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Hdeel Abdelhady
Principal Attorney
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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) 

News

News Quotes, Appearances, Articles

npr
msnbc
reuters
ahram
law360
us news
jd supra
ahram online
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Speaking Engagements & Publications

Select Speaking Engagements Sanctions, Trade, and Export Controls 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.

Managing Law and Risk in High Risk Markets

MassPoint works with diverse clients entering and operating in high risk markets. MassPoint’s Principal, Hdeel Abdelhady, has extensive experience handling matters in and involving high risk markets that are rule of law deficient or otherwise present legal, political, and other risk…

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Business Ethics, Compliance & Risk

MassPoint works with companies and non-profit organizations to develop and enhance corporate governance and compliance protocols that are customized to the entity’s particular needs, comply with applicable laws and internal rules, and bolster the entity’s reputation and standing. The Firm’s corporate…

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Education, Training & Thought Leadership

MassPoint develops bespoke education and training materials and programs for U.S. and foreign companies, banks and non-profits in the areas of business regulation, compliance and risk. The Firm tailors materials and programs for client size, organizational structure, operating locations, industry, and…

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Islamic Banking, Finance and Philanthropy

Islamic Banking, Finance and Philanthropy Legal and Advisory Services Hdeel Abdelhady has advised banks and other parties on purely Islamic transactions and conforming conventional banking and finance products to Islamic standards, particularly in the trade finance setting. Hdeel has also collaborated with…

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The Value of Integrating News Awareness into Corporate Compliance and Risk Management

The case of Michael Cohen, “personal lawyer” to the U.S. President, continues to yield rich legal, compliance and risk management lessons for a growing group that includes U.S. and foreign companies, banks, lobbyists, government officials, and lawyers. Recent developments in the Cohen matter highlight how news awareness can enhance compliance and risk management for companies and others. Unlike AT&T and Novartis, most companies will not find themselves entangled in headline news of national importance, but enough of them are likely to get caught flat-footed by news about them or their business partners and peers (such as in the same industry, where news of one company’s bad behavior can lead law enforcement authorities to scrutinize peer companies in industry sweeps).
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Decoding Trump on Trade: Links Between Economic/Trade Issues and Military Security

Other of Mr. Trump’s statements, including dating back decades, hint that he views trade as “unfair” when other nations fail to compensate the United States for providing the secure conditions under which they trade and prosper. In 1987, Citizen Trump took out full page ads in three major newspapers criticizing U.S. “foreign defense policy” for its lack of “backbone.” Why, asked Mr. Trump, were foreign nations like Japan “not paying the United States for the human lives and billions of dollars we are losing to protect their interests?” In a 1988 interview with Oprah Winfrey, Mr. Trump wondered why Kuwait, “where the poorest people live like kings,” was not paying the United States “25 percent of what they’re making” from oil sales when “we make it possible for them to sell their oil.”  More recently, to extract trade concessions, the President reminded South Korea of its reliance on the United States for its security.
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U.S.-China Trade and Tech War on Three Fronts

Much of the talk of trade war between the United States and China, and perhaps other countries, has focused on traditional trade measures and counter-measures like tariffs that strike at the core of international trade: most basically, the movement of goods and services across international borders. But there are two additional fronts of a U.S.-China trade war (thus far): intellectual property and the use of U.S. sanctions and other laws to "coerce and deter" economic rivals like China.
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House Bill “Blocks Bailout” of ZTE After Export Ban

On May 17, the House Appropriations Committee unanimously approved a measure to block the Commerce Department from using appropriated funds to alter the export ban (i.e., the “denial order”) that the agency activated against ZTE on April 15, 2018. The ZTE measure was approved as an amendment to the fiscal year 2019 bill funding the Departments of Commerce and Justice, Science, and Related Agencies (“Commerce Appropriations Bill”), which was approved by the Appropriations Committee on May 17.
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Hdeel Abdelhady Discussed the Michael Cohen Matter on MSNBC

Hdeel Abdelhady joined MSNBC's Ari Melber on May 9 to discuss developments in the Michael Cohen case, including Michael Avenatti's report purporting to contain details of Cohen's transactions with Novartis, AT&T, Viktor Vekselberg and others. Watch the segment here: MassPoint's Hdeel Abdelhady on The Beat With Ari Melber
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Trump Administration Supercharged Global Magnitsky Corruption and Human Rights Sanctions

Beyond the parameters of the Global Magnitsky Act, EO 13818 markedly enlarges the range of sanctionable conduct and persons. The differences between the language of EO 13818 and the Global Magnitsky Act are substantive and significant. In several instances, EO 13818 expands sanctions by omitting the Act’s qualifying language, adding new bases for sanctions, and/or leaving key terms undefined. Key instances of EO 13818’s broad and/or uncertain language are discussed below.
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