Paul T. Luther

Partner

[email protected]

Washington, D.C.

P: +1.202.639.7987
F: +1.202.585.1033
Paul Luther Photo

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 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 various regions and countries, such as Russia, the Middle East, India 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 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 arbitrations regarding land and maritime boundaries.

Mr. Luther speaks Spanish and Portuguese.

Related Experience

Export Controls, Sanctions and Antiboycott

  • Multinational chemical company – advice regarding compliance with U.S. export control, antiboycott and sanctions laws, including sanctions imposed under the CAATS Act; assistance with export licenses in respect to chemical products controlled under the Export Administration Regulations (EAR); defense of enforcement action involving alleged violations of the EAR
  • Multinational chemical manufacturer –  defense of enforcement action involving potential violations of the antiboycott regulations
  • International chemical company – comprehensive compliance assessment regarding U.S. technology controls under the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR); assistance in the development of a Technology Control Program
  • U.S.-based oilfield services company – pre-closing and post-closing due diligence regarding target company’s compliance with the FCPA and U.S. export controls, sanctions and antiboycott laws in connection with the target’s operations in North America, South America, Europe, the Middle East, India and East Asia
  • Multinational oilfield services company – export control, sanctions and antiboycott compliance assessment of company's operations in North America, Europe and the Middle East
  • U.S. aircraft parts supplier – 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 (OFAC)
  • Major media/communications conglomerate – regulatory due diligence review for export-sensitive stock and asset acquisitions
  • Major satellite navigation company – defense of an enforcement action involving alleged violations of the International Traffic in Arms Regulations (ITAR)
  • U.S. supplier of safety equipment – defense of enforcement action involving alleged violations of the EAR, the OFAC sanctions and the Customs Regulations
  • Major U.S. university – assistance in obtaining OFAC licenses authorizing travel-related transactions and other transactions involving embargoed countries
  • Multinational pharmaceuticals company – assistance with 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

CFIUS/FINSA

  • Major U.S. chemical company – represented company in securing CFIUS clearance of the purchase of a U.S. chemical plant by a Kuwaiti company
  • Major U.S. refining company – represented company in obtaining CFIUS clearance of the purchase of U.S. refining facilities by a Chinese-owned company
  • European oil company – represented company in obtaining CFIUS clearance of the acquisition of Canadian oil company's U.S. business
  • Major U.S. mining company – represented company in securing CFIUS clearance of the planned acquisition of U.S. mining interests by an Indian company
  • International aerospace company – represented company in obtaining CFIUS clearance of the acquisition of a U.S.-based aerospace manufacturer; advised company regarding associated ITAR licensing issues and assisted company in obtaining license amendments
  • U.S. aircraft parts manufacturer – represented private equity firm in obtaining CFIUS clearance of the sale of a U.S. aircraft parts manufacturer to a private equity fund
  • Large Europe-based navigation company – represented company in securing CFIUS clearance of its acquisition of a U.S. navigation company

Foreign Corrupt Practices Act

  • Multinational oilfield services company – FCPA compliance assessment of company’s operations in the Middle East and Asia
  • Multinational aircraft parts supplier – due diligence review of the company’s FCPA compliance program in connection with its acquisition by another company
  • U.S. energy companies – preparation of FCPA due diligence materials and counsel on the implementation of FCPA safeguards for joint venture operations in the Middle East and Africa
  • Russian telecommunications company – FCPA due diligence review in connection with planned acquisition of telecommunications company

Customs

  • Major U.S. airline – assistance with the successful admission into the Importer Self-Assessment Program, which included a review of the company’s existing import compliance policies and procedures and advice with respect to a full range of Customs issues, including procedures for (i) classifying thousands of imported aircraft parts and components, (ii) properly valuing imported merchandise and (iii) reviewing and enhancing Foreign Trade Zone compliance procedures
  • Major U.S. apparel company – representation in connection with Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) investigation of textile imports entered into the United States under NAFTA
  • U.S. energy company - counsel regarding the classification under the Harmonized Tariff Schedule of the United States of equipment required for the regasification of LNG; advice regarding the U.S. customs rules relevant to the entry of regasified LNG into the United States
  • U.S. chemical company – defense of company in connection with Drug Enforcement Agency (DEA) investigation of imports and exports of a Schedule 1 chemical; assistance in the development of DEA compliance policies and procedures
  • U.S. and Canadian energy companies – advice with respect to transborder movements of oil and gas, including issues related to NAFTA and the U.S. short supply controls
  • Offshore drilling company – advice with respect to customs duties applicable to repairs performed overseas on U.S.-flagged vessels under 19 U.S.C. 1466; protest of CBP's imposition of duties with respect to work performed abroad

Awards & Community

Recognized by Ethisphere Institute's Attorneys Who Matter, as a "Specialist" in Trade/Export Compliance, 2012 & 2013

News

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Thought Leadership

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Financial Services Provider Settles with OFAC for Apparent U.S. Sanctions Violations Associated with Processing for Online Payments

Client Updates

On July 23, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) announced the entry into a $1,400,301.40 settlement with Payoneer, Inc. (“Payoneer”), a global provider of online payment distribution solutions headquartered in New York, for over 2,200 apparent violations of multiple U.S. sanctions programs.

Lack of Familiarity with US Sanctions Results in Steel Manufacturer Settling with OFAC for Apparent Violations

Client Updates

On April 19, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) announced the entry into a $435,003 settlement with Alliance Steel, Inc. (“Alliance”), a fully integrated manufacturer of metal building systems, structural steel, and components headquartered in Oklahoma City, Oklahoma, for 61 apparent violations of the Iranian Transactions and Sanctions Regulations (“ITSR”), mainly resulting from the Company’s lack of understanding as to the application of U.S. sanctions laws to its isolated international activity.

U.S. Customs Expands Enforcement Against Forced Labor Imports with Seizure of Malaysian PPE

Client Updates

On March 29, U.S. Customs and Border Protection (“CBP”) announced that it will begin seizing imports of certain disposable gloves manufactured by Top Glove Corp. Bhd. (“Top Glove”), the world’s leading producer of disposable rubber gloves based in Malaysia, upon determining that sufficient evidence exists to support a finding that Top Glove is manufacturing the products with the use of convict, forced, or indentured labor.1

Incorrect Export Licensing Determinations Result in Wireless Telecommunications Equipment Manufacturer Settling with BIS for Apparent Export Control Violations

Client Updates

On March 19, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) announced the entry into a $122,000 settlement with Comtech XiCom Technology, Inc. (“Comtech XiCom”), a leading supplier of high power amplifiers for satellite communications based in Santa Clara, CA, for three apparent violations of the Export Administration Regulations (“EAR”), caused by Comtech XiCom’s mistaken belief that certain exports could be made without BIS license or authorization.

 

Failure to Address "Red Flags" Results in U.S. Manufacturer Settling with OFAC for Apparent U.S. Sanctions Violations

Client Updates

On March 16, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) announced the entry into a $216,464 settlement with UniControl, Inc. (“UniControl”), a process controls and instrumentation manufacturer headquartered in Cleveland, Ohio, for 21 apparent violations of the Iranian Transactions and Sanctions Regulations (“ITSR”), mostly resulting from UniControl’s failure to address several warning signs that shipments may be intended specifically for supply, transshipment, or reexport to Iran.(1)