Kerry T. Scarlott

Partner

Washington, D.C.
T +1.202.861.1585
F +1.202.861.1783

Overview

Kerry Scarlott counsels organizations of all sizes engaging in activities domestically and abroad regarding international trade matters. He has particularly deep experience counseling technology-based clients on effectively and efficiently 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. Kerry 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. Kerry also 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.

Kerry has particular experience representing the aerospace and defense industries, as well as the optics, photonics and electronics industries. His depth of experience and industry knowledge, coupled with a hands-on, practical approach, makes Kerry an effective advocate for clients looking to navigate complex regulatory issues in an efficient manner. 

Select 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. 
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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.
  • Is 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.

Recognitions and Memberships

Recognitions

  • Chambers USA: Recognized Practitioner: Nationwide International Trade: Export Controls & Economic Sanctions (2016)
  • Chambers USA: Nationwide International Trade: Export Controls & Economic Sanctions (2014 to 2015)
  • The Legal 500 United States (2017)
    • Recommended in International trade

Memberships

  • American Bar Association: International Law Section
  • Society for International Affairs
  • Association of Unmanned Vehicle Society International: Member
  • Northeast Chapter of the National Defense Industrial Association: Board of Directors
  • Center for Transportation and the Environment: Board of Directors
  • The International Society for Optics and Photonics (SPIE)
  • Massachusetts Export Compliance Alliance

Community

  • Wounded Warriors Project: Volunteer 

Admissions

  • Massachusetts
  • District of Columbia

Education

  • J.D., University of Pittsburgh School of Law, 1994
  • M.P.P., University of Pittsburgh, Graduate School of Public and International Affairs, 1994, with honors
  • B.S., St. Lawrence University, 1986