Alan F. Enslen. Overview. Shareholder

Transcription

1 ALAN F. ENSLEN Shareholder Birmingham T: E: Washington T: Alan Enslen leads Baker Donelson's International Trade Practice and is a member of the Global Business Team. He focuses his practice on international trade strategies, government investigations and regulatory enforcement, and global trade disputes in the commercial and defense sectors. Overview Alan represents clients in international trade and national security matters, government enforcement and investigations, and trade remedy disputes. International Trade Strategies Alan represents clients in all areas of international trade, including: Export Controls (ITAR/EAR and E.U. Dual-Use Controls) Economic/Trade Sanctions Programs (OFAC) Customs/Import Controls and CBP Seizure/Forfeiture Actions Trade Remedy Disputes (AD/CVD and 232 and 301 Tariff Strategies) Global Anti-Corruption Laws (FCPA and UKBA) Foreign Direct Investment/National Security Reviews (CFIUS) Foreign Agents Registration Act (FARA) Requirements National Industrial Security (NISPOM) Standards Anti-Money Laundering (AML) Compliance Arms Industry Munitions Trade Compliance (ATF) Anti-Boycott Restrictions (Commerce and Treasury) Aerospace and Autonomous Systems Development Strategies Defense and Global Security Assistance Project Strategies Trade Agreements and Foreign Market Access Strategies Alan helps clients "get to yes" and capitalize international market opportunities by guiding them through the necessary international trade requirements in a manner consistent with their risk tolerance and business objectives. This often involves the establishment of tailored international trade compliance and risk mitigation strategies; advice on international product development, classification, and licensing issues; guidance on the simultaneous navigation of multiple regulatory regimes; and identification of new market opportunities in both commercial and defense sectors created by U.S. export control reforms or free trade agreements. Government Investigations and Regulatory Enforcement 1

2 Alan assists clients with internal and government investigations of trade-related matters, including potential violations of export controls, embargoes/trade sanctions programs, customs regulations, and global anti-corruption laws, as well as unsanctioned foreign boycott requests and CFIUS/national security reviews. He has successfully represented dozens of clients through voluntary disclosure and penalty mitigation processes, and handles enforcement disputes before the Directorate of Defense Trade Controls (DDTC), the Bureau of Industry and Security (BIS), the Office of Foreign Assets Control (OFAC), the Defense Technology Security Administration (DTSA), U.S. Customs and Border Protection (CBP), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). He has also represented clients during external investigations by the U.S. Securities and Exchange Commission. Alan represents former military personnel before the U.S. Department of Defense and other government agencies in connection with their obligations to the U.S. government regarding the non-disclosure of classified information. Global Trade Disputes Alan represents domestic and non-u.s. clients in antidumping and countervailing duty litigation, including investigations, annual reviews, and scope rulings. He has litigated asset forfeiture cases in the U.S. District Court for the Southern District of New York and before U.S. Customs and Border Protection. He has also handled disputes for clients involving intergovernmental organizations, including contractual disputes with the North Atlantic Treaty Organization (NATO), as well as cross-border commercial disputes. Alan has represented clients before Congress and other federal agencies on matters involving international relations, including initiatives focused on advancing political, economic, and human rights reforms in Central Asia. Professional Honors & Activities Member Alabama District Export Council Member Birmingham Business Alliance International Trade Council Board Member North Alabama International Trade Association (NAITA) Member National Defense Industrial Association (NDIA) Member Association of the United States Army (AUSA) Member Global Special Operations Forces (SOF) Foundation Member American Bar Association Member Alabama Bar Association Member District of Columbia Bar Association Member Birmingham Bar Association Supporter Special Operations Warrior Foundation Military Service 2

3 Alan served 28 years as an officer in the United States Army. Before attending law school, he served on active duty as an infantry officer in the 82nd Airborne Division at Fort Bragg and as a special forces (green beret) officer in the 10th Special Forces Group in Germany. He continued to serve as an SF officer in the reserves until being recalled to active duty in 2001 and deploying on Operation Enduring Freedom. Alan's last assignment was to the United States Special Operations Command at MacDill AFB in Tampa, Florida. Publications "Trump Spending Package Establishes New Section 301 "List 3" Tariff Exclusion Process; Improved Section 232 Exclusion Reviews" (February 2019) "BIS Requests Comments on "Emerging" Technologies for CFIUS and Export Control Reforms" (November 2018) "U.S. Economic Sanctions Update: Iran Nuclear Sanctions Re-Imposed; Russia Chemical Weapons Sanctions Timeline Unclear" (November 2018) "NAFTA Renegotiation Concluded: Introducing the USMCA" (October 2018) "Introducing: The New CFIUS Requirements, as Approved by the U.S. House and Senate" (August 2018) "Balancing Free Trade with National Security," The Alabama Lawyer (March 2013) Speaking Engagements "FIRRMA Implementation Challenges: CFIUS National Security Reviews and Export Controls for Critical Technologies," Association for Corporate Growth (ACG), Shanghai, China (December 2018) "U.S. Economic Sanctions against Iran: Mitigating the Risk of Secondary Sanctions," Shandong Corporate Legal Risk Association, Jinan, Shandong Province, China (December 2018) "Update on U.S. CFIUS Review Process, Export Controls, and Economic/Trade Sanctions Programs," Jointide Law Firm, Qingdao, Shandong Province, China (December 2018) "CFIUS Pilot Program and U.S. Economic/Trade Sanctions Challenges and Solutions," Fangda Partners, Shanghai, China (December 2018) "Recent Developments Regarding Import Tariffs, CFIUS, Export Controls and Sanctions: US, EU and Canada," TerraLex Webinar (December 2018) "Import Tariff Status and Exclusion Strategies, Changes to Foreign Direct Investment/CFIUS Reviews, the USMCA (the "new NAFTA"), and Developments to Key U.S. Economic and Trade Sanctions Programs," Independent Distributor Association's Annual Convention, Nashville, Tennessee (October 2018) "Protecting Export Opportunities for Autonomous Systems," Drone World Expo 2017, San Jose (November 2017) 3

4 "Economic Sanctions: New Markets Bring New Challenges," North Alabama International Trade Association's 2017 Export Control Update Conference, Huntsville, Alabama (September 2017) Moderator "U.S. Government Defense and Space Programs with Foreign Participation FMS v. DCS," North Alabama International Trade Association's 2017 Export Control Update Conference, Huntsville, Alabama (September 2017) "Managing Risk and Preserving Opportunity: Export Controls and the NISPOM," Client International Trade Seminar, Birmingham, Alabama (March 2017) "Ethical Issues Relating to Economic Sanctions Risks," Association of Corporate Counsel (Alabama Chapter), Birmingham, Alabama (November 2016) "The Intersection of Technical and Legal Considerations in Commercial Drones," Drone World Expo 2016, San Jose, California (November 2016) "Risk Mitigation Strategies for U.S. Economic/Trade Sanctions," Client International Trade Seminar, Savannah, Georgia (September 2016) "Managing Third-Party Anti-Corruption Risk in Global Trade," Client International Trade Seminar, Savannah, Georgia (September 2016) "U.S. Economic Sanctions and Export Control Reform," Doing Business in Cuba Seminar, Mobile, Alabama (September 2016) "Global Anti-Corruption," Client International Business Seminar, Montgomery, Alabama (August 2016) "International Contracting: Business Practices, Legal Parameters, and Financial Considerations," i4govcon Summit, Tampa, Florida (March 2016) "U.S. Export Controls: Defense, Dual-Use, and Reforms," Defense Acquisition University Winter Update, Huntsville, Alabama (February 2016) "U.S. International Trade Compliance and Risk Mitigation," Export Alabama Alliance International Trade Leadership Series (December 2015) "U.S. Export Controls and Risk Mitigation," University of Alabama in Huntsville, Huntsville, Alabama (October 2015) "Regulatory Framework of U.S. International Trade Controls," North Alabama International Trade Association's 2015 Export Control Update Conference, Huntsville, Alabama (September 2015) "International Trade Risk Mitigation," Lebanese American University New York Academic Center (August 2015) "Multilateral Free Trade Agreements," Birmingham Business Alliance International Trade Council, Birmingham, Alabama (June 2015) "Legal Aspects of International Business: Import and Export Controls," Export Alabama Alliance International Trade Leadership Series, Huntsville, Alabama (May 2015) "Mitigating Business Risk in Sub-Saharan Africa," Gulf Coast Trade Alliance's World Trade Conference 2015: Doing Business in Africa, Pensacola, Florida (April 2015) "Export Control Reform," Birmingham Business Alliance, Birmingham, Alabama (March 2015) 4

5 "How Export Control Reform has Changed the Compliance Landscape for Commercial/Dual-Use Exports," BAFT Southeast Global Trade Finance Workshop, Tampa, Florida (February 2015) Education Georgetown University Law Center, LL.M. in International Trade Law, 1998, with distinction University of Alabama School of Law, J.D., 1997, magna cum laude Alabama Law Review Order of the Coif Hugo L. Black Scholar Auburn University, B.S. in Business Administration, 1986 Distinguished Military Graduate Admissions Alabama, 1997 Washington, D.C., 1998 U.S. Court of Appeals: Eleventh Circuit, Federal Circuit, 1998 U.S. District Court: Alabama (Middle, Northern, Southern), 1998 U.S. Court of Federal Claims, 2001 U.S. Court of International Trade,