Kerry T. Scarlott Education Practices/Industries Admissions (617) 574-3572 kscarlott@goulstonstorrs.com Fax: (617) 574-7702 Download vcard Boston 400 Atlantic Avenue Boston, MA 02110-3333 Washington DC 1999 K Street, NW Suite 500 Washington, DC 20006 St. Lawrence University, B.S., 1986 University of Pittsburgh Graduate School of Public and International Affairs, M.P.P., 1994, with honors University of Pittsburgh School of Law, J.D., 1994 Overview Corporate Export Controls & Economic Sanctions Mergers & Acquisitions China Cross-Border Emerging Technologies & Venture Capital Intellectual Property Translational Science Technology Transactions Massachusetts New Hampshire International trade and business law, particularly for technology-based companies, is at the core of Kerry Scarlott's practice. Kerry counsels companies doing business abroad, entity formation, debt and equity financings and private offerings, mergers and acquisitions, day-to-day commercial contract matters, strategic alliances, private lab manufacturing, and intellectual property protection and utilization. He also serves as general outside counsel to companies and entrepreneurs helping keep operations of all types running smoothly. In the international trade arena, Kerry assists clients in entering or expanding their presence in international markets. He counsels clients regarding import and export compliance, foreign sales and distribution of products, overseas manufacturing and sourcing, establishing strategic alliances and joint ventures, and acquiring and selling businesses. Kerry has particular expertise in counseling technology-based clients in navigating the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), including with respect to jurisdiction and classification determinations, establishing 1 of 5 4/1/13 4:13 PM
compliance procedures and training personnel in their prope use, export and import licensing, conducting internal investigations of possible non-compliance, and preparing voluntarily disclosures of non-compliance. Kerry also represents clients in reviews before the Committee on Foreign Investments in the United States (CFIUS). He also assists clients navigate the Foreign Corrupt Practices Act (FCPA), including establishing compliance procedures and training personnel in their proper use, conducting internal investigations of possible non-compliance (including by third parties), and preparing voluntary disclosures of non-compliance. In his work, Kerry regularly interacts with representatives of the U.S. Departments of State, Defense, Commerce and Treasury. Kerry lectures and writes regularly on international trade matters, including export compliance, foreign distribution and sale of products, and related topics. Representative Experience Audited numerous businesses for export control compliance, and negotiated favorable voluntary disclosur outcomes relative to historical non-compliance with the EAR, the ITAR, and regulations promulgated by the Treasury Department s Office of Foreign Assets Control. Assisted numerous technology-based businesses regardin U.S. export controls compliance, including proper classification of their technologies, products and services relative to the Export Administration Act and the Arms Export Control Act, establishing export compliance systems, obtaining export licenses and clearances from the Commerce Department s Bureau of Industry and Security (BIS) and the State Department s Directorate of Defense Trade Controls (DDTC), and otherwise complying with the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). Obtained successful outcomes in CFIUS reviews for a variety of domestic and foreign-owned clients. Represented numerous entrepreneurial clients in regards to their choice of entity, establishing appropriate governance structures, obtaining start-up financing, and commencing business. Assisted domestic and international businesses and individuals in a variety of business acquisitions and sales in the technology development, manufacturing and servic industries. Represented businesses in establishing foreign manufacturing and sourcing arrangements, with a particular focus on China and India. Developed foreign sales and distribution strategies for 2 of 5 4/1/13 4:13 PM
businesses throughout the world, with a particular emphasis on the European Union and Asia. Professional and Community Involvement Northeast Chapter of the National Defense Industrial Association Board of Directors American Bar Association, International Law Section Massachusetts Bar Association; Business Law and International Law Sections COMSTAC Committee on Export Control Reform, Member TechAmerica, Export Controls Committee, Member Massachusetts Maritime Academy, International Business Department, Advisory Board Speaking Engagements Speaker, Tips for the European Union in Successfully Navigating U.S. Export Controls, Meritas, Istanbul, Turkey, October 2012 Speaker, The Black Hole of U.S. Export Controls How t Navigate Away from the Gravitational Pull, SPIE Astronomical Telescopes and Instrumentation 2012 Symposium, Amsterdam, The Netherlands, June 2012 Speaker, U.S. Export Controls for the PCB Industry, IPC Washington, DC, December 2011 Speaker, Coping with U.S. Export Controls for the Printe Circuit Board Industry (in conjunction with TeamITAR), IPC, Washington, D.C. December 2011 Speaker, ITAR for Beginners, MA Export Center, Boston MA, December 2011 Webinar Speaker, "ITAR Compliance Basics for Manufacturers' Representatives and Brokers Selling Defense Related Products and Services" (in conjunction with TeamITAR), Manufacturers' Agents National Association, September 2011 Webinar Speaker (in conjunction with TeamITAR), "ITAR Compliance Basics and Cyber Security for IPC Level 3 Manufacturers," IPC - Association Connecting Electronics Industries, August 2011 Speaker, "Complying with U.S. Export Controls While Growing Your Business: A Case Study, National Defense Industrial Association (hosted by irobot), Bedford, MA, June 2011 Faculty, Complying with U.S. Export Control Laws, SPIE (Defense, Security + Sensing), Orlando, FL, April 2010 Speaker, Riding The Tiger...Doing Business in China in 3 of 5 4/1/13 4:13 PM
2010, SBANE, September 2010 Faculty, ITAR Case Study, SPIE (Optics + Photonics), San Francisco, CA, January 2010 Speaker, Complying with U.S. Sanction and Embargo Programs, MA Export Center, Boston, MA, May 2009 Speaker, ITAR Training, TechAmerica and Professional Association of Exporters and Importers, San Jose, CA, January 2009 Webinar Speaker, Export Controls Update, American Electronics Association, January 2008 Press Releases November 2012 Goulston & Storrs to Host NDIA-New England Chapter Board Meeting March 2010 Goulston & Storrs Continues to Build Corporate Practice: International Trade Authority Joins Firm Advisories»View All March 2013 Rogue Employees An Export Control Compliance Program Worst Nightmare January 2013 Time to Revisit Your Export Control Compliance Program: Photonics Manufacturer is Latest Company Raided by U.S. Government Agents for Suspected Violations January 2013 Satellite Export Control Reform: Almost There... But Important Steps Remain December 2011 Vetting Third-Party Vendors to Insure FCPA Compliance: Courts Offer Guidance on Meaning of Government Instrumentality February 2011 New Export Control Certification Requirement on Visa Applications Publications & Mentions August 2, 2010 "Parallel Universe," BBJ April 2010 "Goulston Lures Posternak International Trade Expert" April 2010 4 of 5 4/1/13 4:13 PM
"Kerry Scarlott Joins Goulston & Storrs" Seminars & Events»View All November 2012 Innovation Across Borders April 2012 Safely Navigating the Deep Waters of International Trade: Legal Best Practices April 2012 Complying with the ITAR: A Case Study January 26, 2012 Northeast/Mid-Atlantic ITAR Defense & Military Market Empowered Official/CEO Symposium December 2011 ITAR/EAR Compliance For PCB Manufacturers Workshop Complying With U.S. Export Controls Interactive Media October 2012 Complying with Export Controls While Growing Your Busines December 2010 ITAR and ITAR Reform Efforts people practices / industries clients about us news / events join us rss sign-up disclaimer site map 2013 Goulston & Storrs - A Professional Corporation. All Rights Reserved. Attorney Advertising. Prior results do not guarantee a similar outcome. alumni trust account access 5 of 5 4/1/13 4:13 PM