Best Practices for Voluntary and Required Self Disclosures
Export control, economic sanctions and other related laws are complex and ever-changing. As such, U.S. companies engaged in international business transactions are at heightened risk for non-compliance. Even diligent, well-intentioned exporters often make mistakes in this dynamic regulatory climate. Exporters uncovering potential violations confront the question whether to voluntary self-disclose the matter to the relevant federal agency. Disclosure may be recommended in order to avoid or mitigate penalties, or to present a "clean house" for investors, lenders, or underwriters. In some instances, federal law requires disclosure and a blocking of funds or property interests, failure of which may constitute additional violations.
This webinar will discuss factors affecting the decision whether to disclose export or sanctions violations, including the definitive identification of violations, likelihood of detection and enforcement action, possible fallout, and potential implications for employees and business partners. The webinar will also address what should be disclosed, how and when to make the disclosure, and how to minimize the likelihood of a penalty, including remedial actions. Finally, we will discuss best practices for working with outside counsel, investigating violations, preparing disclosures, and interacting with relevant federal agencies. In addition to discussing EAR, ITAR and OFAC disclosures, we will also discuss related disclosures and notifications under the DFARS cybersecurity requirements and CFIUS.
Our speaker will be Kerry Scarlott, Partner with Baker & Hostetler LLP.
Date: Thursday, April 25, 2019
Time: 11:30 a.m. - 1:00 p.m. EST
Location: Webinar
Cost: $50 / no charge for Compliance Alliance members
Contact: Massachusetts Export Center at 617-973-6610
Speaker and Presenter Information
Kerry T. Scarlott
Partner of Baker Hostetler,
Washington, D.C.
Kerry Scarlott counsels organizations of all sizes engaging in activities domestically and abroad regarding international trade matters. He has particularly deep experience counseling technology-based clients on effectively and efficiently navigating the Export Administration Regulations (EAR); the International Traffic in Arms Regulations (ITAR); the Foreign Corrupt Practices Act (FCPA); special sanction programs administered by various U.S. government agencies, including the Treasury Department’s Office of Foreign Assets Control (OFAC) and the National Industrial Security Program Operating Manual (NISPOM); and national security regulations. Kerry regularly represents clients in foreign trade-related matters before U.S. government agencies, including the Departments of Commerce, State, Defense and Treasury. He also has significant experience advising clients on best practices in the development and implementation of compliance policies, procedures and training, as well as experience executing international trade-related due diligence in mergers, acquisitions and financing transactions. Kerry also represents companies before the Committee on Foreign Investment in the U.S. (CFIUS), and assists clients in mitigating foreign ownership, control or influence (FOCI) as may be required by CFIUS or U.S. national industrial security regulations.
Kerry has particular experience representing the aerospace and defense industries, as well as the optics, photonics and electronics industries. His depth of experience and industry knowledge, coupled with a hands-on, practical approach, makes Kerry an effective advocate for clients looking to navigate complex regulatory issues in an efficient manner
Relevant Government Agencies
Dept of Commerce, Dept of Homeland Security, Dept of Treasury
Event Type
Webcast
This event has no exhibitor/sponsor opportunities
When
Thu, Apr 25, 2019, 11:30am - 1:00pm
ET
Cost
| Compliance Alliance Members: | $0.00 |
| Participants: | $50.00 |
Website
Click here to visit event website
Organizer
Massachusetts Export Center
