIUS) and Foreign Investment Risk Review Modernization Act (FIRRMA) reviews and filings, U.S. Customs and Border Protection (CBP) seizures and disclosures, USCIS Form I-129 Part 6 certifications, and sanctions issues pertaining to EB-5 and E-2 immigration matters. He regularly advises clients on the risks associated with cross-border M&A and investment transactions and on the trade compliance requirements and policy considerations pertaining to the transfer of controlled information, technology, software, defense articles and services, and commercial goods.

In addition, Andrew works diligently with clients to properly classify items and make country-of-origin determinations for import and export purposes, as well as to acquire licenses from and navigate the disclosure processes of the Department of Commerce's Bureau of Industry and Security (BIS), the Department of State's Directorate of Defense Trade Controls (DDTC), and the Department of the Treasury's Office of Foreign Assets Controls (OFAC). He also helps businesses remain compliant with U.S. trade regulations through the design and implementation of comprehensive, company-specific compliance programs, manuals, and trainings focused on the International Traffic in Arms Regulations, the Export Administration Regulations (EAR), the Foreign Corrupt Practices Act (FCPA), U.S. embargoes and sanctions, and U.S. import and labeling requirements.

Prior to joining the firm, Andrew worked as a trade analyst and then as an associate attorney on the Global Business team of an AmLaw 100 firm in Washington, D.C. He also spent a semester at the Chinese University of Hong Kong, where he studied Hong Kong and PRC transactional law. Andrew is fluent in Greek.

Bar Admissions

    District of Columbia
    California

Education

American University Washington College of Law (J.D. 2015)
Vassar College (B.A. 2008)
Areas of Practice
Professional Career

Significant Accomplishments

Speaking Engagements

Lowenstein Sandler's Spring Alumni CLE Day will feature three CLE programs on timely legal issues and provide you with an opportunity to reconnect and network with LS attorneys and alumni over lunch.


Program Agenda


Registration and Breakfast
8:30-9 a.m.            


Welcome Remarks
9–9:15 a.m.  


Paid Family, Medical, and Sick Leave Compliance & Best Practices


9:15–10:15 a.m.
Presented by Julie Levinson Werner & Lauren M. Hollender


This program is a discussion of both the New York and New Jersey paid sick leave laws and paid family leave laws.  The program will address the significant impact of recent legislation on employee time off and paid benefits.  Panelists will provide policy and practice tips for employers.  


The Ethics of Client Pitches and Client Secondments
10:30–11:45 a.m.m
Presented by David M. Wissert & Sarah Scott


This CLE will explore the ethical issues that arise when pitching for work from prospective clients by taking an in-depth look at the recent decision in Skybell Technologies, Inc. v. Ring, Inc. and the court’s interpretation of Rule of Professional Conduct 1.18, which addresses the duties owed to prospective clients. The CLE also will explore the ethical requirements for client secondments to avoid the imputation of conflicts of interests between the firm and the client.


Everything You Didn’t Know You Need to Know About U.S. Trade Laws
12-1 p.m.
Presented by Doreen M. Edelman & Andrew Bisbas


Topics will include rapidly changing trade rules impacting clients day to day business including investment fund and merger and acquisition activities, real estate investments and even bankruptcy workouts.  Specifically, we will cover the following regulatory regimes: import regulations and Customs procedures; export regulations, prohibitions, and licensing requirements; changes in CFIUS and FIRRMA filings; U.S. sanctions and embargoes; and foreign investment filing requirements.


Networking Lunch
1-2 p.m.


The program is being held at Lowenstein Sandler, One Lowenstein Drive Roseland, NJ 07068



Professional Activities and Experience

Accolades
  • Super Lawyers: Rising Star - Andrew Bisbas
  • D.C. Bar Pro Bono Honors - Andrew Bisbas
  • D.C. Court of Appeals and D.C. Superior Court Capital Pro Bono High Honor Roll - Andrew Bisbas

Articles

Every day we hear more and more about the changing landscape of American–Iranian politics, and, if you read the newspapers, it looks like some U.S. businesses are beginning to benefit. It’s a good potential market. There are approximately 80 million consumers, a young population and an interest in U.S. goods and investment in the United States. But, what is really allowed and what does that mean for Iranian EB-5 investors? Is unencumbered Iranian investment in the U.S. the new reality?


The short answer is, no. It’s not that simple. But there are opportunities, and EB-5 investment is possible if you do your homework and stay compliant with the rules.


EB-5 Investment Procedures
An Iranian investor looking to obtain a U.S. EB-5 Visa through investment in a regional center must go through a variety of procedures in order to utilize the EB-5 program. First, potential investors need to determine whether their EB-5 funds transfer falls within the Department of Treasury’s Office of Foreign Assets Control’s (“OFAC”) General License. They may need an opinion letter from legal counsel providing financial institutions evidence that the transfer does not violate the sanctions program. Restricted party screenings must also be completed to ensure the individuals and entities involved in the investment are not U.S. government prohibited parties. Such parties are restricted from doing business in the United States or with a U.S. Person (this includes U.S. businesses).

While the United States' Foreign Corruption Practices Act (FCPA) prohibits U.S. entities from paying bribes to foreign officials abroad, China's Anti-Unfair Competition Law and Criminal Law together cover bribery of both public and private individuals by foreign or domestic actors in China.


At a time when both countries' governments are prioritizing the fight against corruption, one cannot ignore the many potential bribery-related pitfalls presented by the numerous trans-Pacific exchanges that drive the EB-5 process. The first step in addressing the issue is understanding one's role in the EB-5 industry and the unique compliance challenges it presents.  Additionally, a comprehensive anti-corruption compliance program to mitigate such risks can help ensure that you are protected from costly government fines, possible prison sentences, and sleepless nights. 


The behavior of the agents, brokers, issuers, and investors you work with will make or break your EB-5 business. As with all investments, you can protect yourself by understanding what risks are associated with doing business with each entity involved. This article explains the corruption risks and government concerns and provides six proactive steps you can take to minimize such risks in your EB-5 business.

On March 16, the Treasury Department’s Office of Foreign Assets Control (OFAC) published a final rule that further facilitates travel to Cuba, authorizes additional types of financial transactions and allows companies to have a greater business presence on the island. The latest changes represent yet another small step towards normalization, building upon four past rounds of regulatory amendments that began over a year ago.


While the president cannot unilaterally abolish the Cuban Assets Control Regulations (CACR) sanctions regime absent congressional action, over the past 16 months he has used his authority to normalize economic and political relations between the two countries as much as possible through executive action. The latest amendments were announced days before President Obama’s historic trip to Cuba – the first time a sitting U.S. president visited the island in 88 years. Despite the administration’s inability to remove all sanctions without Congressional approval, it made the president’s intentions to push the envelope as much as possible clear prior to his trip, saying that the visit will be aimed at rendering the normalization process “irreversible.”


An exhibition game between Major League Baseball’s Tampa Bay Rays and the Cuban national team, and a Rolling Stones concert in Havana were two events that suggest many Cubans and Americans support the president’s goal of reconciliation.


WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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