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
Created unique 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, Board of Directors, Association of Certified Financial Crime Specialists (ACFCS) Washington DC Chapter
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
Member, American Bar Association Task Force on Gatekeeper Regulation and the Profession
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
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)
Speaker, Lawyers as Gatekeepers (of the Financial System), Federal Bar Assn Virtual Tax Law Conference, March 4, 2021.
Moderator, Where National Security Meets the Private Sector: CFIUS & Trade, The George Washington University Law School National Security Law Student Assn, February 24, 2021.
Discussant, Moriba’s Vox Populi 03” on religion, ethics and space, February 14, 2021.
Speaker, Know Your Business Partners: A Must to Managing Money Laundering, Trade Sanctions, and Corruption Risks, ABA Business Law Section Fall Meeting, Washington, D.C., November 2017.
Speaker, Investor-State Dispute Prevention: Pathways for Egypt, Presentation for the Egyptian Ministry of Justice and General Authority for Investment, International Finance Corporation, Washington, D.C.
Speaker, Effective Insolvency Regimes for Islamic Finance, World Bank, Washington, D.C., 2012.
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.
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.
The recently published text of the United States-Mexico-Canada trade agreement (USMCA) includes a peculiar provision that confers on each of the parties the right to terminate the USMCA if any of the other parties enters into a "free trade agreement" (FTA) with a country determined by any of the USMCA countries to be a "non-market" economy. Insofar as the USMCA requires the parties to choose between maintaining the trilateral trade agreement or entering into an FTA with a non-market economy country, the USMCA imports the premise that underlies U.S. secondary sanctions.
On September 7, 2018, Congresswoman Mia Love (R-UT) introduced in the House of Representatives H.R. 6751, the Banking Transparency for Sanctioned Persons Act of 2018 to "increase transparency with respect to financial services benefitting state sponsors of terrorism, human rights abusers, and corrupt officials.” This update discusses the Banking Transparency Act's provisions and what it conveys about the current U.S. legal climate around corruption and human rights sanctions, Congress’ increasingly activist sanctions posture, and the risk management and compliance inferences that U.S. and foreign financial institutions should draw from the Banking Transparency Bill when viewed in context.
Some Congress members are lobbying the Administration to impose human rights sanctions on Chinese officials and companies responsible for or complicit in abuses against China’s Uighur Muslim minority and other minorities. Two companies named, Dahua Technology and Hikvision, are very large, China-based global firms that produce surveillance products and systems. The bottom line is that the tech industry should take note of the development (even if no sanctions are imposed), as it foreshadows the legal and reputation risk issues they will, without doubt, face in connection with tech-enabled abuses, privacy encroachments, and other conduct by consumers of tech products and services.
Against the Trump Administration's ideological backdrop, a range of conventional and unconventional trade, economic and other measures have been and likely will continue to be taken on "national security" grounds, including domestically. These include measures to increase domestic production of "critical minerals" (among them rare earth elements)--essential to the production of consumer electronics, electric vehicles, defense articles, medical devices, and other manufactured articles. Such actions can be seen on the horizon, if one connects the dots between national security authorities under trade laws, the Administration’s stated goals and actions favoring increased domestic mining of critical minerals, and environmental laws that contain national security/national defense exceptions and are viewed by the Administration and extractives industry interests as prohibitive to domestic production of critical minerals and commercially viable terms.
The Global Magnitsky Sanctions apply worldwide, without any requirement of a jurisdictional nexus with the United States. They define corruption broadly enough to capture a wide range of conduct and persons. The sanctions target “serious human rights abuse,” but do not define the term. Moreover, the sanctions are readily deployable. No tailored legislation, executive order, or other administrative process—other than a sanctions determination by the Secretary of Treasury in consultation with the Secretary of State—is required to impose sanctions anywhere, anytime. Given their global reach, substantive breadth, and wide applicability, the Global Magnitsky Sanctions have distinct utility value as they can be readily employed for multiple legal, policy and strategic objectives. They are the Swiss Army Knife of sanctions. To date, 78 individuals and entities have been sanctioned for corruption and human rights abuses. The most recent of these sanctions actions, against Turkey, has triggered speculation as to its motives and objectives. This is discussed below, as are some of the provisions that suggest the Global Magnitsky Sanctions were formulated for sweeping applicability and enforcement latitude.
Today the United States took the extraordinary step of imposing sanctions on Turkey's Minister of Justice Abdulhamit Gul and Minister of Interior Suleyman Soylu. The sanctions were imposed under the Global Magnitsky Sanctions program, promulgated by Executive Order 13818 pursuant to the Global Magnitsky Act of 2016 and the International Emergency Economic Powers Act, among other legal authorities.
The introduction of legislation after the Helsinki summit to constrain the President's sanctions authority vis-a-vis Russia is not surprising. As anticipated in this MassPoint post of July 18, "the Helsinki meeting could have legal consequences, should Congress move to insert itself, beyond its standard law-making and oversight role, in sanctions and trade matters," including in the mold of CAATSA.
MassPoint takes a strategic and contextual approach to critical resources law, policy and risk. The Firm works with critical resources suppliers, consumers and investors to manage legal and policy complexity in supply chains and transactions.
At this point, one or few reported new incidents of cobalt (or other critical minerals) thefts/security risks are insufficient to make any reasonable predictions as to what action would be reasonable. However, news of such incidents should be closely monitored by suppliers/exporters, buyers/importers, finance intermediaries, and logistics services providers. Related storage, transit and insurance practices and terms should be noted for review if and when circumstances appear to warrant such action.
Thinking beyond the parameters of standard "international development" and industry playbooks, the lack of progress (or, in some cases, regression) in developing Afghanistan's mining sector should induce interested government, industry and nongovernmental actors to consider if and how laws, policies and technical assistance can be formulated, modified and implemented in ways that might enhance their effectiveness in practice, rather than just on paper. Afghanistan, as is well known, is a Muslim majority nation in which Islamic law (as locally interpreted and implemented formally and informally) plays a significant role. Islamic law (Shari'ah), provides rules and precedents applicable not only to family matters and ritual worship, but also to business transactions, public governance, market regulation, and limitations on government dominion over private property. in these areas, and others, Islamic law and historical practices provide rules and precedents applicable to the regulation, administration and conduct of mining and other extractives businesses. These laws and precedents are just as robust, and more so in some cases, as international and foreign laws and standards.
