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Thad McBride advises public and private companies on the legal considerations essential to successful business operations in a global marketplace. He focuses his practice on counseling clients on compliance with U.S. export regulations (ITAR and EAR), economic sanctions and embargoes, import controls (CBP), and the Foreign Corrupt Practices Act (FCPA). He also advises clients on anti-boycott controls, and assists companies with matters involving the Committee on Foreign Investment in the United States (CFIUS). Thad supports international companies across a range of industries, including aviation, automotive, defense, energy, financial services, manufacturing, medical devices, oilfield services, professional services, research and development, retail, and technology. Beyond advising on day-to-day compliance matters, Thad regularly assists clients in investigations and enforcement actions brought by government agencies, including the U.S. Department of Justice (DOJ), the U.S. Treasury Department Office of Foreign Assets Control (OFAC), the U.S. State Department Directorate of Defense Trade Controls (DDTC), Customs and Border Protection (CBP), the U.S. Commerce Department Bureau of Industry & Security (BIS), and the Securities & Exchange Commission.

I will join Brian Mulier (Bird & Bird LLP) and Keith Huffman (SAP) to present a workshop titled “A Multi-Jurisdictional Discussion of Export Controls on China, Russia and Belarus: Contrasting US, UK and EU Restrictions” on Monday, November 14 from 1:30-5:00 pm at the London Forum on Global Econonic Sanctions being held at the Millennium Gloucester Hotel.

Continue Reading Register Now | A Multi-Jurisdictional Discussion of Export Controls on China, Russia and Belarus: Contrasting US, UK and EU Restrictions

I will join Lexia Krown, Vice President Global Trade Compliance at ESAB Corporation to present a workshop titled “The Ins and Outs of EAR Licensing Exceptions: How to Determine If, When and How They Apply” on Thursday, October 20 from 1:00-4:30 pm  ET as part of the ACI Proficiency Series: Export Administration Regulations.

Continue Reading Register Now | The Ins and Outs of EAR Licensing Exceptions: How to Determine If, When and How They Apply

The Bass, Berry & Sims international trade team is actively monitoring the situation in Russia and Ukraine and providing real-time advice to clients on managing the situation. This post summarizes new U.S. sanctions and export restrictions as of Monday, October 3. This post supplements our previous summaries, which are available by following the links at the end of this blog post.

Commerce Adds Iranian Aircraft to List of Aircraft Operated in Violation of the EAR

On September 19, the Commerce Department’s Bureau of Industry and Security (BIS) updated its growing list of aircraft that have flown into Russia and/or Belarus in apparent violation of the Export Administration Regulations (EAR). As discussed previously, these aircraft are essentially off limits for any person to service (or operate), given that nearly any dealing with respect to such an aircraft would violate General Prohibition 10 of the EAR.

Continue Reading Russia, Ukraine: Update as of October 3

The Bass, Berry & Sims international trade team is actively monitoring the situation in Russia and Ukraine and providing real-time advice to clients on managing the situation. This post summarizes new U.S. sanctions and export restrictions as of Tuesday, August 9. This post supplements our previous summaries, which are available by following the links at the end of this blog post.

Treasury Targets Broad Range of Entities in Recent Round of Sanctions

On August 2, acting pursuant to Executive Order 14024, the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) announced sanctions designating members of the Russian elite, a multinational corporation, and sanctions evaders.

Continue Reading Russia, Ukraine: Update as of August 9

On August 9, President Biden plans to sign the CHIPS and Science Act into law in the White House Rose Garden. The bill provides $52.7 billion in subsidies and incentives to domestic semiconductor manufacturers to strengthen existing supply chains and better compete with China. While details of the bill have been debated as the legislation has gone through multiple rounds of revisions and edits, elected officials have remained focused on the goal of enacting a bill that ensures funding to promote domestic rather than non-U.S. business. To realize those ambitions, the legislative authors took a page from the Committee on Foreign Investment in the United States’ (CIFUS) playbook, producing a quasi-outbound investment screening mechanism that could bring big changes.

Continue Reading Chipping Away at Trade: New Tool Could Bring Big Changes

The Bass, Berry & Sims international trade team is actively monitoring the situation in Russia and Ukraine and providing real-time advice to clients on managing the situation. This post summarizes new U.S. sanctions and export restrictions as of Thursday, July 7. This post supplements our previous summaries, which are available by following the links at the end of this blog post.

Commerce Department Continues to Target Airlines, Entities; OFAC Extends Sanctions to New Parties, Imports of Gold

On June 24, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) issued Temporary Denial Orders (TDOs) against an additional three Russian airlines: Nordwind Airlines, Pobeda Airlines, and S7 Airlines. BIS cited apparent ongoing violations of the comprehensive export controls imposed on Russia. Under these TDOs, the airlines are banned from participating in transactions subject to the Export Administration Regulations (EAR), including exports from the United States and re-exports from abroad. The TDOs initially run for 180 days but will likely be extended.

Continue Reading Russia, Ukraine: Update as of July 7

Since late March, the U.S. government has announced several significant enforcement actions under the Foreign Corrupt Practices Act (FCPA), the main U.S. law that prohibits bribery of non-U.S. government officials.

Often working in coordination with its enforcement counterparts in other parts of the world, the U.S. Justice Department (DOJ) and Securities & Exchange Commission (SEC) have resolved three notable matters against companies, and pursued one individual enforcement matter. The alleged bribery involved in these matters occurred in multiple countries in Africa and South America.

Continue Reading Update on FCPA Enforcement: First Half of 2022 Sees Major Enforcement Action

I am looking forward to co-presenting on a panel titled “Economic Sanctions, FCPA-and the Impact on Distributor and More Third-Party Relationships: Leveraging Screening and Compliance Resources to Reduce DoJ, SEC and OFAC Penalty Risks” at the FCPA & Anti-Corruption for the Life Sciences Industry Conference presented by The American Conference Institute. The conference will take place July 21-22, 2022 at the Omni Parker House in Boston, Massachusetts. I will be presenting with Channing Landreth of LabCorp and J. Patrick Rowan of McGuireWoods.
Continue Reading FCPA & Anti-Corruption for the Life Sciences Industry Conference

The Bass, Berry & Sims international trade team is actively monitoring the situation in Russia and Ukraine and providing real-time advice to clients on managing the situation. This post summarizes new U.S. sanctions and export restrictions as of Monday, June 6. This post supplements our previous summaries, which are available by following the links at the end of this blog post.

Commerce Department Issues Final Rule Refining the Export Administration Regulations and Improving Transparency in Export Enforcement Cases

EAR Amendments and Clarifications

On June 2, the U.S. Commerce Department, Bureau of Industry and Security (BIS) issued a final rule refining certain provisions of the Export Administration Regulations (EAR).

Several portions of the rule expand and refine the EAR restrictions related to Russia and Belarus.

Continue Reading Russia, Ukraine: Update as of June 6

The Bass, Berry & Sims international trade team is actively monitoring the situation in Russia and Ukraine and providing real-time advice to clients on managing the situation. This post summarizes new U.S. sanctions and export restrictions as of Wednesday, June 1. This post supplements our previous summaries, which are available by following the links at the end of this blog post.

Commerce Department Issues Temporary Denial Order against Rossiya, the Fifth Russian Airline to Face Export Restrictions

On May 20, the U.S. Commerce Department, Bureau of Industry & Security (BIS) issued a temporary denial order (TDO) against Rossiya citing ongoing violations of the comprehensive U.S. export controls imposed on Russia. Rossiya is headquartered in St. Petersburg and, according to BIS, has operated multiple U.S.-origin aircraft subject to the Export Administration Regulations (EAR) into and out of Russia without the required BIS authorization.

Continue Reading Russia, Ukraine: Update as of June 1