Michael D. Sherman, a member of Venable's International Trade and Customs Group, focuses his practice on administrative law, concentrating on matters relating to U.S. economic sanctions, customs, export controls, foreign investment in the United States (Exon-Florio), U.S. investment and business operations in foreign countries, Free Trade Agreements and unilateral trade preference programs, and international trade policy.
Mr. Sherman provides counsel regarding all aspects of regulatory compliance and enforcement in these areas, and he represents clients before the Office of Foreign Assets Control, U.S. Customs and Border Protection, Bureau of Industry and Security, Directorate of Defense Trade Controls in connection with rulemakings, tariff classifications, audits, licensing, ruling requests, protests, penalty proceedings, voluntary disclosures, Jones Act issues, and internal corporate compliance. Also, he represents clients before the Committee on Foreign Investment in the United States (CFIUS) in CFIUS' review of transactions that result in control of a U.S. business by a foreign person. In addition, he advocates on behalf of clients before the U.S. Congress on trade issues, including a variety of matters germane to U.S. investment in foreign countries. He has appeared before the United States Court of Appeals for the Fifth Circuit, U.S. Court of International Trade, and several U.S. District Courts in obtaining judicial review of agency action.
Mr. Sherman has represented clients in high-profile international trade, investment policy, and regulatory matters. He was counsel for a South American country before the World Trade Organization in a challenge to U.S. regulations that discriminated against imported gasoline. He also represented one of the major participants in the UN Iraqi Oil-for-Food Program in investigations arising from that program's operation. In addition, he represented an international oil trading company before the U.S. Court of Appeals in a case involving the blocking of millions of dollars of assets under the then-existing Libyan Sanctions Regulations. Mr. Sherman was also instrumental in obtaining a change in the NAFTA Rules of Origin for petroleum products.
He served as an expert in U.S. economic sanctions and export control law in a British judicial proceeding related to the transfer of three Boeing 747s to Iran. In the past two years, he has obtained CFIUS approval of acquisitions of a variety of entities including a coal company, a provider of secure internet equipment and services to the U.S. military and other government agencies, and a liquified natural gas facility, involving particular issues such as the relationship of a foreign owner with questionable foreign individuals, the meaning of "control" under the CFIUS regulations, and Foreign Ownership, Control and Influence (FOCI) concerns regarding classified information.
His most recent significant work in the customs area involves addressing issues relating to the use by U.S. Customs and Border Protection (CBP) of 19 U.S.C. § 1509(a)(1)(A) to obtain records from importers, and CBP's verification of duty-free claims by petroleum product importers under Free Trade Agreements and unilateral trade preference programs.
News
September 8, 2009, Venable team advises Pyxis in sale to Applied Signal Technology
June 23, 2008, Longtime International Trade/Regulatory Attorney Michael Sherman Joins Venable's Washington, D.C. Office
Honors
AV® Peer-Review Rated by Martindale-Hubbell
Publications
March 2012, FCPA Snapshot 2011
William H. Devaney, Lindsay B. Meyer, Jan Lawrence Handzlik, Ashley W. Craig, Victoria R. Danta, Geoffrey R. Garinther, Nancy R. Grunberg, W. Warren Hamel, Glenn F. Ivey, Treazure R. Johnson, Thomas J. Kelly, Jr., George Kostolampros, Doreen S. Martin, Karl A. Racine, Seth A. Rosenthal, Michael Schatzow, Michael D. Sherman, Raymond V. Shepherd, III, Winifred M. Weitsen, D. E. Wilson, Jr.
March 2012, Korea-U.S. Free Trade Agreement Enters Into Force
Lindsay B. Meyer, Ashley W. Craig, Michael D. Sherman, Carrie A. Kroll, Elizabeth K. Lowe, Brian C. Dunning, Irene Ribeiro Gee, David N. Cinotti
International Trade and International Arbitration Alert
December 2011, Iran Sanctions Impact U.S. Business
Michael D. Sherman
Financial Executive
April 2011, Could the Hospitality Industry be the Latest to Fall Under the FCPA Microscope?
William H. Devaney, Lindsay B. Meyer, Melissa Gomez, Karl A. Racine, Geoffrey R. Garinther, Nancy R. Grunberg, W. Warren Hamel, Treazure R. Johnson, George Kostolampros, Doreen S. Martin, Ashley W. Craig, D. E. Wilson, Jr., Winifred M. Weitsen, Michael D. Sherman, Michael Schatzow, Seth A. Rosenthal, Raymond V. Shepherd, III
FCPA and Anti-Corruption News E-lert
March 2011, Obama Bans Transactions with Libyan Government and its Controlled Entities
Michael D. Sherman, Ashley W. Craig, D. E. Wilson, Jr., Lindsay B. Meyer, Carrie A. Kroll, Andrew E. Bigart, Setareh Deljo-Roland
International Trade Alert
March 2011, Frequently Asked Questions & Answers about the Foreign Corrupt Practices Act (FCPA)
Lindsay B. Meyer, William H. Devaney, Benjamin R. Civiletti, Ashley W. Craig, Geoffrey R. Garinther, Nancy R. Grunberg, W. Warren Hamel, Treazure R. Johnson, Thomas J. Kelly, Jr., George Kostolampros, Seth A. Rosenthal, Michael Schatzow, Michael D. Sherman, Raymond V. Shepherd, III, D. E. Wilson, Jr.
August 2010, DDTC Levies $42 Million Fine for Export Control Violations
Lindsay B. Meyer, Ashley W. Craig, Michael D. Sherman, Carrie A. Kroll
International Trade Alert
August 2010, New Financial Sanctions Regulations Target Iranian Business Activities of Non-U.S. Financial Institutions
Lindsay B. Meyer, D. E. Wilson, Jr., Ashley W. Craig, Michael D. Sherman, Carrie A. Kroll
International Trade Alert
July 2010, "The Balli Case: OFAC's Reach Keeps Growing," Kluwer Law International, Global Trade and Customs Journal, Vol. 5, Issue 7/8 at 311
Michael D. Sherman
Kluwer Law International, Global Trade and Customs Journal, Vol. 5, Issue 7/8 at 311
August 2009, U.S. Customs: A Practitioner's Guide to Principles, Processes, and Procedures, co-editor; author of three chapters: "Introduction and Overview," "Maintaining Importation Documents: Recordkeeping Obligations," and "Customs and Border Protection's Examination of Importers' Operations: The Focused Assessment," International Practitioner's Deskbook Series, American Bar Association Books
Michael D. Sherman
International Practitioner's Deskbook Series, American Bar Association Books
Events/Speaking Engagements
Past Events
October 14, 2011, "Comprehensive Iran Sanctions Accountability and Divestment Act (CISADA)" at the Fall 2011 Meeting of the American Bar Association Section of International Law
Michael D. Sherman
May 2005, "U.S. Export Controls and Economic Sanctions - Important Considerations in Selling Abroad," TAGLaw Conference
Michael D. Sherman
December 2003, "Country of Origin for Marking Purposes," FDA and Customs - How to Import FDA-Regulated Goods in Today's Security-Focused Regulatory Environment, Food Drug and Law Institute Conference
Michael D. Sherman