US Export Controls & Defense Trade Controls Program: What You Need to Know in 2013

Thomas McVey is the Chair of the International Practice Group of Williams Mullen, Washington, DC, where he practices in the area of the federal regulation of international business transactions. Mr. McVey advises clients on the Export Administration Regulations, the International Traffic In Arms Regulations, Sanctions Programs administered by the Office of Foreign Assets Control, the Foreign Corrupt Practices Act, anti-boycott laws and CFIUS. He is a graduate of Columbia University (BA) and Georgetown University (JD). He was a member of the U.S. delegation to the United Nations Commission on International Trade Law (UNCITRAL), 23rd Plenary Session, 1990-1992.

Emily Cromwell is a Senior Manager in Deloitte’s Customs & Global Trade team. Before joining Deloitte, Emily served as the Government Relations and Trade Counsel for an American aerospace company, where she established and administered the global Export and Anti-bribery compliance programs. Emily is an expert in the International Traffic in Arms Regulations (“ITAR”) and has extensive experience in dual-use controls in the U.S., the UK and Singapore. She chairs the ITAR sub-committee for a technology industry association and speaks frequently at export conferences and seminars. As a specialist in U.S. and UK export controls, her experience includes obtaining and managing export licences and agreements, conducting global export control training and developing and implementing global internal compliance programmes focused on leading practice methodologies.

Emily has extensive experience in dealing with the authorities in the U.S. in relation to export jurisdiction determinations, licensing requests and policy developments. She has been involved in lobbying activities in the U.S. related to Export Control Reform.

Emily earned a B.A. degree with Honors from the University of Oklahoma and a Juris Doctor from the College of William and Mary

Chris advises clients on a wide range of international trade matters, including compliance reviews and audit support; export controls and related requirements for EAR, ITAR, OFAC and other country-specific requirements; implementing compliance programs and management systems; strategic analyses ; increasing operational efficiencies via business process improvements and automated trade software implementations.

Chris also has extensive ERP and systems experience including implementing SAP’s Global Trade Services application and blending compliance procedures with this automated solution to provide improved compliance operations management. This is achieved by managing large trade and technical configuration teams and delivering a holistic risk-based solution that addresses client objectives..

Prior to joining Deloitte Tax LLP, Chris was responsible for export compliance and managing global trade compliance operations with Applied Biosystems, a long-standing life sciences entity with extensive global import / export activity. Previous to that Chris worked for an international trade software company where he had responsibility for advising clients and converting global regulatory requirements to software-based engine rules. Chris also has EU-specific experience stemming from work with Ireland’s Department of Enterprise, Trade and Employment with a focus on the telecoms industry and regulatory reform in other key economic sectors. While working for various law firms he also acquired extensive civil litigation legal research and management experience.

Education and Professional Certifications: Chris has a B.A. from the University of Colorado, Boulder and a M.S. from Trinity College, Dublin, Ireland. Chris is a licensed U.S. Customs Broker.

Lara Bender, Product Marketing Manager for TITUS, has close to 20 years of experience building enterprise security products for customers in highly regulated industries such as aerospace, defense, military and government. Lara joined TITUS in 2007 as the Product Manager for the TITUS Classification Suite, a set of products that enable end users to identify and protect sensitive information with data classification and security markings. Since that time, Lara has focused her efforts on guiding customers in employing TITUS classification and SharePoint security solutions in their enterprise security and compliance strategies. TITUS solutions have been deployed to 500 organizations worldwide, and have become an integral part of the compliance programs of organizations such as Dow Corning, Pratt and Whitney, Honeywell, DRS, Nokia, Toyota and many others. Prior to joining TITUS, Lara was a Product Manager at Entrust, where she managed the server components of Entrust’s flagship public key infrastructure (PKI) product line. She worked closely with customers like Citibank, SWIFT and NASA on the world’s first commercial PKI deployments, and helped customers leverage public key technology to enable secure email, file encryption, strong authentication and digital signatures.

Joseph D. Gustavus is a corporate attorney representing multinational clients and clients primarily in the automotive, defense, aerospace, software and information technology sectors. He has served as an attorney in Europe and speaks fluent German and is also a Certified Public Accountant. He is a member and leader of Miller Canfield’s Export Controls Group. He represents clients on ITAR and other export control compliance issues and assists clients with controlled asset identification and classification, commodity jurisdiction requests, implementation of export control compliance programs, export license applications, drafting of government-approved TAAs, MLAs, other export control-compliant collaboration agreements, performing export control audits and rendering benchmark reports, performing export control due diligence on acquisitions targets, drafting Export Control Manuals and Technology Control Plans, drafting voluntary disclosures on export control violations, and employment of foreign nationals subject to export controls.

Daniel Gerkin, an of counsel in the firm’s Washington, D.C. office, represents a diverse array of U.S. and multinational clients in matters relating to the transnational flow of goods, software, technology, and services, as well as investments in the United States and abroad, and routinely counsels clients on international trade law matters in connection with mergers and acquisitions and other business transactions.

Mr. Gerkin advises clients regarding compliance with the Export Administration Regulations, including antiboycott compliance, the International Traffic in Arms Regulations (“ITAR”), the embargoes and sanctions programs administered by the Office of Foreign Assets Control, and sanctions-related legislation. Mr. Gerkin also represents U.S. importers before U.S. Customs and Border Protection and the U.S. Court of International Trade in connection with a wide variety of customs matters, including tariff classification, import valuation, country of origin, country of origin marking, preferential programs (e.g., Generalized System of Preferences) and free trade agreements (e.g., North American Free Trade Agreement). Furthermore, Mr. Gerkin has represented a wide variety of foreign manufacturers and exporters and U.S. importers in traditional and non-market economy antidumping and countervailing duty and Section 201 proceedings, including investigations, annual administrative reviews, sunset reviews, changed circumstances reviews, new shipper reviews, scope inquiries, and appeals before the U.S. Department of Commerce, the U.S. International Trade Commission, and the U.S. Court of International Trade. Finally, Mr. Gerkin has counseled clients in the aerospace, defense, energy, financial services, manufacturing, software and technology, telecommunications, and transportation sectors, as well as private equity firms, pension funds, and sovereign funds, in connection with matters implicating the Committee on Foreign Investment in the United States.