Focus Areas
Export Control & Compliance
- Advises on matters involving trade in defense articles and services (Department of State – ITAR), dual-use export controls (Department of Commerce – BIS), and foreign assets control and U.S. economic sanctions and trade embargoes (Department of the Treasury – OFAC), and U.S. anti-boycott regulations.
- Provides guidance related to classification of items for export, analysis of export licensing needs, preparation of export licenses, employment of foreign nationals, deemed export review and advice, and drafting Technical Assistance Agreements and Technology Control Plans.
- Assists corporations in developing and implementing internal corporate export compliance policies/procedures, and in conducting compliance audits and internal investigations of possible violations, and in preparing voluntary self-disclosures or addressing other export enforcement matters,
- Assists in mergers and acquisitions by conducting regulatory due diligence for corporate compliance with U.S. export controls laws and regulations.
International Trade
- Assists in matters and disputes involving unfair competition and U.S. government investigations, including Section 301 (unfair trade acts, policies and practices of foreign entities that may violate a trade agreement or is unjustified, unreasonable, or discriminatory, and that burdens or restricts U.S. commerce), Section 232 (investigations to determine the effect of imports on the national security), Section 332 (general fact-finding investigations into trade and tariff matters), and antidumping (AD) and countervailing duty (CVD) proceedings and administrative reviews.
- Assists in Section 337 proceedings (trade remedy investigations for intellectual property infringement) before the U.S. International Trade Commission (ITC), and is well versed in the complex rules and procedures inherent in such proceedings in which companies seek to protect their intellectual property rights against unlawful infringement by imported products.
- Advises on compliance with anti-bribery laws, including the Foreign Corrupt Practices Act (FCPA), including implementation of compliance policies, drafting appropriate contractual compliance provisions for third parties, and conducting internal audits.
- Advises on national security analysis and due diligence reviews of mergers, acquisitions, takeovers or other foreign direct investment in U.S. corporations by non-U.S. entities, including filings and proceedings before the Committee on Foreign Investment in the United States (CFIUS) under Exon-Florio to review foreign investment for approval of non-U.S. entities’ control over U.S. companies.
Commerce, Customs and Census Compliance
- Assist clients in the development of forced labor risk assessment methodology and conducting supply chain tracing and diligence to address and assess forced labor risks. Address supply chain management issues by assisting clients in verifying identities of companies in their supply chain and the raw materials in products being procured.
- Assist corporations in analysis and reporting to the Department of Commerce’s Bureau of Economic Analysis (BEA) of (i) acquisition or establishment of U.S. business enterprises or foreign direct investment in the United States by foreign investors, and (ii) outward U.S. investments in foreign businesses or affiliates, pursuant to the International Investment and Trade in Services Survey Act.
- Provides guidance on regulatory requirements for imports of goods across the U.S. border, including issues of Harmonized Tariff Schedule (HTS) classification and valuation.
- Assists clients in Customs and Border Protection (CBP) import enforcement actions and drafting voluntary disclosures.
- Advises corporations on application of Federal Trade Regulations for proper reporting of export information to CBP and the Census Bureau, including general requirements for filing Electronic Export Information (EEI), and the preparation of voluntary self-disclosures.
Legislative/Regulatory
- Assists lawyers in representing clients’ interests before Congress, executive branch departments and federal regulatory agencies, as well as in related litigation and appellate work.
- Monitors and tracks legislation and regulatory proceedings, conducts in-depth research and analysis on clients’ behalf, prepares briefing papers and congressional testimony, and attends hearings and regulatory proceedings.
- Advises on compliance with required filings under the Lobbying Act, the Foreign Agents Registration Act (FARA), the Ethics-In-Government Act and federal election campaign (FEC) laws and regulations.
The following is a sampling of Scott’s publications. Please visit our blog, ThompsonHineSmarTrade.com, for the latest trade-related news and policy developments.
- “BIS Enhances Its Enforcement Discretion: Revamps Voluntary Self-Disclosure Process, Abolishes Penalty Caps and Amends Penalty Guidelines,” Thompson Hine International Trade Update, October 2024
- “BEA’s Foreign Direct Investment Reporting Requirements: A Primer,” Thompson Hine Business Law Update, July 2024
- Co-author, “Aid Package for Ukraine, Israel, and the Indo-Pacific Incorporates Extensive Sanctions and Export Control Reforms,” The Global Trade Law Journal, Vol. 1, No. 5, September-October 2024
- “Treasury Proposes Rule on U.S. Investments in Certain National Security Technologies and Products in Countries of Concern,” Thompson Hine International Trade Update, July 1, 2024
- “OFAC and BIS Significantly Extend Sanctions and Export Control Restrictions Against Russia and Belarus,” Thompson Hine International Trade Update, June 2024
- “Biden Administration Releases China Section 301 Four-Year Review Report and Announces Tariff Updates to Counter China’s Unfair Trade Practices,” Thompson Hine International Trade Update, May 2024
- “National Defense Authorization Act for Fiscal Year 2024 Adds Significant Trade Provisions,” The Global Trade Law Journal, July-August 2024
- “BEA’s Foreign Direct Investment Reporting Requirements: A Primer,” Thompson Hine International Trade Update, May 2024
- “U.S. Aid Package for Ukraine, Israel and the Indo-Pacific Incorporates Extensive Sanctions and Export Control Reforms,” Thompson Hine International Trade Update, May 2024
- “USTR Initiates Section 301 Investigation on China’s Policies in the Maritime, Logistics, and Shipbuilding Sectors,” Thompson Hine International Trade Update, April 2024
- “National Defense Authorization Act for Fiscal Year 2024 Adds Significant Trade Provisions: New Law Impacts U.S. Export Controls, Sanctions and Supply Chain Management,” Thompson Hine International Trade Update, February 2024
- “BIS Issues Policy Memo on the Voluntary Self-Disclosure Process,” Thompson Hine International Trade Update, January 2024
- “Department of Commerce Issues Further Export Controls Targeting China’s Semiconductor Manufacturing and Advanced Computing,” Thompson Hine International Trade Update, November 2023
- “OFAC Loosens Venezuelan Sanctions: Authorizes Transactions Involving Oil and Gas, State-Owned Gold Mining Company, and Certain Debt and Equity of Venezuela and PdVSA,” Thompson Hine International Trade Update, October 2023
- “Executive Order Issued Restricting U.S. Investments in Chinese Technology; Treasury Seeks Public Comment on Implementation,” Thompson Hine International Trade Update, August 2023
- “FinCEN and BIS Issue Supplemental Joint Alert to Reinforce Continued Vigilance of Potential Russian Export Control Evasion Attempts,” Thompson Hine International Trade Update, June 2023
- “BEA Conducts Five-Year Benchmark Survey of U.S. Foreign Direct Investment,” Thompson Hine International Trade Update, April 2023
- “CFIUS Determines it Has No Jurisdiction Over Proposed Chinese-Owned Real Estate in North Dakota,” Thompson Hine International Trade & Real Estate Update, December 2022
- “Biden Issues Executive Order to Focus the Consideration of National Security Factors in the CFIUS Review Process,” Thompson Hine Business Law Update, Fall 2022
- “New Export Controls Target Support for China’s Advanced Computing and Semiconductor Manufacturing,” Thompson Hine International Trade Update, October 2022
- “Treasury Department Releases CFIUS Enforcement and Penalty Guidelines,” Thompson Hine International Trade Update, October 2022
- “Provision of Certain Professional Services to Russia Prohibited under U.S. Sanctions,” Thompson Hine International Trade Update, May 2022
- “Summary of Recent Financial and Comprehensive Sanctions Related to the Ukraine-Russia Crisis,” Thompson Hine The Latest on the Ukraine-Russia Crisis, March 2022
- “What Every Company Should Know About the New Uyghur Forced Labor Prevention Act,” Thompson Hine Business Law Update, Winter 2022
- “President Biden Imposes Sanctions Regarding Russia’s Efforts to Undermine Ukraine,” Thompson Hine International Trade Update, February 2022
- “New Multiagency Business Advisory on Heightened Risk of Doing Business in Burma,” Thompson Hine International Trade Update, February 2022
- “Biden Signs Uyghur Forced Labor Prevention Act,” Thompson Hine International Trade Update, January 2022
- “Changes to HTSUS Classifications Expected in January,” Thompson Hine International Trade Update, November 2021
- “Treasury Department Issues Updated Advisory on Ransomware Payments,” Thompson Hine International Trade Update, September 2021
- “Annual Blocked Property Reports Due to OFAC on September 30,” Thompson Hine International Trade Update, September 2021
- “China-U.S. Legal and Regulatory Update,” Thompson Hine International Trade Update, August 2021
- “US Government Releases Xinjiang Supply Chain Business Advisory Update,” Thompson Hine International Trade Update, July 2021
- “Federal Trade Commission Issues Final Rule on ‘Made in USA’ Claims, Thompson Hine International Trade Update, July 2021
- “DDTC Proposes to Make Pandemic-Related Telework Rules Permanent,” Thompson Hine International Trade Update, June 2021
- “BIS Eliminates Most Mass Market Encryption Reporting Obligations,” Thompson Hine International Trade Update, April 2021
- “United States Implements Multiple Sanctions and Export Restrictions on Russia,” Thompson Hine International Trade Update, March 2021
- “Biden Administration Bolsters Buy American Requirements,” Thompson Hine Government Contracts & International Trade Update, January 2021
- “Executive Order on Investments in Communist Chinese Military Companies Amended,” Thompson Hine International Trade Update, January 2021
- “CFIUS Reviews of Foreign Investment Continue to Evolve,” Thompson Hine Business Law Update, Winter 2021
- “OFAC Issues Guidance Regarding Ban on Transacting in Securities of ‘Communist Chinese Military Companies,’” Thompson Hine International Trade Update, January 2021
- “Encryption Exports – Annual Self-Classification Reports Due February 1, 2021,” Thompson Hine International Trade Update, January 2021
- “Executive Order Prohibits U.S. Investment in ‘Communist Chinese Military Companies,’” Thompson Hine International Trade Update, November 2020
- “New CFIUS Critical Technology Mandatory Filing Requirements Take Effect October 15,” Thompson Hine International Trade Update, October 2020
- “BIS Publishes Advance Notice of Proposed Rulemaking to Identify and Review Controls on Foundational Technologies: What’s Next?”, Thompson Hine International Trade Update, September 2020
- “President Trump Signs the Hong Kong Autonomy Act and Issues Executive Order on Hong Kong Normalization,” Thompson Hine International Trade Update, July 2020
- “Departments of State, Commerce, Homeland Security and the Treasury Caution Businesses Regarding Human Rights Abuses in Xinjiang,” Thompson Hine International Trade Update, July 2020
- “COVID-19 Mitigation May Trigger New Tech Export Restrictions,” Law360, June 2020
- “Commerce Issues Interim Final Rule Addressing Foreign-Produced Direct Products and Specifically Targets Huawei Technologies Co., Ltd.,” Thompson Hine International Trade Update, May 2020
- “Recent Executive Actions Focus on Bulk-Power System Grid Security and Supply Chain,” Thompson Hine International Trade Update, May 2020
- “Petitions by Vehicle Producers for Alternative Staging Regime for Compliance with USMCA Rules of Origin for Automotive Goods Due to USTR by July 1,” Thompson Hine International Trade Update, April 2020
- “OFAC Issues Fact Sheet on Providing Humanitarian Aid to Combat COVID-19 Under Various Sanctions Programs,” Thompson Hine COVID-19 Update, April 2020
- “Government Measures Worldwide in Response to COVID-19,” Thompson Hine COVID-19 Update, April 2020
- “FEMA Announces Export Restrictions on Personal Protective Equipment (PPE),” Thompson Hine COVID-19 Update, April 2020
- “Treasury Proposes Regulations to Institute CFIUS Filing Fees; Comments Due April 8,” Thompson Hine International Trade Update, March 2020
- “COVID-19 and International Trade: Status of Trade-Related U.S. Government Agencies & Courts and Helpful Online Resources,” Thompson Hine COVID-19 Update, March 2020
- “The Coronavirus Threatens U.S. Company Supply Chains – Practical Tips and Contract Considerations to Manage Risk,” Thompson Hine Transportation Update, February 2020
- “New CFIUS Regulations Will Cover Certain Non-Controlling Investments and Real Estate Transactions,” Thompson Hine Business Law Update, Winter 2020
- “Department of Justice Revises Export Control and Sanctions Enforcement Policy for Business Organizations,” Thompson Hine International Trade Update, January 2020
- “U.S. Government Agencies Stress the Importance of Corporate Compliance Programs Through the Issuance of Guidance Documents,” Thompson Hine International Trade Update, July 2019
- “What to Expect in the USMCA (a.k.a. NAFTA 2.0),” Thompson Hine International Trade Update, February 2019
- “New CFIUS Law Mandates Reporting of Certain Transactions Involving Foreign Investment in U.S. Companies,” Thompson Hine Business Law Update, Winter 2019
- “2018 Year in Review – Overview of President Trump’s Major Trade Actions,” Thompson Hine International Trade Update, January 2019
- “Department of the Treasury Releases Interim Rules Expanding Scope of CFIUS and Creating Pilot Program for Certain Transactions,” Thompson Hine International Trade Update, October 2018
- “Trump Administration Self-Initiates Section 232 National Security Investigation into Automobile and Automotive Parts Imports,” Thompson Hine International Trade Update, June 2018
- “President Trump Withdraws United States from Iran Nuclear Deal,” Thompson Hine International Trade Update, May 2018
- “Applicable Companies Must Respond to U.S. Benchmark Survey of Foreign Direct Investment by May 31,” Thompson Hine Business Law Update, Spring 2018
- “USTR Releases Proposed Determination in the Section 301 Investigation of China’s Policies and Practices Related to Forced Technology Transfers and Discriminatory Intellectual Property Practices,” Thompson Hine International Trade Update, April 2018
- “Department of Commerce Releases Requirements for Requesting Product-Based Exclusions from the Section 232 Aluminum and Steel Tariffs,” Thompson Hine International Trade Update, March 2018
- “President Trump Signs Proclamations for Section 232 Tariffs on Aluminum and Steel,” Thompson Hine International Trade Update, March 2018
- “U.S. Department of Commerce Self-Initiates AD/CVD Investigations on Aluminum Sheet From China,” Thompson Hine International Trade Update, November 2017
- “President Trump’s Cuba Policy Is Implemented,” Thompson Hine International Trade Update, November 2017
- “CFIUS Annual Report Reflects Increased National Security Scrutiny of Foreign Acquisitions,” Thompson Hine Business Law Update, Fall 2017
- “U.S. Sanctions on Sudan to Be Removed,” Thompson Hine International Trade Update, October 2017
- “U.S. International Trade Commission Issues Preliminary Recommendations for Miscellaneous Tariff Bill, Will Consider Comments on Certain Rejected Petitions,” International Trade Update, June 2017
- “Status Report – Recent Actions & Key Policymakers in the Renegotiation of the North American Free Trade Agreement,” Thompson Hine International Trade Update, May 2017
- “Trump Administration’s Second Section 232 Investigation in a Week Focuses on National Security Threat of Aluminum Imports,” Thompson Hine International Trade Update, May 2017
- “Trump Administration Initiates Rare Section 232 Investigation Into National Security Implications of Steel Imports,” Thompson Hine International Trade Update, April 2017
- “OFAC Sanctions 271 Employees of Syria’s Scientific Studies and Research Center,” Thompson Hine International Trade Update, April 2017
- “In ‘Unprecedented Action,’ Commerce Applies ‘Particular Market Situation’ Provision of Trade Preferences Extension Act of 2015 in Antidumping Proceeding,” Thompson Hine International Trade Update, April 2017
- “Office of the U.S. Trade Representative Releases President Trump’s Trade Policy Agenda,” Thompson Hine International Trade & Customs Update, March 2017
- “ZTE Pleads Guilty to Illegal Exports to Iran and North Korea,” Thompson Hine International Trade & Customs Update, March 2017
- “Trump Administration Sanctions Iran for Ballistic Missile Tests and Expands List of Medical Devices Requiring License for Export to Iran,” Thompson Hine International Trade & Customs Update, February 7, 2017
- “United States Begins to Lift 20-Year-Old Trade Sanctions Toward Sudan,” Thompson Hine International Trade & Customs Update, January 24, 2017
- “Trump Administration: Key Players in International Trade,” Thompson Hine International Trade & Customs Update, January 17, 2017
- “Looking Back: Trump and Trade,” Thompson Hine International Trade & Customs Update, January 9, 2017
- “ITC Launches New MTB Petition Process,” Thompson Hine International Trade & Customs Update, October 20, 2016
- “U.S. Further Normalizes Trade Relations with Cuba,” Thompson Hine International Trade & Customs Update, October 18, 2016
- “Compliance with U.S. Antiboycott Laws Critical in Foreign Transactions,” Thompson Hine International Trade & Customs Update, October 13, 2016
- “BIS and DDTC Harmonize Destination Control Statements for Use in Export Transactions,” Thompson Hine International Trade & Customs Update, September 19, 2016
- “United States Implements Trade Sanctions on Additional Persons & Entities for Activities in Crimea,” Thompson Hine International Trade & Customs Update, September 8, 2016
- “CBP Publishes Interim Regulations on Investigating Evasion of AD/CVD Orders,” Thompson Hine International Trade & Customs Update, August 29, 2016
- “Long-Awaited Customs Law Strengthens Enforcement of Trade Remedy Orders and Intellectual Property Rights and Introduces Other Significant Changes,” Thompson Hine International Trade & Customs Update, February 29, 2016
- “U.S. Government Provides Additional Cuba Sanctions Relief,” Thompson Hine International Trade & Customs Update, January 29, 2016
- “‘Implementation Day’ Brings Iran Sanctions Relief,” Thompson Hine International Trade & Customs Update, January 2016
- “WTO Expands Scope of Products Under Information Technology Agreement,” Thompson Hine International Trade & Customs Update, December 2015
- “OFAC General License Authorizes Certain Transactions Supporting Exports With Burma,” Thompson Hine International Trade & Customs Update, December 2015
- “Preparations for Implementing Iran Agreement Begin,” Thompson Hine International Trade & Customs Update, October 20, 2015
- “Survey of U.S. Financial Services Providers’ Transactions with Foreign Persons Due November 1, 2015,” Thompson Hine International Trade & Customs Update, October 2015
- “Iran Nuclear Deal Reached but Sanctions Remain in Place,” Thompson Hine International Trade & Customs Update, July 15, 2015
- “Proposed Rule to Control Exports of Cybersecurity Technologies,” Thompson Hine International Trade & Customs Update, May 26, 2015
- “New Export Policy to Govern Military & Commercial Use of U.S. Drones,” Thompson Hine International Trade & Customs Update, February 2015
- “Regulatory Amendments Issued to Ease Cuba Sanctions,” Thompson Hine International Trade & Customs Update, January 22, 2015
- “More U.S. Trade Sanctions & Restrictions Against Ukraine’s Crimea Region,” Thompson Hine International Trade & Customs Update, January 7, 2015
- “Obama Administration Eases Embargo Against Cuba,” Thompson Hine International Trade & Customs Update, December 19, 2014
- “President Signs New Russia Sanctions Bill,” Thompson Hine International Trade & Customs Update, December 18, 2014
- “U.S. Tightens Ukraine-Related Sanctions on Russian Entities,” Thompson Hine International Trade & Customs Update, September 30, 2014
- “U.S. and EU Expand Ukraine-Related Sanctions on Russian Entities,” Thompson Hine International Trade & Customs Update, August 1, 2014
- “Temporary Iran Sanctions Relief Extended to November 2014,” Thompson Hine International Trade & Customs Update, July 25, 2014
- “U.S. Expands Ukraine-Related Sanctions to Russian Financial, Energy & Defense Technology Firms,” Thompson Hine International Trade & Customs Update, July 24, 2014
- “U.S. Expands Ukraine-Related Sanctions and Further Restricts Exports to Russia,” Thompson Hine International Trade & Customs Update, May 2, 2014
- “Proposed TPA Bill Key to Successful U.S. Trade Negotiations,” Thompson Hine International Trade & Customs Update, January 2014
- “Bali High: Customs Treaty First WTO Agreement Since 1995 Founding,” Thompson Hine International Trade & Customs Update, January 2014
Professional Associations
- Corporate member of International Compliance Professionals Association (ICPA)
- Society for International Affairs
Community Activities
- Member of the National Eagle Scout Association
- Chairman, Rules Committee, Virginia Conference of the United Methodist Church
Education
- Georgetown University, M.A., 1996
- University of Virginia, B.A., 1986
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- BIS Enhances Its Enforcement Discretion: Revamps Voluntary Self-Disclosure Process, Abolishes Penalty Caps and Amends Penalty Guidelines,
International Trade Update
, October 7, 2024 - Aid Package for Ukraine, Israel, and the Indo-Pacific Incorporates Extensive Sanctions and Export Control Reforms,
The Global Trade Law Journal
, July 9, 2024 - Business Law Update – July 2024,
Business Law Update Quarterly Newsletter
, July 9, 2024 - Treasury Proposes Rule on U.S. Investments in Certain National Security Technologies and Products in Countries of Concern,
International Trade Update
, July 1, 2024 - OFAC and BIS Significantly Extend Sanctions and Export Control Restrictions Against Russia and Belarus,
International Trade Update
, June 24, 2024 - Biden Administration Releases China Section 301 Four-Year Review Report and Announces Tariff Updates to Counter China’s Unfair Trade Practices,
International Trade Update
, May 15, 2024 - National Defense Authorization Act for Fiscal Year 2024 Adds Significant Trade Provisions,
The Global Trade Law Journal
, May 13, 2024 - BEA’s Foreign Direct Investment Reporting Requirements: A Primer,
International Trade Update
, May 10, 2024 - U.S. Aid Package for Ukraine, Israel and the Indo-Pacific Incorporates Extensive Sanctions and Export Control Reforms,
International Trade Update
, May 8, 2024 - USTR Initiates Section 301 Investigation on China’s Policies in the Maritime, Logistics, and Shipbuilding Sectors,
International Trade Update
, April 23, 2024