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Cloud Computing: BIS Reinforces the Export Control Insulation for Cloud Computing Services

Speaker(s): Thomas M. deButts
Recorded on: Feb. 20, 2015
PLI Program #: 133902

Thomas deButts' practice is concentrated in assisting domestic and foreign firms negotiate the complex web of U.S. international trade controls. His practice focuses primarily on the following regulatory regimes:

  • Export Administration Regulations (EAR) administered by the U.S. Department of Commerce, Bureau of Industry and Security (BIS);
  • International Traffic in Arms Regulations (ITAR) administered by the U.S. Department of State, Directorate of Defense Trade Controls (DDTC); and
  • Economic sanctions regulations administered by the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC).

Mr. deButts also counsels firms on compliance with the Foreign Corrupt Practices Act (FCPA), U.S. Department of Energy Part 810 export regulations, Nuclear Regulatory Commission (NRC) export regulations, Antiboycott Regulations (included in the EAR) and the regulations of the U.S. Treasury Department’s Committee on Foreign Investment in the United States (CFIUS).

Mr. deButts’ extensive experience includes compliance reviews and internal investigations for possible violations of U.S. export control and sanctions regulations; voluntary disclosure of such violations; obtaining export and reexport authorization for all types of commodities, software and technology, including encryption technology and software; preparing and implementing export compliance programs and export management systems; obtaining export control classification determinations, commodity jurisdiction determinations, and reversal of export classification decisions by U.S. government agencies; obtaining authority for transactions with embargoed countries; export control due diligence reviews for potential corporate acquisitions; representation of companies in administrative enforcement proceedings before BIS, DDTC, OFAC and the Department of Homeland Security (DHS), Customs and Border Protection (CBP); notifications to CFIUS of proposed acquisitions of strategic U.S. entities and negotiations with relevant agencies to secure approval.

Mr. deButts currently serves as an Independent Compliance Monitor in connection with a Deferred Prosecution Agreement between a U.S. company and the United States involving EAR violations.

Mr. deButts is a featured presenter on export enforcement issues at the Export Compliance Training Institute seminars on U.S. Commercial Export Controls & Embargoes. He was a featured presenter at the American Conference Institute’s Advanced Summit on Complying with Global Encryption Controls and at the Practising Law Institute's program entitled "Coping with U.S. Export Controls." Mr. deButts currently serves as a Director of the Swedish American Chamber of Commerce of Washington, DC.

Mr. deButts served in BIS from 1984 to 1989 where he was Director of the Exporter Assistance Staff.

American Bar Association, Section of International Law, Export Controls & Economic Sanctions Committee
Society for International Affairs
Swedish American Chamber of Commerce of Washington, DC