Brian Fleming

National Security & Cross-Border Transactions | Economic Sanctions | Export Controls | Independent & Internal Investigations |Campaign Finance & Political Law |Crypto Regulations & Trade Controls

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.