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| Phone: (202) 342-8841 |
Fax: (202) 342-8451 |
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Eric McClafferty is an international trade attorney with substantial expertise in export controls and compliance. He advises clients on export licensing and classification, performs due diligence export compliance reviews as well as establishes compliance programs and training, and guides clients through export enforcement investigations and penalty negotiations. His expertise extends to the rules relating to trade with embargoed countries and entities, and other national security and foreign policy controls. Mr. McClafferty advises the Department of Commerce on export controls matters as a member of the agency’s Materials Technical Advisory Committee.
Mr. McClafferty has represented and advised exporters of industrial, high-technology, and agricultural products such as chemical processing equipment; computers; satellite software and components; semiconductors; specialty metals, powders, and alloys; nuclear power plant components; and oil and gas. He has worked with all the principal export control agencies of the United States government, including the Department of Commerce’s Bureau of Industry and Security (BIS), the Department of Treasury’s Office of Foreign Assets Control (OFAC), the Nuclear Regulatory Commission (NRC), the Department of Energy (DOE), the Department of State’s Directorate of Defense Trade Controls (DDTC), and counterparts at the Department of Defense (DOD).
In addition, Mr. McClafferty has represented companies regarding Foreign Corrupt Practices Act (FCPA) matters, including internal investigations, as well as domestic producers and importers in antidumping and countervailing duty proceedings before the International Trade Administration (ITA) and International Trade Commission (ITC). He has worked with the Office of the United States Trade Representative (USTR) on foreign market access issues, section 301 actions, and Generalized System of Preferences (GSP) petitions and reviews. Mr. McClafferty also has extensive experience in World Trade Organization matters, including dispute settlement issues. He has advised corporations concerning a wide variety of issues before the U.S. Customs Service and regularly appears on behalf of clients before the U.S. Court of International Trade and the Court of Appeals for the Federal Circuit. |
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Representative Experience:
Mr. McClafferty's experience includes:
- Export compliance counseling for foreign and domestic companies, including the development of compliance programs and assistance with enforcement and penalty issues.
- Serving as counsel to the U.S. specialty steel industry, semiconductor producers, and many other U.S. industries;
- Defending U.S. importers in Customs proceedings;
- Counseling on Foreign Corrupt Practices Act matters;
- Advising petroleum and gas producers, steel producers, semiconductor companies, U.S. distillers, and others concerning WTO issues.
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Professional Activities:
In December 2006, Secretary of Commerce Carlos Gutierrez appointed Mr. McClafferty to the Materials Technical Advisory Committee. As a committee member, Mr. McClafferty advises the Commerce Department regarding export controls on chemicals, biotechnology items, metals, exotic materials, and materials processing equipment. |
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Publications:
"Self Defense: How exporters should manage relationships with third parties to minimize liability risks," Shipping Digest , October 2008.
"The U.S. Cracks Down on Valve Export Controls," Valve Magazine, Fall 2005.
"DoC Restricts Chemical Equipment Exports," Flow Control Online, 12 August 2005.
"The Surge in International Trade Litigation," The Material Handling Equipment Distributors Association Journal Online (Vol. 34, No. 3), Summer 2005.
"Exporting the Chemical Process: Security Measures Threaten Manufacturers and Users Alike," Flow Control (Vol. 9, No. 5) May 2005.
"Globalization: Opportunities and Traps in International Trade," Chemical Equipment, March 2004. |
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Speaking Engagements:
"Managing Exporter/Foreign Third Party Relationships to Minimize Liability Risks," American Conference Institute's 10th National Forum on Export Controls, Washington, DC, May 15 - 16, 2007.
"Export Controls," CEO Roundtable at the Hydraulic Institute's Annual Meeting, San Antonio, Texas, February 27, 2007. |
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Prior Positions:
Mr. McClafferty served in the United States, in The Hague, The Netherlands, and in Geneva, Switzerland as a Foreign Service Officer with the U.S. Department of State from 1984-1993. |
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Bar Admissions:
District of Columbia
Maryland
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| Education:
University of Virginia, JD, 1996
University of Michigan, MA, 1982
University of Michigan, BA, 1980
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Pro Bono:
Mr. McClafferty's pro bono activities include service as a member of the Board of Directors and general counsel of Step Up, Inc., an international development organization. In addition, Mr. McClafferty has served as a volunteer attorney at the Washington Legal Clinic for the Homeless. |
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Office Location:
Washington Harbour, Suite 400
3050 K Street, NW
Washington, DC 20007-5108
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