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Hdeel Abdelhady Principal Attorney Email Tel: +1 202 630 2512   Connect Twitter Linkedin Twitter Twitter Biography Representative Experience What Clients Have Said Admissions Appointments & Honors Education News Biography Hdeel Abdelhady brings to the table a unique blend of transactional and regulatory/compliance skills honed in independent and large firm practice, and as in-house  secondment counsel to U.S. and foreign banks. Noted for her commitment to clients, Hdeel works to understand clients’ business and goals, and takes a strategic, commercially-aware approach to her representation of clients. Hdeel has acted as lead transactional and regulatory counsel to U.S. and foreign banks, sovereign entities, companies and nonprofits. On their behalf, Hdeel has negotiated, drafted and executed conventional and Islamic finance, corporate, and commercial transactions; advised U.S. and foreign banks, money services businesses, companies, and non-profits on sanctions, anti-corruption, anti-money laundering, and counter-terrorism financing matters, including providing client training and drafting compliance programs; and structured and advised on bespoke investments and transactions combining multiple objectives and legal systems. In addition, Hdeel has represented U.S. and foreign companies in disputes opposite sovereigns and private parties. Her matters have involved the United States, the Middle East, Africa, Asia, and Europe. Having handled transactions, compliance matters and disputes, Hdeel understands how transactions are put together, and why they fall apart. She is well-positioned to identify and manage legal and related risk. Hdeel has since 2004 served as a Professorial Lecturer in Law at The George Washington University Law School, where she currently teaches Regulation of Foreign Access to U.S. Technology and Transactional Islamic Law. She has also taught an American legal skills course for international graduate students from around the world. Hdeel has published extensively. In addition to her MassPoint publications, Hdeel’s writings have been published 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. Representative Experience Transactions
  • Crafted bespoke framework for agricultural/food security investment combining conventional asset management standards and Islamic transactional frameworks on behalf of a government entity.
  • Developed endowment structure, on behalf of a Middle East-based NGO backed by the UAE government and a multilateral development bank, combining Islamic waqf and common law trust structures with legal and governance elements comporting with Shari’ah and civil law requirements, including anti-money laundering and counter-terrorism financing compliance.
  • Advised bank on lease financing documentation and best practices and drafted suite of lease financing documentation for use in transactions amenable to standardization.
Export Controls/Technology Regulation/U.S.-China Tech War
  • Advise U.S. and foreign companies on U.S. export controls and related measures as applicable (e.g., sanctions).
  • Advise U.S. and foreign parties on existing and emerging U.S. laws and regulations applicable to technology transfer, investment, and commerce with cross-border elements, including foreign investment in the United States (CFIUS/FIRRMA), export controls, sanctions, research-related regulations.
  • Counseled university compliance personnel on emerging U.S. laws, regulations, and policies restricting foreign participation in certain STEM research and related policy issues around “academic espionage” and U.S.-China developments around emerging technologies.
  • Developed and teach one-of-a-kind law school course on the regulation of foreign access to U.S. technology.
Sanctions Counseling and Compliance
  • Advise U.S. and foreign financial services providers, sovereign-affiliated entities, companies, and individuals on compliance with U.S. sanctions, including Ukraine-related Sectoral Sanctions on Russia, Iranian Transactions and Assets Control Sanctions, Venezuela Sanctions, Global Magnitsky Sanctions, Sudan Sanctions, and Rough Diamond Trade Controls.
  • Advise U.S. persons on transactions and transfers related to inherited property pursuant to OFAC-administered Iranian Transactions and Sanctions Regulations (ITSR).
  • Advise on and draft OFAC license applications.
  • Advise on extraterritorial jurisdiction and effects of U.S. unilateral sanctions as to non-U.S. persons and transactions.
Banking Regulation and Compliance/AML/CFT
  • Advise foreign entities on establishment of foreign banking organizations in the United States and related regulatory requirements at the federal and state levels.
  • Advised on the establishment of state- and federal-chartered banks.
  • Advised prospective bank incorporator/principals on non-bank structures/entities available under U.S. law to conduct international banking.
  • Advised U.S. and foreign banks and prospective banking market entrants on AML, CFT, and related domestic and international standards applicable to international and correspondent banking.
  • Represented entity in early stages of establishing a money services business in the District of Columbia.
  • Drafted AML, CFT, sanctions, and anti-corruption (including FCPA) compliance programs for U.S. and foreign entities, some including safeguards rules  applicable to “financial institutions” (FTC).
Nonprofit Board Service/Pro Bono
  • Served on the board of directors of a Gates Foundation-supported Washington, D.C.-based nonprofit organization engaged in human, civil, and women’s rights advocacy and legal scholarship; advised entity on contractual and governance matters and drafted strategic development plan ratified by the board.
  • Served as a special advisor to the board of directors of a Washington, D.C. nonprofit organization engaged in rule of law advocacy and advised the organization on the establishment and maintenance of its tax-exempt  status and governance.
  • Represented a Washington, D.C. church in a mortgage refinancing transaction opposite a DC Metro Area bank.
What Clients Have Said “Hdeel Abdelhady’s standard of work and attention to detail are excellent, resulting in consistent output of very high quality.” -Senior Counsel, Global Bank
“Hdeel Abdelhady developed a good working relationship with the team in a short period of time which resulted in an open dialogue and free flow of ideas.” -Senior In-House Counsel, Europe-Based Global Bank
“Hdeel Abdelhady displays an obvious affinity for her clients.” -Head of Legal, International Bank Admissions
  • District of Columbia
  • Commonwealth of Virginia
  • State of Maryland
  • United States Court of Appeals for the Fourth Circuit
Appointments & Honors Current Appointments 
  • Professorial Lecturer in Law, The George Washington University Law School (courses: Transactional Islamic Law and Regulation of Foreign Access to U.S. Technology)
  • Fellow of the American Bar Foundation
  • Member, American Bar Association Task Force on Gatekeeper Regulation and the Profession
  • Member, Board of Directors, Association of Certified Financial Crime Specialists (ACFCS) Washington DC Chapter
  • Senior Advisor, Middle East Committee, American Bar Association Section of International Law (former Co-Chair)
  • Liaison to the Dubai International Financial Centre Courts, American Bar Association Section of International Law (2017-2018)
  • Member, American Bar Association Rule of Law Initiative (ROLI) Middle East and North Africa Council
Recent Honors 
  • MassPoint PLLC, Corporate Law Firm of the Year, USA, Finance Monthly Global Awards
  • Corporate: M&A and Governance, Who’s Who Legal 2016 
Previous Appointments 
  • Liaison to the United Nations Commission on International Trade Law (UNCITRAL), American Bar Association Section of International Law
  • Member, World Bank Insolvency and Creditor/Debtor Regimes Task Force
  • Co-Chair, ABA Middle East Committee
Education JD, The George Washington University Law School (2002) Activities and Awards
  • 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 (1997)  News

News Quotes, Appearances, Articles

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msnbc
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Speaking Engagements & Publications

Select Speaking Engagements International Trade & Sanctions Foreign Investment in the United States Critical Resources Law & Strategy (Minerals, Metals, Agriculture) Governance, Business Conduct, ESG Anti-Money Laundering/Banking/Correspondent Banking Anti-Corruption (Politically Exposed Persons and State-Owned Enterprises) Global Magnitsky Sanctions/Global Magnitsky Act Islamic Banking, Finance & Philanthropy International Law & Business, Rule of Law, Misc.
  • 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.

OFAC’s Russia Sectoral Sanctions Directives Apply to Trade-Based Debt: Analysis

The Haverly case is instructive as it clarifies OFAC’s position, with respect to Haverly and likely more broadly, as to the meaning of “debt” under Directive 2, which prohibits, by U.S. persons and within the United States, dealings in “new debt” issued by parties that are listed on the OFAC-maintained Sectoral Sanctions Identifications List (SSIL) or not so listed but are owned 50% or more by one or more sanctioned parties.
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Anti-Corruption Enforcement is Globalized

As anti-corruption standards and enforcement practices become more uniform, cooperation among enforcement authorities will increase in frequency and effectiveness. In the FCPA enforcement context and in others, authorities have imposed record-setting fines, and likely will continue to do so with greater frequency, particularly where violations are egregious, widespread, or have broad impact. In such an environment, monetary penalties for avoidable violations may no longer be absorbable as the cost of doing business. As a matter of good business practice, companies of all sizes should take steps to strengthen compliance programs appropriately for their industries, organizational structures, home obligations, and the jurisdictions in which they do business.
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Huawei Ownership and the Foreign Agents Registration Act

The United States has adopted a whole-of-government approach to counter China’s “economic aggression” or “economic espionage,” umbrella terms that encompass a range of conduct including IP theft, forced technology transfer, academic espionage, and influence operations in the United States. The whole-of-government approach illustrates that the most strategically significant and complex confrontation between the United States and China is not the “trade war.” Rather, the race to dominate future technologies like artificial intelligence and 5G underpins the most complex legal and policy issues between the two nations. The U.S.-China tech war, and the United States’ whole-of-government strategy, has put Chinese technology companies under the hot light of U.S. legal and political scrutiny. Companies like Huawei and ZTE, relative unknowns in the United States until recently, have found themselves on the wrong side of U.S. law enforcement.
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Proposed Legislation Would Restrict Foreign Participation in Academic Research

The “Protect Our Universities Act of 2019” is a a bill “to create a task force within the Department of Education to address the threat of foreign government influence and threats to academic research integrity on college campuses, and for other purposes." Among other things, the Bill would restrict foreign student participation in federally funded academic research deemed "sensitive" to national security.
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OFAC Expanded General License for U.S. Persons to Transact in Certain Inherited and Other Property in Iran

Under amended Section 560.543 of the ISTR, individuals who are U.S. citizens and permanent residents[2]  “are authorized to engage in transactions necessary and ordinarily incident to the sale of real and personal property in Iran and to transfer the proceeds to the United States,” but only if the real and personal property was (1) “acquired before the individual became a U.S. person” or (2) was “inherited from persons in Iran.
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Nonprofit Organizations and the Foreign Agents Registration Act

FARA was enacted in 1938, but only recently entered the public consciousness through the Special Counsel’s investigation of Trump campaign and administration officials. Following the indictment of Paul Manafort for FARA and other violations, and Michael Flynn’s remedial registration under FARA after his previously undisclosed work on behalf of foreign governments came to light, lobbyists, public relations professionals and law firms, among others, reportedly were moved to register as foreign agents or assess their FARA registration obligations
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U.S.-China Trade, Technology and American Academia: The DOJ China Initiative

On national security grounds, the United States is developing and implementing a whole-of-government approach to maintain the country’s technological edge through legal and policy measures to restrict Chinese access to U.S. technology and intellectual property, including by: (1) limiting or prohibiting certain foreign investment and commercial transactions; (2) adopting export controls on emerging technologies; (3) instituting supply chain exclusions; (4) curbing participation in academic and other research; and (5) combating cyber intrusions and industrial and academic espionage.[2] Additionally, concerns about Chinese government influence have spurred proposals to regulate the activities of entities viewed as Chinese government influence operators.
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U.S.-China Trade, Technology & Global Policy Issues: INFOGRAPHIC

This graphic depicts key issues between the United States and China, as identified by the United States as of January 26, 2019. This is not an exhaustive depiction, but captures key categories and sub-categories of Chinese state and private practices, state policies, and state structural characteristics that are the subject of U.S. government complaints (as raised from within and outside of the Trump Administration).
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