Concentration

Trade compliance and enforcement defense; export controls; sanctions; antiboycott; foreign direct investment (CFIUS); FCPA; customs; antidumping; international litigation and arbitration

Summary

Paul Luther’s practice focuses on trade compliance and enforcement defense. He has extensive experience with respect to all aspects of U.S. export controls and economic sanctions, the U.S. Antiboycott Regulations, the U.S. Foreign Corrupt Practices Act, CFIUS reviews and investigations and U.S. customs issues.

Mr. Luther has successfully represented clients in the telecommunications, chemical, defense, petroleum, avionics, satellite, computer, software and pharmaceuticals industries in securing government authorization to export or re-export highly regulated products and technologies to sensitive regions and countries, such as the former Soviet Union, the Middle East and China. He also regularly advises clients as to whether specific transactions, business structures and overseas ventures are consistent with applicable U.S. legal regimes.

Mr. Luther has worked extensively with clients to develop, upgrade and implement compliance programs and has successfully represented clients facing enforcement actions brought by the Departments of Justice, Commerce, State, Treasury and Homeland Security.

Mr. Luther has significant experience in public international law and international litigation. He has advised governments and private parties on boundary and maritime delimitation disputes and the effect of such disputes upon the rights of private parties seeking to develop natural resources in disputed regions. He has provided representation to sovereign states in successful arbitrations regarding land and maritime boundaries.

Mr. Luther speaks Spanish and Portuguese.

Representative Engagements

• U.S. aircraft parts supplier – conducted due diligence review of company’s compliance with the U.S. International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR) and the sanctions administered by the Office of Foreign Assets Control
• Multinational chemical manufacturer – successful defense of enforcement actions involving alleged violations of the Export Administration Regulations (EAR)
• Major satellite navigation company – successful defense of an enforcement action involving alleged violations of the International Traffic in Arms Regulations (ITAR)
• Major U.S. university – assistance in obtaining OFAC licenses authorizing travel-related transactions and other transactions involving embargoed countries
• Multinational pharmaceuticals company – assistance in obtaining licenses from the Treasury Department (OFAC) to sell medicines to Iran and Sudan under the TSRA program
• Multinational U.S. energy company – development of a compliance and training program addressing U.S. antiboycott regulations
• Major media/communications conglomerate – regulatory due diligence review for export-sensitive stock and asset acquisitions
• U.S. energy company – FCPA due diligence with respect to potential overseas partners and advice regarding the implementation of FCPA safeguards
• Major U.S. airline – representation in successful admission to the Importer Self-Assessment (ISA) Program
• Large offshore drilling company – representation in protest of import duties imposed by U.S. Customs and Border Protection
• Major U.S. energy company – successful representation in connection with CFIUS review of foreign acquisition of U.S. energy assets

Publications, Speeches and Presentations

• “U.S. Antiboycott Compliance in Practice,” Global Trade Compliance (As You’ve Never Seen It Before), The Center for American and International Law, Plano, Texas, May 2010
• “Antiboycott Compliance in the Real World,” Ernst & Young Trade Compliance Roundtable, Houston, Texas, February 2010
• “The U.S. International Traffic in Arms Regulations From a Small-Business Perspective,” Armed Forces Communications and Electronics Association International (AFCEA), Fairfax, Virginia, April 2008
• “Economic Sanctions and Embargoes,” International Corporate Compliance, Center for American and International Law, Washington, D.C., February 2008
• “The U.S. International Traffic in Arms Regulations,” Les regles d’or pour acceder aux principaux donneurs d’ordre americains en defense et securite, Foreign Affairs and International Trade Canada and Canada Economic Development, Montreal, February 2008
• “Protecting Your Company/Client: Export Control Compliance Systems,” Coping With U.S. Export Controls, Practising Law Institute, Washington, D.C., December 2005, 2006, 2007, 2008 and 2009