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Hdeel Abdelhady - Economic Sanctions, Emerging Technologies Exports, CFIUS

 

Hdeel Abdelhady
Principal
Email │ Phone: +1 (202) 630-2512 │ LinkedIn

Hdeel Abdelhady is MassPoint PLLC’s founder and principal. She focuses on international trade, namely sanctions, emerging technologies export controls, foreign investment in the United States (CFIUS), anti-corruption, and anti-money laundering.

In the international trade area, Ms. Abdelhady focuses on established and evolving law, regulation, and policy pertaining to emerging technologies such as artificial intelligence, semiconductors, additive manufacturing, and battery technology.

Ms. Abdelhady created and a one-of-a-kind law school course on Regulation of Foreign Access to U.S. Technology, covering the continuum of key laws, regulations, and policies designed ultimately to maintain U.S. technological leadership in emerging technologies like artificial intelligence, advance semiconductors, and robotics, from foreign investment in the United States to export controls and sanctions.

The course also covers existing law and policy applicable to academic and other research environments, and the U.S.-China tech race. She currently teaches the course at The George Washington University Law School, were she has served part-time as a Professorial Lecturer in Law for 20 years.

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, both in  Washington, D.C. and in Dubai.

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.

MassPoint PLLC’s law blog. Sanctions Blog, Emerging Technologies Blog, Hdeel Abdelhady

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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Hdeel Abdelhady Quoted on U.S. Election Impact on Foreign Investment

Hdeel Abdelhady was quoted in Islamic Finance News, on the potential impact of the U.S. Election outcome on Islamic finance and investment in the United States. She said: “Trump’s rhetoric and proposals — such as the ‘Muslim ban’ (which is legally problematic and impracticable) and other politically opportunistic invocations of Islam and Muslims — would likely carry over and create an inhospitable environment for Islamic finance, including because Trump’s candidacy appears to have normalized, in some quarters, anti-Muslim, anti-‘other’ speech and conduct . . . even if Trump — a self-styled ‘dealmaker’ — were inclined to support wholly or partially Islamic investments in the US (such as the CityCenterDC mixed use development located less than a mile from both Trump’s recently opened DC hotel and the address to which he aspires, 1600 Pennsylvania Avenue), the atmosphere and supporters he has cultivated as a candidate would likely be impediments.”
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Thumbnail Of Iran Issues For Business After Partial Sanctions Relief And U.S. Elections.lng

IRAN AFTER PARTIAL SANCTIONS RELIEF AND U.S. ELECTIONS

MassPoint PLLC, with the American Bar Association Section of International Law and Bryan Cave LLP, are sponsoring a program entitled "Iran After Partial Sanctions Relief and U.S. Elections: Legal, Risk, and Practical Issues for Business." Hdeel Abdelhady, who wrote and organized the program, will serve as moderator.
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