James A. Losey

Practices

• International Trade & Customs
• Corporate Transactions & Securities
• International

Professional Experience

Jim is a partner in the firm's International Trade & Customs practice group and a member of the firm's International Committee. He focuses his practice on:
(a) U.S. export controls and economic sanctions;
(b) the antibribery and corrupt practices laws of the U.S. and other countries;
(c) other U.S. laws and regulations with extra-territorial reach; and
(d) international law and policy.

In the export controls/economic sanctions practice area, Jim has advised a broad array of clients on transactional, compliance, and enforcement matters related to export controls, restrictions, embargoes and antiboycott regulations under, e.g., the International Emergency Economic Powers Act, the Trading with the Enemy Act, the Iran Sanctions Act, and the International Trade in Arms Regulations (ITAR). His work in this area includes: advising clients on ongoing compliance issues, conducting and/or assisting clients on international investigations and voluntary disclosures, representing clients on government enforcement actions and settlement negotiations, and/or assisting clients in developing or upgrading compliance programs and advising clients on trade-related due diligence.

Jim has advised and represented numerous clients on the Foreign Corrupt Practices Act (FCPA), the UK Bribery Act and the antibribery / corrupt practices laws of other countries. His work in this area includes: developing and implementing corporate compliance programs, conducting training for employers and managers, advising clients on specific legal issues, drafting appropriate compliance provisions for clients' distributors, agents, other third parties, etc., conducting due diligence for acquirers and targets on potential exposure under FCPA and other antibribery laws, assisting clients on internal investigations and voluntary disclosures, and representing clients in government enforcement actions and settlement negotiations.

Jim has extensive experience in assisting clients on other key U.S. laws that have international implications, such as U.S. antiboycott laws and the SEC's conflict minerals regulation. He assists in establishing and implementing compliance programs, training company personnel, responding to Government inquiries and drafting required reports.

With respect to international law and policy, Jim has significant experience in advancing client interests in multilateral decision-making processes of international treaties and international organizations, and in shaping national laws and regulations implementing countries' obligations resulting from such processes. He has represented clients in international negotiations under the Montreal Protocol on ozone-depleting substances, the Kyoto Protocol on global climate change and the Biosafety Protocol to the Biodiversity Convention, among others. Jim also has advised clients on important matters concerning numerous other international agreements in areas as diverse as telecommunications and controlled substances.

He is admitted to practice in the District of Columbia.

Education

• Stanford Law School, J.D., 1990
• Princeton University, M.P.A., 1979
• Oberlin College, B.A., 1975

• Export Control And Economic Sanctions:
• Advises numerous companies on ongoing compliance issues related to U.S. trade embargoes of Iran, Cuba, Syria, Sudan, North Korea, Libya and Myanmar.
• Assists in drafting and implementing compliance programs that are individually tailored to each company’s technology, markets and corporate structure.
• Conducts training programs for companies’ personnel with respect to U.S. laws, and each company’s corporate policy, concerning export controls, economic sanctions and antiboycott laws.
• Advises on ECCN classification, in particular where technical issues, such as encryption, are involved.
• Conducts company-wide internal reviews of possible export control violations, advising on the pros and cons of voluntary disclosure and, assisting in disclosure when warranted.
• Represents clients in settlement negotiations with the Department of Commerce, Bureau of Industry and Security (BIS) and Department of Treasury, Office of Foreign Assets Control (OFAC).
• Advises on U.S. antiboycott regulations, assisting in reporting boycott requests and advising on possible violations.
• Advises on the State Department’s International Trade in Arms Regulations (ITAR), assisting in meeting ITAR notification and reporting requirements, and representing companies in negotiations concerning possible violations.
• Assists clients in acquisitions, IPOs, and other transactions by conducting due diligence of potential exposure due to possible violations of U.S. export controls, economic sanctions and antiboycott regulations.
  
  
• FCPA and Other Antibribery Laws:
• Advises companies on wide array of issues concerning FCPA, the UK Bribery Act, and other antibribery laws - ranging from gifts, travel, facilitating payments, third party agents, joint ventures, etc.
• Drafts and/or updates company FCPA/antibribery compliance policies.
• Drafts FCPA/antibribery contract provisions in distributor and agent agreements.
• Conducts company training for managers and employees.
• Performs due diligence on FCPA/antibribery risks in corporate transactions
• Participated and co-lead a major internal investigation of company in the oil services sector; advised company on voluntary disclosure and settlement.
  
  
• Other U.S. Laws with International Implications
• Drafts company policies for compliance with conflict minerals regulations.
• Assists companies in responding to customer requests regarding use of conflict minerals, and assessing sourcing and use of conflict minerals by companies’ suppliers.
• Advises companies on the need for reporting under U.S. antiboycott laws and assists in drafting reports.
  
  
• International Law And Policy:
• Advised a Fortune100 technology company on complex issues related to the Montreal Protocol and Kyoto Protocol.
• Represented a major pharmaceutical company with respect to the essential use medical exemption in the Montreal Protocol.
• Assisted a start-up company in shaping the proposed offset provisions in the draft U.S. climate change legislation.
• Assisted a major telecommunications company on international treaty issues related to the privatization of INMARSAT.

• United States Steps Up Its Targeting of Non-U.S. Companies Doing Business With Iran · Thompson Hine International Trade & Customs, January 16, 2013
• Long-Awaited FCPA Guidance Released · Thompson Hine International Trade & Customs, November 19, 2012
• Non-U.S. Affiliates Now Prohibited From Doing Business With Iran · Thompson Hine International Trade & Customs, October 15, 2012
• New SEC Disclosure Requirements for Use of “Conflict Minerals” and for Government Payments · Thompson Hine International Trade & Customs, August 28, 2012
• Treasury Adds Iraq to List of Boycotting Countries · Thompson Hine International Trade & Customs, August 22, 2012
• New Iran Sanctions May Expose U.S. Companies to Liability for Foreign Subsidiary Transactions · Thompson Hine International Trade & Customs Update, August 16, 2012
• United States Suspends Certain Sanctions Against Myanmar · Thompson Hine International Trade & Customs, May 24, 2012
• US/UK Treaty Reduces ITAR Requirements for Defense-Related US-UK Transactions · Thompson Hine International Trade & Customs Update, April 23, 2012
• U.S. Eases Sanctions Against Libya · Thompson Hine International Trade and Customs Update, September 21, 2011
• Obama Administration Proposes Overhaul of Export Licensing Regime · Thompson Hine International Trade & Customs Update, July 26, 2011
• Libyan Sanctions Regulations · Thompson Hine International Trade & Customs Update, July 14, 2011
• Bribes Paid by Foreign Sales Representative Lead to FCPA Conviction · Antitrust, Competition and Distribution Update, May 23, 2011
• United States Expands Economic Sanctions Against Syria · Thompson Hine International Trade & Customs Update, May 4, 2011
• Guidance Issued for UK Bribery Act: Act Will Take Effect July 2011 and Could Reach U.S. Companies · Thompson Hine International Trade & Customs Update, April 6, 2011
• Sanctions Against Libya Will Affect U.S. Companies · Thompson Hine International Trade & Customs Update, March 3, 2011
• USCIS Imposes New Requirements on Form I-129 Application · Thompson Hine International Trade & Customs Update, February 16, 2011
• EU Issues Stringent New Sanctions Against Iran · International Trade & Customs Update, November 15, 2010
• OFAC Issues Iran Financial Sanctions Regulations - Final Rule Implements New Statutory Requirements for U.S. Financial Institutions Concerning Iranian Transactions by Non-U.S. Financial Institutions · Thompson Hine International Trade & Customs Update, September 1, 2010

• "The Intersection of Transportation and Trade Compliance: U.S. Export Controls and Economic Sanctions", National Industrial Transportation League Annual Meeting, November 2011
• "Export Controls and Economic Sanctions: How Best to Manage Your Company's Risks", Association of Corporate Counsel, Northeast Ohio Chapter, October 2011
• "Export Control Laws and Legal Pitfalls"; Export Law 101, North Carolina Bar Association, June 2011

• Recipient, Gold Medal for Exceptional Service, U.S. Environmental Protection Agency, 1987, for his role as a member of the U.S. delegation to the international negotiations of the Montreal Protocol.
• Selected for inclusion in The Best Lawyers in America, 2013