Mr. Ray is an international trade attorney in the Government Contracts, Investigations & International Trade Practice Group and divides his time between the firm's Del Mar and Washington D.C., offices. He is dual-qualified as an English solicitor (non-practicing) and California attorney.
Areas of Practice
Mr. Ray counsels clients on the full range of U.S. and EU international trade and investment matters, and has substantial experience with export controls (EAR/ITAR), economic sanctions (OFAC), and customs laws and regulations (e.g. U.S. and EU FTAs). Mr. Ray also advises clients on a range of international trade compliance issues including laws and regulations concerning anti-bribery/anti-corruption, antitrust, privacy, cross-border data transfer, and the use of conflict minerals.
Mr. Ray has developed risk-based international compliance programs, conducted internal investigations, and has substantial experience in defending companies against U.S. government investigations. He has also assisted clients in connection with determining export jurisdiction and classification, due diligence for corporate transactions, and advocacy before governmental agencies.
Acting as international trade counsel to one of the world’s largest engineering, construction, and technical and management services firms which has included advising on the application of U.S.-UK Defense Treaty provisions; ITAR issues related to the design, planning and construction of military and nuclear facilities; exemptions for exporting ITAR-controlled defense articles for delivery to DoD government installation overseas; encryption software reporting requirements for exports under EAR; EU sanctions related to Libya; deemed export control issues relating to the hire of foreign employees who handle, treat and dispose of hazardous chemicals; and, due diligence relating to new acquisitions.
Acting as international economic sanctions counsel to one of the lead satellite broadcasting and telecommunications companies in Asia Pacific which includes advising on the application of U.S. and EU sanctions to providers of satellite communications services to sanctioned countries, and the implications of commercial satellite export control reform.
Counseling a Chinese multinational networking and telecommunications equipment and services company on the application of U.S. and EU restrictions on the sale of communication products, services and technologies to sanctioned countries and permissible payment methods; the jurisdictional reach of the FCPA to the company’s global activities; and potential implications of national security investigations by U.S. Congress and potential anti-subsidy / countervailing duty suit by European Commission.
Advising a U.S.-based office supplier on a range of UK and U.S. customs matters such as standard of care related to proof of origin declarations; preferential duty rates; mitigation of customs penalties; rates of ADD and CVD on common office supply products; use of licensed broker from affiliate company to file on behalf of related subsidiary; participation in Miscellaneous Tariff Bills (MTBs) process to request the temporary reduction or suspension of duties on certain U.S. imports; and C-TPAT compliance advice.
Acting as international trade counsel to a global supplier of photonics technology and products on a wide variety of matters which have included advising on U.S. export issues related to export of electronic products destined for Israeli-based customer; export of EAR99 U.S.-origin goods to third country for incorporation into potential non-EAR99 item for potential transshipment to sanctioned countries; whether to continue open shipments to newly added SDNs; research and analysis of potential classification of new products and technologies; and, deemed export control issues relating to the hire of foreign employees.
Acting as international economic sanctions counsel to a leading global pharmaceutical company which includes advising on the application of U.S. and EU sanctions to the sale of medical products by U.S. entities and foreign subsidiaries to sanctioned countries; application of OFAC’s TSRA licensing program; and, related foreign payment restrictions. Also conducted due diligence for acquisition of private European pharma company.
Advising a U.S. based, leading supplier of high-quality analog and mixed-signal semiconductor products on a wide range of export control issues which has included advice on U.S. and EU export control issues relating to Product Development and Licensing Agreements for high performance analogue-to-digital converters (ADCs) which required technical disclosures to foreign employees in the U.S. and employees of subsidiary companies in foreign companies for ultimate end-use in telecommunications equipment in Israel and analysis of re-export control exceptions for the exportation of U.S. origin goods incorporated into a foreign-made good in a third country.
Acting as U.S. customs counsel to a leading regional U.S. airline which has included advising on application for U.S. customs approval to expand air cargo facilities at airports nationwide; exemptions to the electronic export filing requirements; compliance procedures for the Maintenance and Engineering group to move parts and other items to and from the U.S.; and compliance procedures for transportation of chemicals subject to export control.
Acted as international trade counsel to a leading developer and licensor of 3D cinema technology on a wide range of matters including conducting international customs investigation and compliance and, advising on its suppliers’ compliance with SEC conflict mineral rules.
Counseling Korean financial institution with U.S. branch on how to structure transactions with certain Burmese banks in view of OFAC’s Burmese Sanctions Regulations and General Licenses.
Acting as international trade counsel to leading U.S. industrial supply company including advice on compliance with SEC conflict mineral rules.
Advised a leading Mexican chain of retail stores on a U.S. Customs seizure matter involving alleged breach of copyright protection which required drafting petitions to obtain relief from U.S. Customs forfeiture.
Advised leading U.S. manufacturer of biomedical laboratory instruments on the export control implications of a diagnostic tool that allows for remote review and diagnosis of medical instrument issues, and remote repair and upgrades to medical devices. and liaised with USTR and local counsel in Ukraine and Russian Federation on local import control legislation and possible exemptions from import licensing requirements.
Advising U.S. subsidiary of leading Japanese-based auto manufacturer on a wide range of free trade agreement issues including NAFTA matters which has included advice on various post-importation NAFTA issues, and the importer’s duty to verify qualification for NAFTA treatment claimed in a NAFTA CO and advice on KORUS issues including qualifying originating goods under the net cost method.
Advising one of the world's leading manufacturers of packaging products on obtaining an export control license for foreign nationals, currency exchange and foreign payment issues relating to foreign-based suppliers and various U.S. Customs issues.
Acting as international trade counsel to a French-based company entity specializing in international online fashion and home furnishing distribution on a wide range of matters including advising on methods to transfer personal data from the EU to the US (such as US-EU Safe Harbor); compliance with UK Bribery Act; U.S. customs rules on unused merchandize drawback; and, coordinating global advice on internet price, marketing and privacy disclosures in new markets.
Advised international mobile and web software company on the methods of transferring personal data from the EU to the U.S. and other third countries.
Advised Japanese-based technology company on designing, developing, implementing, training and auditing global data privacy policies and procedures, in particular, advising on how to transfer personal data from the EU to non-EU jurisdictions.
Advised global company specializing in products for the construction industry on various NAFTA compliance issues, in particular, counseling on how to calculate and certify manufactured products as NAFTA-originating based on RVC method.
Represented leading Spanish telecommunication infrastructures and services company on ITAR clearance for sale of shares in a third party commercial satellite operator.
Publications & News
•Co-author, An Outline of the Principal U.S. Export Controls and Current Export Control Reforms, October 17, 2012
•Author, Why You Need a Robust EU Antitrust Compliance Program & How to Implement It, Corporate Compliance Insights, April 12, 2012
Global Trade Law Blog Posts
•Add Importers to Those Facing Expanding Whistleblower Claims under the False Claims Act, March 5, 2015
•New Russian Sanctions Legislation, December 19, 2014
•Mandatory Reporting of Foreign Direct Investments in the U.S., December 19, 2014
•China and Australia Conclude Landmark Free Trade Agreement Negotiations, November 25, 2014
•EU Strengthens Economic Sanctions Against Russia, September 18, 2014
•Data Privacy Alert: Prepare for Changes to the US-EU Safe Harbor, May 1, 2014
•Export Control Reforms Leads to Changes in Permanent Import Regime of Defense Articles and Services, August 19, 2013
•EU Targets Cyber Surveillance Exports and U.S. Considers Cyber Weapon Controls, August 19, 2013
•EU’s New Sanctions Target Iran’s Oil Industry, January 30, 2012
Government Contracts, Investigations & International Trade Blog Posts
•The Long Arm Of The Crown: New U.K. Anti-Bribery Law Reaches Private Sector Bribery And Creates Offence Of Failing To Prevent Bribery, June 14, 2010