Curtis M. Dombek. Appointments & Recognitions. Partner Sheppard, Mullin, Richter & Hampton LLP

Transcription

1 Partner Sheppard, Mullin, Richter & Hampton LLP Curtis M. Dombek Mr. Dombek has been engaged in international trade practice for 29 years. In 2011, he was appointed by the U.S. Commerce Department to the President's Export Council Subcommittee on Export Administration (PECSEA), which is advising the Obama Administration on the current U.S. Export Control Reform (ECR). In 2012, he was appointed to the Commerce Department s Rules and Procedures Technical Advisory Committee (RPTAC). His practice focuses primarily on export controls and related regulations affecting cross-border M&A and commercial transactions, including the ITAR, EAR and economic sanctions regulations. He works principally on matters involving U.S. and EU aerospace and defense companies, but has significant experience in Asian and Middle Eastern military and dual use trade. He also does compliance work concerning the Foreign Corrupt Practices Act and related foreign anti-corruption laws. His experience includes international structuring, licensing and sales agreements and international arbitrations in London and other fora. Mr. Dombek's clients have included leading multinationals in the following industry sectors: Aircraft, missiles and UAVs Satellite systems De-militarization & related non-proliferation programs Security services Sensors & lasers Computer hardware & software Electronics & semiconductors Telecommunications Oil & gas Chemicals, pharmaceuticals & medical devices Construction & engineering Appointments & Recognitions Appointee, 2011, President's Export Council Subcommittee on Export Administration (PECSEA) Appointee, 2012, Commerce Department Rules and Procedures Technical Advisory Group (RPTAC) Appointee, 2011, Los Angeles Country Bar Customs Law Committee Chambers Asia-Wide noted expert in international trade, 2009 California Super Lawyers, 2007, 2008, 2009, 2010, 2011

2 Education Harvard Law School, J.D. magna cum laude, 1983 Editor-in-Chief, Harvard Journal of Law & Public Policy, Harvard College, A.B. magna cum laude with highest honors, 1980 Concentration: Statistics Edwards Whitaker Scholar National Merit Scholar Bar Admissions California, Washington, DC and Missouri Memberships and Affiliations American Bar Association International Bar Association International Institute for Space Law Society of Satellite Professionals International London Commercial Bar Association Speaker s Cabinet of the U.S. House Minority Leader, Nancy Pelosi Languages Fluent German Working knowledge of French, Mandarin Chinese and Arabic Foreign Jurisdiction Experience Legal experience in export transactions and cases relating to Australia, Belgium, Brazil, Canada, China, Denmark, Dubai, Ecuador, France, Germany, India, Indonesia, Ireland, Israel, Italy, Japan, Jordan, Kenya, Kuwait, Malaysia, Mexico, the Netherlands, Peru, Saudi Arabia, Singapore, South Africa, South Korea, Spain, Sweden, Switzerland, Taiwan, Thailand, Turkey, the UAE, the United Kingdom, Venezuela and Zimbabwe. Economic sanctions compliance experience in matters relating to Belarus, Burma, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria and the former Yugoslavia. Representative Export and Reexport Compliance Experience Export control Counsel to Buyer in $500M acquisition of U.S. rocket engine manufacturer As Counsel to European Seller, obtained clearance of foreign acquisition of equity interest in satellite company with material ITAR implications As Counsel to foreign satellite operator, obtained clearance of privatization in transaction raising complex ITAR issues Prepared global ITAR compliance program for U.S. engineering and defense company with operations in Europe, the Middle East and Japan related to DoD anti-terrorism programs, defense training exercises, foreign air bases, military infrastructure and nuclear and CBW non-proliferation 2

3 Counsel to Chinese partner in $2B joint venture for avionics development on the C919 jetliner Counsel to UAV systems manufacturer in connection with its acquisition by a leading aerospace firm Regular ITAR Counsel to UAV software company on issues including classification, CJ, temporary and permanent export licensing, reporting and voluntary disclosures Export control Counsel to Japanese and Canadian affiliates of EU military avionics manufacturer Export control Counsel to Claimant in satellite arbitration raising complex, multijurisdictional TAA and dual and third country national issues Represented U.S. sensor company with respect to ITAR compliance and registration in acquisition of Israeli manufacturer of sensor technologies U.S. Counsel to French company and its U.S. parent providing tooling in support of Israeli Arrow 3 program with U.S. DoD Prepared comprehensive ITAR compliance program for U.S. manufacturer of military aircraft components Export control Counsel to U.S. manufacturer of military engine components in acquisition by Fortune 500 manufacturer Conducted detailed export classification and technology export compliance program for semiconductor and other telecom R&D affiliates in Belgium, Germany, Italy and Sweden. Export control counsel to satellite component manufacturers in various Western European countries concerning export classifications and ITAR compliance Counsel to multinationals in a wide range of industries (chemicals, medical devices, computers, semiconductors, software, telecom, aerospace and consumer products) concerning foreign production with U.S. hardware, software or technology and compliance with reexport controls Counseled computer, software and telecommunications equipment companies since the mid-1990s concerning encryption controls, review requests, encryption licensing arrangements, reporting requirements, mass market issues, ENC restricted issues and interaction with EU encryption controls and other foreign encryption controls Counseled oil & gas companies concerning a variety of international financial, contractual, management and staffing issues related to compliance with U.S. export controls Implemented global export and import compliance systems for U.S. based computer, telecommunications equipment and chemical manufacturers Served as co-counsel defending a U.S. high-tech manufacturer in a highly publicized U.S. government export enforcement proceeding leading to dismissal of criminal charges Conducted a global export investigation for a U.S. telecommunications company involving the gathering of evidence and interviewing of witnesses in the United States, Singapore, New Delhi, Amsterdam and Frankfurt 3

4 Counseled a U.S.-based software company with respect to due diligence on international regulatory compliance for global acquisitions Conducted export compliance due diligence for a U.S.-based telecommunications equipment manufacturer with respect to two global acquisitions Represented a U.S. manufacturer of research chemicals in the formation of its Thai subsidiary and compliance with Thai regulations in the chemical industry Advised a U.S.-based construction engineering company concerning construction projects in Libya Conducted an internal export investigation in Singapore, Cyprus and Latin America for a Swiss-based multinational Conducted an internal investigation, voluntary disclosure and settlement of charges for a global provider of travel services Served as co-counsel defending a Japanese multinational in a U.S. export investigation Defended a large U.S. bank in a Treasury Department sanctions enforcement case Other Representative Experience Conducted FCPA transactional due diligence in China concerning the proposed Chinese joint venture partner of a U.S. company Conducted FCPA investigations for multinational companies in Mexico, Ecuador, Peru and Venezuela Conducted a global FCPA investigation for a multinational consumer products company with the gathering of evidence and interviewing of witnesses in Asia, Europe and Latin America Counseled U.S. companies in various industries (telecommunications, software, oil & gas, chemicals, electronics and consumer products) with respect to FCPA compliance matters, including corporate compliance programs and recurring FCPA training Represented a U.S. pharmaceutical manufacturer in an ICC arbitration with its Jordanian joint venture partner Defended and prevailed on counterclaim for U.S. telecommunications company in an ad hoc London arbitration arising from operations in Kuwait Defended one of the world's largest hotel companies against claims in a London arbitration brought by its Dubai business partner Represented the State of Kuwait in United Nations Compensation Commission proceedings concerning claims of Kuwait government Ministries against Iraq, with primary responsibility for claims concerning the Kuwait Emergency Reconstruction Office, Prisoners of War, and the Ministries of Health, Finance and Foreign Affairs Defended a large U.S. lumber importer in a Customs enforcement matter leading to the dismissal of $2 million in penalties 4

5 Prepared a global analysis of relative FTA and Customs benefits of alternative manufacturing flows for the manufacture and assembly of electronics components in China, Mexico and the United States for ultimate export to various countries in Latin America, Europe and Asia Prepared a global analysis of customs duty and other indirect tax savings opportunities based upon alternative sourcing of components for a British consumer products company Negotiated a Saudi joint venture contract for a multibillion dollar infrastructure project Negotiated over 30 global supplier agreements for a Fortune 100 aerospace manufacturer Represented a U.S.-based non-profit corporation with respect to corporate structuring of charitable operations in Kenya Litigated over a dozen aviation liability cases under the Foreign Sovereign Immunities Act involving various State-owned airlines Negotiated and resolved disputes with suppliers in China, Italy, Japan, Korea, the United Kingdom and other jurisdictions on behalf of Fortune 100 aerospace manufacturer Assisted a U.S. specialty metals company in the resolution of a dispute with its Indonesian supplier Represented the launch vehicle manufacturer in the London arbitration of claims against the Indian government arising from Insat 1-D launch pad accident Defended the upper stage rocket manufacturer in litigation arising from the unsuccessful deployment of Westar VI and Palapa B-2 satellites by the U.S. Space Shuttle Speeches & Publications Lecturer, Korean International Trade Association program on Customs Compliance and Government Procurement under the U.S.-Korea Free Trade Agreement (Seoul 2012) Faculty Member at PLI Coping with Export Controls conference (Washington 2011) Faculty Member at ACI China Summit on Export Controls Compliance (Beijing 2010) Class instructor for China National Petroleum Council on "International Regulatory, Trade & Dispute Issues" (Beijing 2010) Lecturer at Sheppard Mullin & Control Risks joint conference "FCPA Workshop: Preventing Corruption" (Los Angeles and Shanghai, 2010) "Legal Compliance in International Sales" (San Diego, 2009) "Compliance with U.S. and PRC Anti-Corruption Laws" (Los Angeles and Shanghai, 2008) "Compliance with Encryption Export Controls" (Los Angeles based webinar, 2008) "The Perennial Problem of U.S. Encryption Controls" (World Customs Organization Conference, Brussels, 2008) Global FCPA Compliance (Shanghai, 2007) Encryption Export Compliance (Seattle, 2007, repeated in St. Louis in 2007) Export Compliance in the Semiconductor Industry (Chicago, 2006) "Foreign Corrupt Practices Act" (Joint program with KPMG and DOJ, Los Angeles, 2005) 5

6 Export Compliance in the Telecommunications Industry (New York, 2005, repeated in Amsterdam, Denver, Frankfurt, Miami, New Delhi and Singapore in 2005) Avoiding Legal Pitfalls in International Sales and Marketing (Phoenix, 2005) FCPA Compliance in the Energy Sector (St. Louis, 2004) FCPA Compliance and Internal Audits (New York, 2004) Export Compliance in the Telecommunications Sector (Los Angeles, 2000, repeated in London, Dallas, Raleigh and Boston in 2001, 2002, 2003 and 2004, respectively) Are Global Antiterrorism Initiatives a Threat to International Commerce? panelist at the Annual Symposium of the Center for American and International Law (Dallas, 2004) Aerospace and Defense: New Technologies and Commercialization Trends Raise New Legal Issues, Federal Bar Association Conference (Los Angeles, 1999) The Twilight Zone of International Arbitration, 21 Litigation 42 (ABA, 1995) Implications of the Proposed Product Liability Fairness Act for Commercial Space Launches, in Proceedings of the Annual International Bar Association Conference (Paris, 1995) The State of the Law Governing Liability Among Launch Participants, presented at the Practitioners Forum of the European Centre for Space Law (Paris, 1993) Harmonizing Allocations of Risk for Commercial Space Activities, in Proceedings of the Inaugural Conference of the Inter-Pacific Bar Association (Tokyo, 1991) Can Erie v. Tompkins Survive in Zero Gravity? The Case for a Federal Common Law of Space, in Proceedings of the Annual International Bar Association Conference (New York, 1986) 6