Overview
Kerry Scarlott is a Director in the firm's Corporate group. Kerry focuses his practice on business law and international trade law, with particular expertise in assisting technology-based companies. He serves as general outside counsel to companies and entrepreneurs, providing guidance in connection with 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.
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). Kerry has also represented clients in reviews before the Committee on Foreign Investment in the United States (CFIUS) pursuant to the Exon/Florio Amendment to the Defense Production Act of 1950, as amended. He also assists clients with matters relating to issues arising under the Foreign Corrupt Practices Act (FCPA). 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 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 compliancy 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
Speaking Engagements
· 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 (hooked by iRobot), Bedford, MA, June 2011
· Faculty, "Complying with U.S. Export Control Laws", SPIE (Defense, Security + Sensing), Orlando, FL, April 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
March 2010
Goulston & Storrs Continues to Build Corporate Practice: International Trade Authority Joins Firm
Advisories
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
December 2010
U.S. Export Control Reform - What does it mean for you?
Publications & Mentions
August 2, 2010
"Parallel Universe," BBJ
April 2010
"Goulston Lures Posternak International Trade Expert"
April 2010
"Kerry Scarlott Joins Goulston & Storrs"
Seminars & Events
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
November 2011
Annual International Trade Summit: Navigating the Global Minefield
September 2011
ITAR Compliance Basics for Manufacturers' Representatives and Brokers Selling Defense Related Products and Services
June 2011
Complying with U.S. Export Controls While Growing Your Business: A Case Study
May 2011
Demystifying Export Controls: Pitfalls & Lessons Learned for U.S. Businesses
September 2010
Riding The Tiger...doing business in China in 2010
May 2010
"Essentials of Export Controls: Lessons Learned for Compliance," Mass Export Center
May 2010
"International Trade: How the Trade Policies and Goals of the Obama Administration Will Be Pursued at the Federal and Local Level"
Interactive Media
December 2010
ITAR and ITAR Reform Efforts