International Guide to Export Controls and Economic Sanctions

Export controls and economic sanctions increasingly affect day-to-day business operations across the globe. No company with cross-border operations or even a multinational work force is immune from their application or can afford to ignore these laws. In recent years, controls over the export of goods, technology, and services now represent a core and extremely complex area of corporate compliance whether your client is involved in import/export activity, mergers and acquisitions, joint ventures, licensing agreements, distribution contracts, or banking and finance transactions.

Since the first edition of International Guide to Export Controls and Economic Sanctions was published in 2014, export control laws have undergone profound change and the scope of international economic sanctions laws has expanded to affect virtually every industry in every corner of the World. Years in the making, the second edition of this handbook greatly expands the scope of the first edition. It provides an overview of this challenging and dynamic body of law in the U.S., twenty-three other countries and the EU. International Guide to Export Controls and Economic Sanctions, Second Edition, will be a valuable resource to both seasoned and novice counsel and compliance professionals alike, providing a thorough and practical guide in identifying the myriad issues, navigating the rules, and managing client legal and compliance risks in export controls and economic sanctions law.

Kay has more than 33 years’ experience advising clients on all aspects of international trade, with particular capability in the areas of export control and sanctions, Foreign Corrupt Practices Act (FCPA), and import (customs) matters.

Ranked as one of the nation’s leading International Trade: Export Controls & Economic Sanctions lawyers by Chambers USA, and as a leading international trade practitioner by Legal 500 and Expert Guides, Kay is known for helping large and small clients understand, comply with, and weather the investigation storms associated with the complicated set of US laws and regulations governing US exports and non-US re-exports of goods, software, services, and technology. She also has experience advising clients on issues involving trade agreements, including World Trade Organization (WTO) agreements. Some of Kay’s recent engagements:

• Lead auditor in International Traffic in Arms Regulations (ITAR) audits conducted pursuant to the Directorate of Defense Trade Controls (DDTC) of the Department of State consent agreement/directed disclosures

•Expert witness on the ITAR in international arbitration

• Advisor to non-US companies responding to US criminal and civil government inquiries related to non-US trade in dual use goods/services with US embargoed countries

• Conduct global reviews of Fortune 500 companies export and import compliance programs and provide training to those companies

• Provide counseling and investigative experience and assistance in voluntary and directed disclosures to a wide range of industries.

Client Work

Kay has significant experience on export control matters, including advising clients on US and international laws relating to the export and import of defense articles, services, and technologies, as well as dual-use goods and technologies, and nuclear equipment and technologies. She regularly represents clients before the Bureau of Industry and Security (BIS) of the Department of Commerce, the DDTC of the Department of State, and the Office of Foreign Assets Control (OFAC) of the Department of Treasury. She is experienced in the management and resolution of:

• Licensing

• Commodity jurisdiction and classification requests

•  Internal and external audits

•Voluntary and not-so-voluntary disclosures

•US government investigations

Kay has particular industry knowledge in the areas of:

•Defense

• Aircraft/aerospace/space

•Medical devices

• Telecommunications and encryption & security

• Crime control

• Electronics & computers and memory

•  Freight forwarding

•  Security services

• Oil, oil well services, and petroleum exploration

• Global positioning and surveying

• Industrial manufacturing products

Kay also advises clients regarding compliance with anti-corruption laws,

including the FCPA, and assists in internal and US government investigations

relating to the FCPA and commercial bribery. More recently, Kay has advised

clients on compliance with US customs related laws and regulations

administered by the Customs and Border Protections (CBP).

Education:

•Cornell Law School JD, summa cum laude, international legal affairs , 1989

•Cornell University BA, distinction, classics and archeology, 1985

Previous Work

Kay formerly was an associate and partner from 1989 to 2005 with Coudert Brothers LLP.

Professional Activities

Kay is a member of the American Bar Association (ABA), Section of International Law and Practice, and previosly served two three-year terms as Co-chair of the ABA Export Controls & Economic Sanctions Committee. She is also a member of the New York State Bar Association.

Publications, Presentations & Recognitions

Kay has been recognized by Chambers USA as one of the nation’s leading International Trade: Export Controls & Economic Sanctions lawyers. Kay has also been recognized as a leading international trade practitioner by Legal 500, Expert Guides,and Who's Who Legal.

Kay’s recent publications include:

• Co-author, “The Chaotic World of U.S. Economic Sanctions in 2018: A Summary of the Main Changes and Key Takeaways,” PLI Current: The Journal of PLI Press, (2019).

• Co-author, "Sturm and Lots of Drang: The First Year of Economic Sanctions Under the Trump Administration," The Current: The Journal of PLI Press, (2018).

•  Co-editor, “ABA Handbook of Export Controls & Economic Sanctions,” (2013).

• Co-author, “The More Than You Ever Wanted to Know about Iran Sanctions Chart: Key prohibitions of ITRSHRA, CISADA, NDAA, the Iran Sanctions Act, Executive Orders, and Much More,” Practicing Law Institute (PLI) Coping with U.S. Export Controls, (2012).

• Co-author, “The Arab Spring and OFAC’s Targeted Sanctions,” PLI Coping with U.S. Export Controls, (2011).

•  Author, “International Trade Considerations in International Joint Ventures,” Joint Ventures in the International Arena , Second Edition, (2010).

She currently lives in Washington, DC.

Paul is the leader of the National Regulatory Practice Group at Dentons Canada LLP. He has over 30 years of experience in international trade law, including import/export controls, international sanctions, anti-dumping and countervail, customs, trade and investment treaty disputes, and international anticorruption law. Paul has been recognized as a leading practitioner in international trade and procurement law by several directories, including Lexpert, Chambers, Legal 500, Legal Post, World’s Leading Lawyers (Legal Media Group), Who’s Who of Public Procurement Lawyers, Who’s Who Legal Canada. He has held numerous leadership positions in the ABA Section of International Law, the International Bar Association, and the Canadian Bar Association, and is past chair and president of Transparency International Canada. He is called to the Bars of Québec (1990) and Ontario (1992) and is fluently bilingual in English and French. Paul lives in Toronto, Canada.

Douglas N. Jacobson is the founding partner of the Washington, DC-based international trade law firm of Jacobson Burton Kelley PLLC. Doug has over 30 years of experience representing a wide range of U.S. and non-U.S. companies on compliance with U.S. and multilateral regimes governing the export of dual-use items, software, technology, defense articles, and humanitarian products. He also represents companies and individuals in enforcement actions brought by BIS, DDTC, and OFAC. Doug is an adjunct professor of sanctions and export control law at American University’s Washington College of Law in Washington, DC. Doug is ranked in the Chambers and Partners’ Global and USA guides as a leading export controls and sanctions attorney. He is also listed in Who’s Who Legal as a leading international trade attorney. Doug received a BA in government from the University of Texas at Austin and a juris doctorate from the Washington College of Law, where he was an editor of the American University Law Review. He is a member of the District of Columbia and Maryland Bars and is admitted to practice before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit. He currently lives in Washington, DC.