International Trade Compliance, Customs, Export Administration

MICHAEL DEAL

Telephone: 615-***-****

Email: ************@***.***

Career Summary:

Recognized expert in international trade compliance with encyclopedic knowledge of complex export controls, international sanctions and customs law, capable of converting that knowledge into functional procedures that assure compliance while achieving business objectives and minimizing costs.

Work Experience:

International Trade Compliance Consultant, March 2018 through present. Provide advice and analysis regarding trade compliance matters to companies in international business and draft compliance procedures that align with their individual business model. Counselled oil producers and oil field suppliers on effect of US international sanctions and export controls. Classified 1200 parts and components on acquisition ofBOM for NAVAIR UAV designer and manufacturer. Performed export jurisdiction and classification of technical documents relating to the design, production, and use of aircraft parts and related production equipment and technology for an independent aircraft parts manufacturer. Advised British defense services provider on U.S. extra-territorial export controls on U.S.-made equipment and software and ITAR Broker’s registration.

Director, International Trade Compliance and “Empowered Official”, Pacific Architects and Engineers LLC (a/k/a “PAE”), Arlington, VA.

June 2011 through March 2018. Director level executive and “Empowered Official” leading a professional staff of six trade professionals. Responsible for compliance with all aspects of international trade regulations, including but not limited to customs laws, export controls, international financial transaction controls and sanctions, antiboycott regulations, FCPA, Buy America Act and Little Buy America Act, and Foreign Trade Regulations. Prepared, submitted and prosecuted license applications to Departments of State, Commerce and Treasury. Responsible for vetting foreign consultants, agents, and representatives. Conducted due diligence of foreign third parties including potential team members, suppliers, and subcontractors. Drafted and implemented company-wide trade compliance policies, procedures and instructions. Conducted focused training on trade regulations and company compliance policy and procedures. Defended audits and detentions by CBP, OEE, ICE, DDTC and other agencies. Conducted internal audits and focused assessments, and submitted voluntary self-disclosures as necessary.

Accomplishments: Developed trade compliance function as a shared service for service contractor newly divested by Lockheed Martin. Prepared new compliance policies and procedures that replaced policies and procedures devised for aircraft OEM with policies and procedures that corresponded to company’s business model. Conducted post-divestiture audit, prepared subsequent voluntary disclosures, and designed and implemented corrective actions resulting in no action letter from all three jurisdictional agencies. Conducted pre- and post-acquisition trade compliance due diligence examinations for six major acquisitions (including UAV manufacturer) and led integration and remediation of target companies’ trade compliance functions. Successfully defended “Company Visit” by DDTC Enforcement Division resulting in finding of no violations and commendations for new policies and procedures reflecting service contractor business model.

International Trade Consultant, Huntsville, AL. December 2010 through June 2011. Conducted internal investigation and successful self-disclosure for former client accused by employee of ITAR violations thereby avoiding any enforcement action.

PPG Aerospace, Huntsville, AL December 2008 through December 2010.

Export Compliance Manager: Responsible for all export and import issues for aircraft and transparent armor division with facilities in Huntsville, Alabama. Served as acting Export Compliance Officer for Aerospace SBU.

Accomplishments: Designed and implemented corrective actions required to remediate systemic failures that pursuant to voluntary self-disclosure. Prepared TAAs permitting collaboration with foreign subsidiaries and OEMs on new designs for equipment on military aircraft (e.g., A400M, AH-64; C-27J, C-130J). Classified entire item master list of products, parts, components and related technology under ITAR, EAR and HTS. Led team that modified ERP system to automate preparation of all shipping documents and AES/EEIs reports.

Goodrich Aerospace, Oldsmar, FL. November 2007 through November 2008. Manager, Export/Import and Contracts: Responsible for all export and import issues and contracts for division with facilities in Oldsmar, Florida; Lippstadt, Germany; and Bangalore, India. Subject matter expert for steering committee for implementation of SAP Global Trade Systems.

Accomplishments: Managed implementation of remedial measures pursuant to consent agreement with Directorate of Defense Trade Controls. Successfully prepared and prosecuted TAA permitting collaboration, including exchange of technical personnel, among facilities in United States, Germany and India on designs for equipment on newly developed military aircraft (e.g., F-22, V-22, AH-64; C-130J). Classified 14,000 products, subassemblies, parts, components and related technology under ITAR, EAR and HTS in first 120 days.

E.I. DuPont de Nemours, Wilmington, DE. July 2005 through November 2007. Export Counsel: Contract attorney responsible for export control issues regarding DuPont Engineering Polymers, DuPont Titanium, and other business units as assigned, including deemed export licensing, determinations of product jurisdiction and classification and licensing.

Accomplishments: Drafted, prosecuted, and led implementation of export licenses for technology and equipment for new titanium dioxide plant in Peoples Republic of China. Drafted procedure for dealing with inspections by regulatory agents. Classification of various engineering polymers and chemical processing equipment used to produce them. Determined need for and prosecuted applications for deemed export licenses for scientists and engineers.

Private Law Practice, Franklin, TN. September 2003 through May 2006. Attorney and Counselor at Law: Specialized in commercial and regulatory aspects of international trade, licensing and finance, with emphasis on export and customs compliance and intellectual property protection and licensing. Typical projects included internal audits for businesses and universities; voluntary disclosures; in-house training for businesses and universities; preparation and prosecution of TAAs and licenses; the design, training and assistance in the implementation of internal compliance procedures.

Accomplishments: Successfully appealed initial denial of license for export of equipment and software to Space Application Research Center in India then on the Entities List. Conducted post-acquisition audit, voluntary disclosure, and implementation of export and import compliance procedure for a U.S. aerospace company acquired by foreign aerospace company resulting in a close-out without penalty. Subject matter expert for defense team in U.S. v. Gas Tech Inc. and U.S. v. Alavi. Consulted by defense team in U.S. v. Roth. Successfully protested HTS reclassification of imported parts by CBP.

The Boeing Company (Integrated Defense Systems), Huntsville, AL. November 2000 through August 2003. Export/Import Compliance Manager: “Empowered Official” for compliance by all Boeing activities in Huntsville, AL, including Phantom Works. Also “Empowered Official” for Boeing Missile Defense Systems and NASA Systems (International Space Station), all locations. Managed team of four Export Administrators supporting Missile Defense Agency and NASA, including the International Space Station and SPACEHAB, and other programs, including support of NASA, NASDA and ESA at NASA Marshall Space Flight Center and Missile Defense Agency at Redstone Arsenal as well as Johnson Space Center, Texas. Member of Boeing Export Procedures Council and Boeing Export Guidance Committee.

Accomplishments: Prepared TAAs for high profile projects such as Arrow II co-production with Israel Aircraft Industries and NATO missile defense agencies. Conducted internal audits and self-assessments and prepared voluntary disclosures. Provided export compliance training to all levels of staff and management. Prepared and administered export compliance budget for Boeing Huntsville.

Independent Consulting Practice, Kansas City, MO and Nashville, Tennessee. March 1993 through 2000. Consulting Attorney: Provided advice and assistance to law and accounting firms, in-house counsel, banks, freight forwarders, and other professionals regarding international trade, licensing and finance, with an emphasis on export and foreign asset controls, intellectual property protection, antiboycott and FCPA compliance, foreign law and accounting practices, and banking and finance practices.

Accomplishments: Internal audits, design and implementation of internal compliance programs for companies and universities, presentation of training for export control and antiboycott compliance systems. Defended administrative export enforcement actions.

Resource Recovery International Group, Inc., Port Angeles, WA. December 1994 through December 2000. Executive Vice President: Responsible for regulatory compliance including export licensing, customs, environmental and other applicable regulations; negotiation and drafting of contracts; bid protests; contract compliance and administration (FAR/DFAR); protection of trade secrets and intellectual property; government relations; and, management of outside counsel.

Accomplishments: Devised plan for the export of the hulk of a decommissioned aircraft carrier to India as scrap, and obtained approvals from Dept. of the Navy, BXA and EPA.

Watson, Ess, Marshall and Enggas, Kansas City, MO. August 1991 through March 1993. Of Counsel: Recruited to co-chair international practice section. Practice divided between commercial and regulatory aspects of international trade, licensing and finance, with emphasis on export controls, trade sanctions, FCPA, and antiboycott compliance.

Accomplishments: Successfully challenged denial order imposed on South African purchaser of firearms. Obtained Commodity Jurisdiction determination that commercial GPS systems were subject to EAR. Successfully defended investigation of chemical equipment manufacturer whose products were retransferred by foreign customers to Libya.

Shook Hardy & Bacon, Kansas City, MO. May 1990 to July 1991.

Associate: Recruited to "second-chair" international practice division of corporate group. Practice divided between regulatory and commercial aspects of international trade and investment, with emphasis on intellectual property, export controls, and antiboycott compliance.

Accomplishments: Successfully negotiated release of goods blocked by OFAC pursuant to Iraqi Sanctions Regulations during First Gulf War. Conducted audits and submitted voluntary disclosures of export control and antiboycott violations for petrochemical processing equipment manufacturers resulting in close-out without penalty.

Hall, Estill, Hardwick, Gable, Golden & Nelson, Tulsa, Oklahoma. June 1987 through May 1990. Senior Associate: Returned to original law firm at request of clients. Provided legal support and representation to aerospace, petrochemical, and oilfield support clients active in the Middle East, Africa and Asia. Counseled clients on compliance with export controls, international sanctions, FCPA, antiboycott regulations, HTS classifications and customs regulations. Participated in successful defense of administrative and criminal export enforcement actions. Negotiated and drafted commercial agreements for with clients’ foreign distributors, representatives, and consultants. Negotiated and drafted contracts for international sale of goods and licensing of intellectual property. Counseled clients on protection of intellectual property in foreign jurisdictions as well as in the United States. Served as subject matter expert in litigation on foreign infringement of intellectual property.

Export Administration, U.S. Department of Commerce, Washington, D.C. March 1986 to June 1987. Investigative Team Leader (GM-13): Directed team of five investigators responsible for enforcement of Export Administration Regulations. Investigated and prepared administrative enforcement cases involving violations of Export Administration Regulations.

University of Tulsa School of Law, Tulsa, Oklahoma. August 1982 through December 1986. Adjunct Assistant Professor of Law: Taught public international law.

Education:

Vanderbilt University School of Law: Juris Doctorate, 1981. Research Editor, Vanderbilt Journal of Transnational Law. Team Captain, Jessup International Moot Court Team. Research assistant to Professors Jonathan Charney and Igor Kavas.

Johns Hopkins University School of Advanced International Studies: Masters in International Studies Program, 1976-1978, while serving as legislative aide to Representative Albert Gore, Jr. Honors in International Law.

Middle Tennessee State University: B.A. magna cum laude, International Studies, 1976. Debate team, pep band, student court, Sigma Nu Fraternity.

Languages:

Reading knowledge of Spanish and French. Knowledge of trade, banking,

legal and shipping terms in various other European languages. Formerly

proficient in business Spanish, and capable of resuming proficiency after

period of study or immersion. Studied Mandarin and Arabic.

Computer skills:

MS Office, Word Perfect and MS Works. Experience with SAP/GTS, EDS Team Center, MFG Pro

Professional Memberships:

Society of International Affairs

North Alabama International Trade Association

Former member: Tulsa World Trade Association

Former member: Oklahoma District Export Council

Military:

Honorable discharge, U.S. Army Reserve, April 1975.

Publications:

"Tactical and Practical Considerations in Defending Export Control Enforcement Actions", International Quarterly, Vol. 15, p. 163 (April 2003).

"Practice Before the OAC: An Insiders View", Boycott Law Bulletin, (July-August 1987).

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