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 label 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 compliance procedures and training personnel in their proper 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.
- Audited numerous businesses for export control compliance, and negotiated favorable voluntary disclosure 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 regarding 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 service 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 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
Faculty, “Complying with U.S. Export Control Laws: A Case Study,” SPIE (Defense, Security + Sensing), Baltimore, MD, May 2013
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 to 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 Printed 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 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