Counsels clients on U.S. law and policy affecting international trade and business.
Advises in sectors including technology, energy, defense, health care, engineering services, logistics and freight forwarding, venture capital and private equity.
Head of the international trade section and member of the regulatory practice steering committee.

Tom McCarthy advises clients on U.S. law and policy affecting international trade and business. These include export control laws, sanctions programs, customs law, anticorruption laws, antiboycott regulations and foreign investment in the United States.

Tom has deep regulatory experience and has helped clients successfully:

Develop and implement compliance programs and strategies.
Conduct internal reviews, audits and investigations.
Prepare voluntary disclosures.
Negotiate settlements with relevant agencies.
Litigate trade-related cases before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit.
Draft license applications, ruling requests, protests, commodity jurisdiction requests, advisory opinion requests and other submissions to relevant agencies.
Complete Focused Assessments and analyze the classification of items.

Representative Work

Assisted an international leader in the national security sector in internal investigations and corrective action related to potential diversion, unauthorized exports and re-exports and U.S. authorization management of sensitive hardware and technical data. Prepared and submitted voluntary disclosures to the U.S. State Department’s Directorate of Defense Trade Controls.
Drafted export jurisdiction and classification logic flows reflecting hundreds of pages of recently updated International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EARs) for a U.S.-based aerospace and defense manufacturer. The logic flows, which are in use by the company, expedite and ensure the accuracy of its jurisdiction and classification process for hundreds of parts, components and technology related to significant end-items. The results were substantial improvements in both business processes and export compliance.
Advised a satellite equipment manufacturer in a matter involving ITAR compliance, including the unauthorized involvement of foreign parties in foreign sales and servicing, as well as the payment of fees and commissions to sales representatives involving sales to a foreign government. Conducted an investigation and prepared voluntary disclosures to the U.S. State Department’s Directorate of Defense Trade Controls.
Conducted in-depth internal investigations for a global propulsion and power generation manufacturer. The matter related to compliance with U.S. military and dual-use export controls, as well as the handling of ITAR technical data, including compliance with defense procurement and contracting regulations. Post-investigation, drafted and implemented improved internal compliance program and prepared and submitted voluntary disclosures to relevant U.S. authorities.
Served as counsel to one of the largest financial institutions in the world in compliance matters related to U.S. antiboycott regulations in its operations around the world. Advised on a variety of antiboycott issues, including resolving complex conflict of laws issues in Malaysia and undertaking an investigation and voluntary self-disclosure that involved transactions related to Singapore, India and Egypt. Also represented the company in settlement negotiations related to a voluntary disclosure to the U.S. Department of Commerce.

"He is an outstanding lawyer who is very strong in export controls."

Chambers USA, 2022

Education
J.D., University of Virginia School of Law, 1998
B.A., University of Michigan, 1991

Bar Admissions
District of Columbia
Maryland

Recognitions

Chambers Global, leading practitioner in International Trade: Export Controls & Economic Sanctions, 2017-2024.
Chambers USA, leading practitioner in International Trade: Export Controls & Economic Sanctions, 2017-2023.
The Legal 500 US, International Trade, 2017-2023.
National Law Journal, Regulatory & Compliance Trailblazer, 2015.
WorldECR Awards, “highly commended,” export practitioner of the year, 2015.

Affiliations and Public Service

Co-chair, Leukemia Ball for the National Capital Area Chapter of The Leukemia & Lymphoma Society, 2019.
Member, International Law Section of the District of Columbia Bar.
Member, board of directors, Center for Civilians Conflict.

Speeches and Publications

Speaker, “Deep Dive: Navigating the Cosmic Trade Routes: Space Export Controls,” Space Beach Law Lab, February 28, 2024.
Speaker, International Trade and Compliance Conference, Amsterdam, September 19, 2017.
Speaker, “Navigating CFIUS Risks in the M&A Process: National Security Reviews of Foreign Investments in U.S. Business,” Akin Gump and Association of Corporate Counsel event, July 11, 2017.