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Coping with U.S. Export Controls and Sanctions 2020


Speaker(s): Adam M. Smith, Andrew Weinschenk, Bradley T. Smith, Brian Rissing, Cecile Abadie, Christopher R. Wall, David Mortlock, Eileen M. Albanese, Jay I. Bratt, John D. Sonderman, John W. Boscariol, Jonathan Thomas, José Martinez-Soto, Kay C. Georgi, Kevin J. Wolf, Lawrence Scheinert, Lisa Palluconi, Matthew S. Borman, Meredith Rathbone, Neena Shenai, Peter L. Flanagan, Peter Lichtenbaum, Richard Ashooh, Sarah J. Heidema, Sarah O'Hare O'Neal, Stephan Müller
Recorded on: Dec. 10, 2020
PLI Program #: 302284

Rich Ashooh is the Vice President of Global Government Affairs for Lam Research Corporation, a world leader in the development of advanced semiconductor production equipment. Prior to this, he served as the U.S. Assistant Secretary of Commerce for Export Administration until July 2020.  In this role, he was responsible for the U.S. dual-use export control policy, as well as the management of the Department of Commerce’s national security, nonproliferation, foreign policy, and strategic industrial resource functions within the Bureau of Industry and Security.

As Assistant Secretary, Rich served as the Department’s representative to the Committee on Foreign Investment in the United States or CFIUS, including the negotiations on the legislation modernizing CFIUS known as the Foreign Investment Risk Review and Modernization Act (FIRRMA), which significantly enhanced the U.S. Government’s ability to deal with evolving threats.

Rich also led the Department’s efforts to modernize the dual use export control system through the Export Control Reform Act of 2018 or ECRA. This effort resulted in the permanent authorization of the export control system, in addition to providing important new tools to enhance U.S. national security and law enforcement through export controls.

For much of his career, Rich was a senior executive in the defense industry, with Lockheed and BAE Systems. During this time, Rich contributed to the growth of that business from an $800 million company to a nearly $5 billion enterprise and the world leader in electronic warfare.

Rich’s professional career began in the US Senate, serving for several years as a Professional Staff Member on the US Senate Committee on Governmental Affairs where his primary focus was on federal procurement policies.

Rich was born in Manchester, New Hampshire and is a graduate of the University of New Hampshire.  He and his wife Lori have five children. 


Adam M. Smith is a Chambers and Partners ranked partner at Gibson, Dunn and Crutcher in Washington, D.C. where he focuses on international trade, sanctions, and export controls.  From 2010-2015 Adam served as the senior advisor in the Obama Administration in the Treasury Department’s sanctions unit (OFAC) and as Director of Multilateral Affairs on the National Security Council.  Since joining Gibson Dunn Adam has worked with major financial institutions, manufacturers, and service providers in navigating the growing complexities in international trade regulation and enforcement.

Adam is the author of three legal textbooks – including the recently-published, first-ever desktop treatise on economic sanctions (U.S., E.U., and U.N. Sanctions – Navigating the Divide for International Business [Bloomberg BNA, 2019]) – has testified before the U.S. Congress, and is a frequent commentator in the media and presenter at industry and academic conferences globally. 

Earlier in his career, Adam clerked for the U.S. Court of Appeals for the Armed Forces, was a political economist at the UN and also held posts at the World Bank and the OECD.  Adam earned his law degree from Harvard, his master’s degree from Oxford, and his bachelor’s degree from Brown.


Andrew Weinschenk is the Acting Deputy Assistant Secretary of State for Counter Threat Finance and Sanctions. In this capacity, Mr. Weinschenk leads the Office of Economic Sanctions Policy and Implementation and the Office of Threat Finance Countermeasures.

Previously, he had served as the Director of the Office of Threat Finance Countermeasures, the Deputy Director of the Office of Terrorist Finance and Economic Sanctions Policy, and Executive Assistant and Senior Adviser to several Assistant Secretaries of State for Economic and Business Affairs. He was a Brookings Institution Legislative Fellow on the staff of the Senate Homeland Security and Governmental Affairs Committee in 2004 and a Senior Adviser for International Technology Policy in the Office of the Vice President of the United States in 1999. He joined the State Department in 1996 as a Presidential Management Fellow and originally served in the Office of International Communications and Information Policy.

Mr. Weinschenk is a career member of the State Department’s civil service. He is a graduate of the National War College (M.S.), Johns Hopkins University School of Advanced International Studies (M.A.), and Brown University (A.B.). He also is a Certified Anti-Money Laundering Specialist (CAMS).


Brad Smith has been the Deputy Director of the Office of Foreign Assets Control at the U.S. Department of the Treasury since November 2018 and previously served for five years as that office’s Chief Counsel. 

He received his B.A. with high honors from Michigan State University and his J.D. with high honors from the University of Chicago Law School, where he was an editor of The University of Chicago Law Review and graduated Order of the Coif.  Following law school, he clerked for the Honorable David M. Ebel on the U.S. Court of Appeals for the Tenth Circuit.  

After his clerkship, Brad became an associate at Covington & Burling LLP, before joining the Department of Justice’s Office of Legal Counsel.  He subsequently served as Senior Counsel to the Deputy Attorney General, with a portfolio that focused heavily on national security issues.  Immediately before joining Treasury, Brad was a Deputy Legal Adviser to the National Security Council at the White House.


Brian Rissing is a Compliance Specialist in the Office of Compliance, Directorate of Defense Trade Controls (DDTC) at the U.S. Department of State. The Office of Compliance is responsible for defense industry compliance with the federal laws and regulations governing the export of defense articles, technical data and related defense services through commercial channels. The office works closely with the Departments of Justice and Homeland Security on a host of compliance and enforcement activity.  Brian has been with the office since January of 2017.

Mr. Rissing is originally from Augusta, Georgia, and graduated from Bowdoin College, in Brunswick, Maine, with a B.A. History and Biology. He is also a graduate of Louisville Presbyterian Theological Seminary with a M.Div. and the College of Law at Georgia State University in Atlanta, Georgia. Previously, he worked at a large multinational law firm in Washington, DC. In more normal times, he can be found playing Ultimate in the local DC area on most weekends.  He is an avid reader and chess player.


Christopher Wall is the senior international trade partner at Pillsbury Winthrop Shaw Pittman LLP, where his practice focuses on technology transfer regulation, foreign investment, international trade, and compliance.

Mr. Wall advises and represents clients on export controls (commercial and defense); economic sanctions and embargoes; national security reviews; anti-boycott issues; the Foreign Corrupt Practices Act (counseling and investigations); import relief proceedings; Court of International Trade appeals; complex Customs matters; bilateral investment treaties; NAFTA and WTO dispute resolution; and other trade policy and legislative matters.  He has been ranked by Chambers (Tier 1 National) and Chambers Global (Band 1) in two International Trade practice areas: Export Controls and Economic Sanctions, and CFIUS.

Mr. Wall served as Assistant Secretary of Commerce for Export Administration during 2008 – 2009.  He works with the Departments of Commerce, State, Defense, Treasury and Homeland Security, the Committee on Foreign Investment in the U.S., the U.S. International Trade Commission, and the Office of the U.S. Trade Representative.

Mr. Wall is a member of the American Bar Association and has held a number of positions, including Chair of the Special Advisory Committee on International Activities, Vice Chair of the Section of International Law and Practice, and Co-Chair of the International Litigation Committee of the Section of Litigation.  He has served as a member of the Advisory Board of the Central and East European Law Initiative and has organized and given presentations at numerous ABA meetings.  He chaired the Swedish-American Chamber of Commerce, Washington, D.C. for five years.  He has also served on the Board of Directors of the Swedish-American Chamber of Commerce USA, Inc. and has chaired the Trade and Investment Advisory Committee of the British American Business Council.

Mr. Wall currently serves on the Board of Directors of the U.S. Council for International Business.  He is a frequent lecturer at both domestic and international conferences.  He serves as parish counsel to St. John's Church, Lafayette Square.  Mr. Wall served as a member of the Committee on Homeland Security and Export Controls of the National Research Council, National Academy of Sciences, and he is a member of the Council on Foreign Relations.

Mr. Wall received undergraduate degrees from Yale University and Oxford University and his J.D. from the University of Virginia Law School.  He is a member of the bars of the District of Columbia and New York, as well as the Court of Appeals for the Federal Circuit.


David Mortlock is Chair of Willkie Farr and Gallagher LLP’s Global Trade & Investment Group in Washington. He advises clients on international trade and government regulation of cross-border transactions, and compliance with U.S. regulations based on foreign policy and national security.

David helps clients pursue their business goals in compliance with national security-based regulation, including:

  • Compliance with U.S. sanctions, export controls, anti-money laundering regulations, and CFIUS reviews;
  • Development of compliance programs;
  • Due diligence for compliance by investment targets, vendors, and other partners;
  • License requests with the Departments of the Treasury, Commerce and State; Internal investigations for potential violations of statutes and regulations;
  • Self-disclosures of apparent violations to enforcement agencies; and
  • Criminal and civil enforcement actions.

Prior Experience: David is formerly the Director for International Economic Affairs at the White House National Security Council, in which capacity he advised the President and his National Security Advisor on sanctions, corruption and other international finance and trade issues. He helped lead the interagency process to develop and implement sanctions on Russia as well as changes of sanctions for Iran, Cuba, Syria and Burma. He also developed and coordinated implementation of the U.S. international anticorruption strategy. David also worked at the U.S. Department of State, where he focused on sanctions policy as Deputy Coordinator for Sanctions Policy; Special Assistant to the Under Secretary for Economic Growth, Energy and the Environment; and Attorney-Advisor for Sanctions and Terror Finance. In these roles, he oversaw the creation and implementation of sanctions for Iran, Burma, North Korea and Syria; oversaw economic policy for the Middle East and North Africa; and provided legal guidance for the terrorism finance program.

Prior to his tenure at the State Department, David was an attorney at a large international law firm. David clerked for the Honorable Martha Craig Daughtrey of the U.S. Court of Appeals for the Sixth Circuit.


Eileen Albanese is the Director of the Office of National Security and Technology Transfer Controls (NSTIC). NSTTC is responsible within the Bureau of Industry and Security for issues related to national security export and reexport controls. It implements export controls to comply with the Wassenaar Arrangement for conventional arms and dual-use goods and technologies. It is also responsible for U.S. export control policy for encryption, thermal imaging equipment, satellites and semiconducting manufacturing equipment. This office is responsible for policy actions, export licenses, commodity classifications, license determinations, and advisory opinions for affected commodities and is the focal point for commodity jurisdiction assessments.

Previously, Ms. Albanese served as the Director of the Office of Exporter Services (OExS). OExS isresponsible for outreach to the business community. It is also responsible for writing and explaining the Export Administration Regulations and administering BIS's export management and compliance programs.

Ms. Albanese has been awarded the Department of Commerce’s Silver Medal on two occasions.  She was cited for her work in expanding trade with the People's Republic of China and for interagency work in fostering cooperation enforcing nonproliferation goals. In 2013, she received the Commander’s Award for Public Service from the Department of the Army.

She entered the Department of Commerce in 1976 to work in the International Trade Administration on the Tokyo Round of the Multilateral Trade Negotiations. She also worked in Commerce's Export Enforcement. She holds a B.A. in International Affairs from the George Washington University.


Jay Bratt is the Chief of the Counterintelligence and Export Control Section (CES) of the National Security Division, where he oversees all of CES’ operations.  Mr. Bratt is also CES’ Principal Deputy Chief, and he was previously CES’ Deputy Chief for Export Control and Sanctions, with responsibility for reviewing and approving all export control and sanctions prosecutions the Department of Justice brought.  He previously served as the Deputy Chief of the National Security Section in the United States Attorney’s Office for the District of Columbia. At the U. S. Attorney’s Office, he prosecuted a wide variety of Espionage Act, export enforcement, and counterterrorism matters. Mr. Bratt has also served as the National Security Counselor to the Director of Immigration and Customs Enforcement, Deputy Director of the Guantanamo Review Task Force, and Chief of the Litigation Section in the Office of Intelligence at the Department of Justice, where he oversaw requests for the use of information obtained through the Foreign Intelligence Surveillance Act in connection with judicial and other proceedings. Before that, Mr. Bratt had many years of experience as a line prosecutor in the U.S. Attorney’s Office for the District of Columbia and within the Department of Justice.  Mr. Bratt is a graduate of Harvard Law School and Brandeis University.


John Boscariol is a Partner in the Litigation Group at McCarthy Tétrault LLP and leader of the International Trade & Investment Law Group.  John specializes in investigations, enforcement, disputes and compliance regarding economic sanctions, anti-corruption law and policy, export and technology transfer controls, blocking orders (Cuba), government contracts, national security, anti-dumping/countervail/safeguard, customs, tariffs and border measures.

He has developed a recognized expertise in advising on the intersection of Canadian economic sanctions and anti-corruption measures with those of the United States, European Union and other jurisdictions. He speaks and writes extensively on these topics at both the national and international level.

John is recognized by Who’s Who Legal as one of only four Most Highly Regarded Lawyers – Investigations (Canada) for his “outstanding knowledge of anti-corruption matters”. Recently, he was named by Expert Guide’s Best of the Best (Global) as one of the world’s top 30 international trade attorneys and by Best Lawyers as the 2019 International Trade and Finance Law “Lawyer of the Year” in Toronto. Martindale-Hubbell rates John as “AV Preeminent”, their “highest level of professional excellence” and Chambers Global ranks him in Band 1 for WTO/International Trade.


John Sonderman is the Director of the Office of Export Enforcement (OEE).  In that role, he is the senior career law enforcement official within the Bureau of Industry and Security.  He is responsible for National Security and the promotion of foreign policy objectives.  His law enforcement program is focused on three core areas:  Stopping the proliferation of Weapons of Mass Destruction and missile delivery systems, diversion of Commerce goods to terrorists or state sponsors of terror, and preventing commodities from being used for unauthorized military end-use.   

Mr. Sonderman has been with BIS since 1997, prior to being appointed Director, he served as Deputy Director, Assistant Director and in other law enforcement positions.  Prior to joining BIS, he worked for the Office of Defense Trade Controls at the U.S. Department of State.

Mr. Sonderman holds a Bachelor's and Master's degree from the American University in Washington, D.C. Mr. Sonderman was appointed to the Senior Executive Service in 2011.


Jonathan Thomas is a Managing Director and the Global Head of the Sanctions Group within Goldman Sachs.

Jonathan joined Goldman Sachs in 2012, and has since overseen the development and maintenance of the firm’s sanctions compliance program, advised all GS business lines on matters related to existing and new sanctions obligations, and managed the firm’s engagement with the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), HM Treasury’s Office of Financial Sanctions Implementation, and other sanctions authorities.

Prior to joining the firm, Jonathan worked at OFAC for five years, where he served as the agency’s chief of financial sector enforcement. Prior to that, Jonathan was elected to the Maine House of Representatives, where he served two terms as a state representative between 2000 and 2004.

Jonathan earned a BA in International Relations from the University of Maine in 2001 and a master’s degree from the Fletcher School of Law & Diplomacy at Tufts University in 2006.


Jose Martinez-Soto is Managing Counsel Trade Controls at Shell advising on trade controls and sanctions issues.

Jose is a Law graduate from the University Complutense of Madrid and has a LLM from the University of London in International Business Law. He is admitted as a Solicitor in England and Wales and an Attorney (Abogado) in Spain.

Jose’s professional career has spanned between the public and the private sector, working in the UK Government Legal Service for over 18 years. During the last 6 years in Government, he specialized on UK and EU Export Controls and Sanctions laws and advised on the negotiation and implementation in the UK of EU trade controls and sanctions.

Jose joined Shell in January 2016 as a Senior Legal Counsel in Trade Controls where he currently works as Managing Counsel managing a team of 5 lawyers based in Houston, London and The Hague respectively.


Kevin J. Wolf is a partner in Akin Gump Strauss Hauer & Feld LLP’s international trade practice and based in Washington, D.C. His experience encompasses the laws, regulations and policies pertaining to the export, reexport and transfer of military, dual-use and other commodities, technologies, software and services.

Prior to joining Akin Gump, Kevin served for seven years (2010-2017) as Assistant Secretary of Commerce for Export Administration in the Bureau of Industry and Security (BIS) at the Department of Commerce. In this role, his primary responsibility was leading the administration of the export control and licensing functions of BIS. He was also a Commerce Department representative to the Committee on Foreign Investment in the United States (CFIUS).

Kevin is recognized by Chambers USA and Chambers Global as a leading export controls and economic sanctions lawyer. In 2019, The National Law Journal named Kevin to its inaugural list of Technology Trailblazers. He was named Export Control Practitioner of the Year in the 2017 WorldECR Awards. Kevin has a three-minute, a 30-minute, a three-hour and a three-day version of every export control topic.


Lawrence Scheinert is the Associate Director for Compliance and Enforcement at the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC).  In this role, he oversees OFAC’s enforcement, compliance, and private sector outreach programs.  Mr. Scheinert previously served as a Senior Advisor to the Treasury Department’s Under Secretary for Terrorism and Financial Intelligence, and before that as the Director of the Office of Special Measures at the U.S. Financial Crimes Enforcement Network.  Mr. Scheinert also previously worked as a corporate and securities associate at the international law firm of White & Case LLP.  Mr. Scheinert has a degree in finance from Lehigh University, a law degree from University of Florida, and an LL.M. in Securities and Financial Regulation from Georgetown Law.


Lisa M. Palluconi is Associate Director, Sanctions Policy & Implementation (SPI) at the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury.  OFAC is responsible for administering over 20 sanctions programs, including sanctions on Iran, North Korea, and Russia.  As Associate Director for SPI, Lisa overseas OFAC’s Licensing, Policy, and Regulatory Affairs Divisions. 

Lisa joined the Treasury in 2012, as an attorney-advisor in the Office of the Chief Counsel, Foreign Assets Control, where she helped design and negotiate the Iran nuclear deal, known as the Joint Comprehensive Plan of Action (or “JCPOA”).  Lisa then served as Director for Iran Nuclear Implementation at the National Security Council (NSC), coordinating U.S. implementation of the deal.  Following her time at the NSC, Lisa was a Senior Sanctions Advisor at OFAC, coordinating OFAC’s Iran and Venezuela sanctions programs.  Prior to joining the Treasury, Lisa spent over a decade in the private sector, including as in-house counsel to IBM and as an associate at the law firm of Akin Gump Strauss Hauer & Feld.  She holds a B.A from the University of Tulsa, an MPA from Harvard’s Kennedy School of Government, and a J.D. from Harvard Law School.  Lisa is a Harry S. Truman Congressional Scholar.


Meredith Rathbone counsels clients on compliance with US export controls and economic sanctions laws and United Nations sanctions and arms embargoes, as well as defense before relevant U.S. government authorities and United Nationals sanctions panels.

Her experience includes assisting clients in resolving politically sensitive matters under the joint administration of various government agencies including navigating the requirements of the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR) and US sanctions laws and regulations administered by the U.S. Departments of Commerce, State, and Treasury.

Meredith is experienced in supporting clients with internal investigations, voluntary disclosures and subpoena responses, export and technology transfer authorizations, undertaking product classification and jurisdiction assessments, and establishing compliance programs. Meredith regularly advises companies on export controls and sanctions considerations in the context of mergers and acquisitions. She has represented individuals and companies facing civil and criminal investigations in this area, and clients seeking to be removed from OFAC's SDN list through the delisting process. 

Meredith currently serves on the US Department of State's Advisory Committee on International Economic Policy, Sanctions Subcommittee.

 


Neena Shenai is principal global trade counsel at Medtronic where she leads the company’s global trade legal team. She is also a Visiting Scholar at the American Enterprise Institute where she is working on a joint, bipartisan project on “Reconceptualizing Globalization” with the Brookings Institution. Shenai formerly served as trade counsel for the Committee on Ways and Means in the US House of Representatives where she advised on global market access, services, investment, and sanctions issues. She was involved in the passage of the 2015 Trade Promotion Authority package as well as 2011 legislation implementing the US-Panama free trade agreement and reauthorizing trade adjustment assistance. Previously, Shenai served as banking, commerce, transportation, and trade counsel for the US Senate Republican Policy Committee and senior adviser in the Bureau of Industry and Security at the US Department of Commerce. She was an attorney in the international trade group of Skadden Arps Slate Meagher & Flom LLP, a professional trainee in the Rules Division of the World Trade Organization, and a judicial law clerk with the Hon. Evan J. Wallach then of the US Court of International Trade. Shenai has a JD from Vanderbilt University; an MPhil in international relations from St. Antony’s College, Oxford University; and a BA with high honors from Swarthmore College.


Peter Flanagan is a partner in Covington’s Washington office who concentrates in international trade compliance matters.  He is a Co-Chair of Covington’s International Trade Controls practice group.

Mr. Flanagan counsels clients on a broad range of compliance requirements affecting international trade and investment. These include most notably export controls, economic sanctions constraints, defense trade limitations, and the implications of related non-US requirements.

Mr. Flanagan has advised leading companies in the oil and gas sector, pharmaceutical and medical technology companies, defense contractors, manufacturing entities, financial institutions, software and high-technology concerns, and university-affiliated laboratories.

Mr. Flanagan received his. J.D. from New York University School of Law, magna cum laude, an M.P.A. from Princeton University, and his B.A., with distinction, from the University of Wisconsin.


Peter Lichtenbaum is a partner with the Washington, D.C. law firm of Covington & Burling LLP.  His practice focuses on the regulation of international business and trade, with particular focus on export control policy and compliance advice.  Before joining Covington, he served as Assistant Secretary of Commerce for Export Administration in the George W. Bush Administration, where he administered the U.S. dual-use export control system.  He also served as Vice President, Regulatory Compliance & International Policy, at the defense company BAE Systems.  He is Chair of the Washington Export Council, General Counsel of the American League for Exports and Security Assistance, and a member of the State Department’s Defense Trade Advisory Group.


Sarah J. Heidema is the Director of the Office of Defense Trade Controls Policy in the Department of State’s Political Military Bureau.  Her portfolio includes providing policy and regulatory guidance on defense trade to the U.S. Government, private sector, and foreign allies and partners, as well as overseeing the Department’s Blue Lantern program and revisions to the International Traffic in Arms Regulations (ITAR).  Prior to this position she led the Department of State’s division charged with implementing Export Control Reform and the development of country-based and regional export policy for certain defense articles and services.     

Before joining the Department of State in 2009, Ms. Heidema worked at the Department of Commerce’s Bureau of Industry and Security for five years.  She served in a variety of positions throughout the Bureau’s Export Administration unit, and finally as Special Assistant to the Under Secretary of Commerce for Industry and Security. 

Ms. Heidema holds a MS in National Security Strategy from the National War College and a BA in International Relations from The George Washington University.

 


Sarah is an experienced international trade lawyer, having served in both private practice and in-house roles throughout her career.  She’s led the International Trade Legal teams for two of the Big Five tech companies, most recently joining Microsoft’s partnership to lead its International Trade Legal team in November 2019.  Prior to joining Microsoft, Sarah spent seven years building out and leading Amazon’s International Trade Legal team.  Her in-house practice has included collaborating with key trade regulators and intergovernmental bodies on shared objectives, and standing up complex and innovative trade compliance solutions, in support of businesses and initiatives across the globe (digital products and services, cloud, robotics, drones, satellites in space, and a number of cross-border consumer e-commerce, supply chain and logistics models).  Sarah was recruited in-house from White & Case’s international trade practice in Washington D.C. where she handled a broad spectrum of international trade legal matters for multinational corporate and foreign sovereign clients.  She joined White & Case early in her career after two years with an international trade boutique law firm in New York.  Prior to her legal career, Sarah served as a Surface Warfare Officer in the U.S. Navy for four years leading sailor divisions deployed to the Persian Gulf and East Asia. 


Stephan Müller heads the firm’s public law practice group (which focuses on foreign trade law as well as environmental, public procurement and antitrust law). Stephan himself specializes in export control law, sanctions and compliance with a focus on the areas anti-corruption, money laundering and internal investigations. His advice is particularly sought after in crisis situations. He has special experience in developing and implementing compliance structures. He also advises his clients in permission proceedings or before the administrative courts. He regularly publishes articles and speaks at conferences.

Since 2015 Stephan is co-chair of the IBA subsection on export controls and anti-corruption.

For many years he has been ranked as a leading practitioner in export control matters in the JUVE Handbook of German Commercial Law Firms. In the kanzleimonitor.de study, which is conducted every year in cooperation with the German Federal Association of Corporate In-house Counsel [Bundesverband für Unternehmensjuristen], he has also held first place for the fifth time running for Foreign Trade and Export Control in Germany.

Stephan is a partner of Oppenhoff & Partner. In 1996 he was a Foreign Associate with Lovells in London. From 2001 to 2007 he was a partner at Oppenhoff & Rädler/Linklaters LLP. He studied law at the University of Bonn.


As the Deputy Assistant Secretary of Commerce for Export Administration‚ Mr. Borman is responsible for developing and implementing the Bureau of Industry and Security’s (BIS) controls on the export of dual-use and military items to protect U.S. national security and advance U.S. foreign policy interests. In addition‚ he oversees BIS’s programs to ensure that industrial resources are available to meet national security requirements‚ the Section 232 steel and aluminum tariff and quota exclusion process, and BIS’s implementation of the Chemical Weapons Convention‚ and the Additional Protocol to the US-IAEA Agreement.

Prior to his appointment as Deputy Assistant Secretary‚ Mr. Borman served as Acting Chief of the Enforcement and Litigation Division of the Office of Chief Counsel for Export Administration. As division chief‚ he was responsible for providing legal advice to the Export Enforcement unit of BIS‚ including the adjudication of administrative enforcement actions.

Mr. Borman entered the Commerce Department in 1992 as an attorney in the Office of Chief Counsel for Export Administration. As an attorney in that office‚ Mr. Borman was responsible for a variety of matters‚ including attempts to revise the Export Administration Act‚ Congressional‚ General Accounting Office and Office of Inspector General investigations and studies‚ Freedom of Information Act requests‚ and export control cooperation with other countries.

Mr. Borman received his B.A. in History from Northwestern University‚ his M.A. from Northeastern University‚ and his J.D. from New York University School of Law.


Kay Georgi leads Arent Fox’s International Trade group and has more than 30 years’ experience advising clients on all aspects of international trade, with particular capability in the areas of export control and sanctions, Foreign Corrupt Practices Act (FCPA), and import (customs) matters.

Ranked as one of the nation’s leading International Trade: Export Controls & Economic Sanctions lawyers by Chambers USA, and as a leading international trade practitioner by Legal 500 and Expert Guides, Kay is known for helping large and small clients understand, comply with, and weather the investigation storms associated with the complicated set of US laws and regulations governing US exports and non-US re-exports of goods, software, services, and technology. She also has experience advising clients on issues involving trade agreements, including World Trade Organization (WTO) agreements.