Kerry Scarlott

Kerry Scarlott is a Consulting Counsel in the firm’s International Trade and Customs practice with more than three decades of experience helping businesses and organizations of all sizes navigate the full range of U.S. export control and sanctions laws and regulations. He has particularly deep experience counseling technology-based clients on navigating the Export Administration Regulations (EAR); the International Traffic in Arms Regulations (ITAR); the Foreign Corrupt Practices Act (FCPA); special sanction programs administered by various U.S. government agencies, including the Treasury Department’s Office of Foreign Assets Control (OFAC) and the National Industrial Security Program Operating Manual (NISPOM); and national security regulations.

Mr. Scarlott is a trusted advisor with long-term and mutually respectful relationships with a wide range of U.S. government agencies and their staff members. He regularly represents clients in foreign trade-related matters before U.S. government agencies, including the Departments of Commerce, State, Defense and Treasury. He also has significant experience advising clients on best practices in the development and implementation of compliance policies, procedures and training, as well as experience executing international trade-related due diligence in mergers, acquisitions and financing transactions. Mr. Scarlott represents companies before the Committee on Foreign Investment in the U.S. (CFIUS), and assists clients in mitigating foreign ownership, control or influence (FOCI) as may be required by CFIUS or U.S. national industrial security regulations.

He has particularly deep experience representing technology-oriented businesses, with a focus on the aerospace and defense industry. His depth of experience and industry knowledge, coupled with a hands-on, practical approach, makes him an effective advocate for clients looking to navigate complex regulatory issues in an efficient manner. 

Representative Experience

• Assisted a global corporation in completely revamping its trade compliance policies and programs, and trained the global workforce in their use. 
• Assisted clients of all sizes in securing a variety of export licenses and approvals related to complex multiparty transactions involving highly regulated goods and services, including obtaining approval for the offshore manufacture of sensitive goods utilizing U.S. technology and know-how.
• Obtained numerous U.S. government approvals related to the launch of U.S. satellites by foreign launch service providers, including the first-ever waiver of U.S. policy against the utilization of Indian launch vehicles, and guided clients through Department of Defense monitoring of foreign launch campaigns. 
• Counseled a major U.S. university in obtaining a novel U.S. government approval for the co-development and deployment of a spacecraft with a non-NATO ally.
• Conducted numerous FCPA, EAR, ITAR, and OFAC compliance assessments and investigations, and negotiated favorable voluntary disclosure outcomes, including in connection with representing the target in a major merger transaction.
• Assisted numerous U.S. and foreign entities in successfully navigating the CFIUS process, including in connection with a recent transaction involving investment by a Chinese entity in a sensitive industry.
• Engaged by public and private corporations, research institutes and universities to assist in establishing and maintaining effective and efficient trade compliance programs. Regularly counsels clients in designing and implementing global anticorruption and trade compliance programs, as well as in conducting compliance assessments, preparing voluntary disclosures and responding to government investigations.