Key Experience

  • 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.
  • Leads the firm’s international trade practice.

Practice

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

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 ITAR and EAR regulations 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. anti-boycott regulations in its operations around the world. Advised on a variety of anti-boycott 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 the U.S. Department of Commerce.

Speeches

Public Service and Affiliations

Recognition