Overview

Scott is a senior policy advisor in the International Trade practice group. He has extensive experience with the legislative and regulatory processes involved in international trade, export controls, economic sanctions, corporate anti-boycott and antibribery compliance, national security investigations, and foreign direct investment in the United States.

Scott has addressed trade issues covering a wide range of industries, including satellite services, aerospace, chemical manufacturers, defense manufacturers, fiber optic and photonic technology, mechanical and fatigue test system services, telecommunications providers, energy producers, maritime shipping lines, express air delivery services, marine insurers, U.S. and non-U.S. passenger air carriers, and offshore rig and supply companies.

Experience
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 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 classification and valuation.
  • Assists clients in Customs and Border Protection (CBP) import enforcement actions and drafting voluntary disclosures.
  • Advice 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.
Publications

The following is a sampling of Scott’s publications. Please visit our blog, ThompsonHineSmarTrade.com, for the latest trade-related news and policy developments.

Professional and Civic

Professional Associations

  • American Bar Association, International Law Section, associate member
  • 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
NewsEvents