Thomas J. McCarthy counsels clients on U.S. law and policy affecting international trade and business, including export control laws, sanctions programs, customs law, anticorruption laws, antiboycott regulations and foreign investment in the United States. Among other things, he has helped clients in various industries 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 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.
Relevant agencies and areas of law include—
- defense trade controls (ITAR) administered by the U.S. Department of State (DDTC) and related import provisions administered by the Bureau of Alcohol, Tobacco, and Firearms
- dual-use export controls (EAR) and antiboycott regulations administered by the U.S. Department of Commerce (BIS, OAC, Census)
- U.S. Foreign Corrupt Practices Act (FCPA), enforced by the U.S. Department of Justice and U.S. Securities and Exchange Commission
- U.S. sanctions programs administered by the Office of Foreign Assets Control (OFAC)
- import controls administered and enforced by the U.S. Department of Homeland Security (CBP, ICE)
- export controls on nuclear items administered by the U.S. Department of Energy and Nuclear Regulatory Commission
- Exon-Florio, administered by the Committee on Foreign Investment in the United States (CFIUS).
Mr. McCarthy has extensive experience with clients in various industries and sectors, including—
- high technology
- energy and related services
- defense
- engineering services
- logistics and freight forwarding
- venture capital and private equity.
Prior to joining Akin Gump, Mr. McCarthy served as a summer clerk for the Honorable Clarence Newcomer of the U.S. District Court for the Eastern District of Pennsylvania and for the Environmental and Natural Resources Division of the Department of Justice. Mr. McCarthy received his B.A. in economics in 1991 from the University of Michigan and his J.D. in 1998 from the University of Virginia, where he was articles editor of the Virginia Journal of International Law.
Mr. McCarthy is a member of the Maryland and District of Columbia 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 is also a member of the International Law Section of the District of Columbia Bar and serves on the board of directors of Citizen Effect, a non-profit organization dedicated to microinfrastructure projects in India and Africa. Prior to entering law school, Mr. McCarthy served as a U.S. naval officer for four years.