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Hdeel Abdelhady
Principal
Email
T: +1 (202) 630-2512

Biography

Hdeel Abdelhady is MassPoint PLLC's founder and principal.  She works with U.S. and non-U.S. clients on  transactions (conventional and Islamic) and counsels clients on sanctions, anti-financial crime, and international trade compliance.  In the trade area, Ms. Abdelhady focuses on established and evolving law, regulation, and policy pertaining to emerging technologies such as artificial intelligence, additive manufacturing, and battery technology.

Prior to founding MassPoint PLLC, Ms. Abdelhady practiced law with two major U.S.-based law firms, and has served as secondment counsel to two banks, in Washington, D.C. and in Dubai.  Ms. Abdelhady is a part-time Professorial Lecturer in Law at The George Washington University Law School.  She created and teaches a course on Regulation of Foreign Access to U.S. Technology, which covers the continuum of U.S. regulations affecting the science and technology continuum, from academic research to inbound investment to exports.  Ms. Abdelhady also teaches Introduction to Transactional Law.

Ms. Abdelhady publishes frequently in her areas of practice and academic instruction.  Her writings have appeared in, among other publications, the World Bank Legal Review, Butterworths Journal of International Banking and Financial Law, the Sustainable Law and Development Journal, Law360, Reuters, and Ahram Online.

  • Fellow of the American Bar Foundation
  • Member, Board of Directors, Association of Certified Financial Crime Specialists, DC Chapter
  • Member, ABA Task Force on Gatekeeper Regulation and the Profession
  • MassPoint PLLC, Corporate Law Firm of the Year, USA, Finance Monthly Global Awards
  • Corporate: M&A and Governance, Who’s Who Legal 2016 
  • Past Co-Chair, ABA Middle East Committee

JD, The George Washington University Law School 

  • Member, Moot Court Executive Board
  • Chairwoman, Van Vleck Constitutional Law Moot Court Competition
  • “Best Overall Competitor” and “Best Oralist” awards, Van Vleck Constitutional Law Moot Court competition
  • Class of 2002 Clinics Volunteer Service Award
  • President, Street Law Student Association
  • Law Clerk, U.S. Department of Justice, Civil Rights Division
  • Judicial Intern, Superior Court of the District of Columbia

BA; Political Science, History (Middle East and Africa), University of Pittsburgh

  • District of Columbia
  • Commonwealth of Virginia
  • State of Maryland
  • United States Court of Appeals for the Fourth Circuit
  • World Bank Group Can be Sued for “Commercial Activity” Says SCOTUS (Jam/IFC), MassPoint PLLC, March 2019.
  • ISIS’ Islamic Stagecraft,” Ahram Weekly, October 2017 (or read the reader-friendly PDF here).
  • Editor, 2015 Middle East Legal Developments in Review (Advance Copy), American Bar Association Section of International Law Middle East Committee.
  • Harmonization of Global Sales Law, UNCITRAL Asia Pacific Incheon Spring Conferences, Incheon, South Korea, June 2015.
  • The CISG in Foreign Legal Systems (or not), Speaker, United Nations Commission on International Trade Law – Georgetown Law Global Sales Law Conference: The CISG at 35: Challenges Today, Washington, D.C., January 2o15.
  • Egypt’s New Investment Law Misses the Mark, Ahram Online, June 4, 2014.
  • The Selective Piety of Egypt’s Islamists, Ahram Online, June 23, 2013.
  • The Real Revolution Underway in Egypt, Ahram Online, December 2012.
  • Rule of Law in Egypt; Challenges for Democracy, Moderator, Aspen Institute, Washington, D.C. 2011, September 22, 2011.
  • Pillars of a Modern and Democratic Egyptian Constitution, Egypt Revolution Conference, Washington, D.C., October 21, 2011.
  • Egypt Needs a Mindset Revolution (to transition economically), Ahram Weekly, October 6, 2011.
  • Egypt’s Prosecutor General Must Advance the Rule of Law, Ahram Online July 25, 2011.
  • Partners for Change: Realizing the Potential of Arab Women in the Private and Public Sectors, Arab International Women’s Forum, World Bank, Washington, D.C., June 2008.
  • The Impact of Islam in the Constitution of Iraq, Public International Law & Policy Group Roundtable Series on Next Steps for Implementing the Iraq Constitution, Washington, D.C., January 2006.
  • The Impact of Islam in the Constitution of Iraq, Public International Law & Policy Group Roundtable Series on Next Steps for Implementing the Iraq Constitution, Washington, D.C., January 2006.
  • Issues in Federalism: Negotiation Simulation on the Formation of Regions in Iraq, Public International Law & Policy Group Roundtable Series on Next Steps for Implementing the Iraq Constitution, Washington, D.C., January 2006.
  • Investor-State Dispute Prevention: Egypt, Presentation for the International Finance Corporation, the Egyptian Ministry of Justice, and the Egyptian General Authority for Investment, Washington, D.C. 2013.
  • Go Global, Grow Local: Positioning the DC Metro Area to Tap the Global Aspiration Economy, The 2030 Group Blog 2012.
  • Montgomery County Today: Changing Community and Transformative Opportunity, Co-organizer and speaker (program on health sector growth) 2012.
  • Islamic Finance as a Mechanism for Bolstering Food Security in the Middle East: Food Security Waqf, Eighth International Conference on Islamic Economics and Finance, Doha, Qatar 2011.
  • Middle East Economic Outlook, Interview with Chief Economist of the DIFC, Interviewer, ABA Islamic Finance Committee Podcast, DIFC (Dubai), UAE 2010.
  • China-Africa Trade and Investment: Is it a Two-Way Street?, Program Writer and Chair, Washington, D.C., 2007.
  • Foreign Direct Investment and Investment Dispute Settlement, International Dispute Resolution for the Washington, D.C. Diplomatic Community, Washington, D.C., June 2006.
  • Investment Risks in International Oil and Gas Contracts, Conference on Managing Risk in International Oil and Gas Contracts (under the auspices of the Egyptian Ministry of Petroleum), Cairo Regional Centre for International Commercial Arbitration, Cairo, Egypt, May 2006; Conference on Managing Risk in International Oil and Gas Contracts (under the auspices of the Libyan National Oil Company), Tripoli, Libya, May 2006.

Congressional Hearing on Terrorism Financing Probes Bank Secrecy Act Data Effectiveness, Potential BSA Amendments

On April 27, 2017, I attended a Congressional hearing on “Safeguarding the Financial System from Terrorist Financing,” held by the House Committee on Financial Services’ Subcommittee on Terrorism and Illicit Finance (the “Subcommittee”). The sole witness was Mr. Jamal El-Hindi, Acting Director of the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury charged with protecting the financial system from money laundering, terrorism financing and other illicit activities. The hearing’s purposes were to examine the methods and efficacy of FinCEN data collection, processing and information sharing and whether the Bank Secrecy Act (BSA) and USA PATRIOT Act should be amended to improve FinCEN’s anti-money laundering (AML) and counter-terrorism financing (CFT) capacities and performance. In this brief MassPoint update, I highlight BSA data collection and usage numbers and some of the questions and issues that appeared to be of particular interest and/or concern to Congress members in attendance, taking into account the nature and frequency of the questions asked, the tone of questions, and related requests for additional or clarifying information from FinCEN.
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Money Laundering and Lawyers’ Obligations After the Panama Papers

As Co-Chair of the Middle East Committee of the American Bar Association Section of International Law, MassPoint's Hdeel Abdelhady organized and will moderate a program on lawyers' obligations to detect and report illicit client activity, in particular money laundering. Lawyers in the EU, for example, have been required for years to perform client due diligence and file suspicious activity reports (SARs) in accordance EU anti-money laundering directives. U.S. lawyers have no parallel obligations; however, U.S. lawyers are prohibited by rules of professional conduct from knowingly allowing their services to be used for unlawful purposes. The Financial Action Task Force (FATF) has described the inapplicability to U.S. lawyers of customer due diligence (CDD) and SAR filing requirements as a weak spot in the U.S. anti-money laundering framework. Members of Congress have introduced legislation to apply such obligations to U.S. lawyers, and to require U.S. lawyers to collect and share with law enforcement authorities beneficial ownership information where lawyers directly form companies, trusts, and certain other entities for clients.
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Hdeel Abdelhady Appointed ABA Liaison to Dubai International Financial Centre Courts (DIFC Courts)

Hdeel Abdelhady has been appointed to serve as the American Bar Association (ABA) Section of International Law’s Liaison to the Dubai International Financial Centre Courts (DIFC Courts). Ms. Abdelhady, who is MassPoint’s Founder and Principal, has lived and worked in Dubai and previously worked in the DIFC and collaborated with DIFC entities. Ms. Abdelhady currently serves as a Co-Chair of the ABA Section of International Law’s Middle East Committee, which she has led for three years as a Co-Chair. She also serves on the Board of the American Bar Association Rule of Law Initiative’s Middle East and North Africa Council and as the ABA Section of International Law’s Liaison to the Organisation for Economic Co-operation and Development (OECD).
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Identifying UAE “Foreign Officials” for Anti-Corruption Compliance Purposes

Companies and other organizations doing business in the UAE or with enterprises owned in part by a UAE Government party at any level (e.g., the federal/union government or a government of one of the country's constituent emirates (e.g., Dubai, Abu Dhabi, Ras al Khaimah), or entities owned in part by any of them, should be aware that under UAE law, the definition of "public official" (i.e., a government official) includes employees and directors of enterprises in which a UAE Government party holds less than a majority ownership stake and does not, formally or effectively, exercise control.
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Senate Bill to Combat ISIS Targets “Jurisdictions of Terrorism Financing Concern”

On February 13, 2017, Senator Bob Casey (D-PA) introduced in the Senate the “Stop Terrorist Operational Resources and Money Act” (the “STORM Act”). The purpose of the STORM Act is to “establish a designation for jurisdictions permissive to terrorism financing, to build the capacity of partner nations to investigate, prosecute, and hold accountable terrorist financiers, to impose restrictions on foreign financial institutions that provide financial services for terrorist organizations, and for other purposes.” The STORM Act would permit the President to designate a country as a “Jurisdiction of Terrorism Financing Concern” upon determining that “government officials know, or should know, that activities are taking place within the country that substantially finance the operations of, or acts of international terrorism by, foreign terrorist organizations.”
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Trump’s Foreign Policy May Further Strain Foreign Correspondent Banking (Derisking)

The Trump Administration's positions on countering the financing of terrorism were articulated by Treasury Secretary nominee Steven Mnuchin during his confirmation hearings, where he expressed his commitment to working unilaterally and multilaterally to combat terrorism financing (see, for example, hearing segment starting at 55:18). The Administration's interest in strengthening CFT is shared on the other side of Pennsylvania Avenue, where the U.S. House of Representatives' Committee on Financial Services recently released the results of a 2-year investigation of terrorism financing and, among other measures, recommended that the United States adopt a "whole-of-government" strategy to combat terrorism financing.
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Public Hearing: Chinese Investment in the United States: Impacts and Issues for Policymakers

On January 26, 2017, the U.S.-China Economic and Security Review Commission will hold a public hearing on Chinese Investment in the United States: Impacts and Issues for Policymakers. This hearing follows the Commission's November 2016 Annual Report to Congress, in which the Commission recommended, among other things, a bar on investment in the United States by Chinese state-owned enterprises (for background, see MassPoint's November 2016 Business Update, Proposals to Curb Foreign Investment in the United States Gaining Steam After the Election and MassPoint's April 2016 Business Update, Foreign Investment in U.S. Agriculture Under Scrutiny).
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Proposals to Curb Foreign Investment in the United States Gain Steam After Election

Acquisitions of U.S. businesses by SOEs, particularly Chinese SOEs, have been a key focus of concern about foreign investment in the United States. Chinese and other SOEs would be well-advised to acquaint themselves with the gathering focus in Washington on their U.S. investments, commercial activities (post-acquisition), and sovereign immunity under U.S. law and in U.S. litigation—non-Chinese SOEs should not assume that they will not be subjected to the same or similar scrutiny. At minimum, SOEs—Chinese and non-Chinese—may be well-served by understanding the origins of some Trump transition team (and later administration) proposals and/or their linkages to prior proposals. Privately-owned foreign enterprises should also take note, as sentiments about foreign investment in the United States may also directly or indirectly affect their planned or future investments (including, perhaps, favorably, if SOEs are (to an extent) taken out of competition for U.S. assets as a result of legal, policy, or political measures adopted in the United States).
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