CFIUS Proposed Regulations – Evolution Toward Broad Foreign Investment Screening Continues Apace
September.25.2019
Harry Clark
Partner
华盛顿Harry Clark is Chair of Orrick’s International Trade & Compliance Group. He advises major companies and industry associations on a variety of international trade and investment rules.
Harry is experienced in areas such as CFIUS/Exon-Florio examinations of foreign investment, military and “dual use” export control regulations (ITAR/EAR), economic sanctions administered by the U.S. Treasury Department (OFAC), customs regulations, the Foreign Corrupt Practices Act, anti-money laundering rules, anti-boycott requirements and defense industrial security requirements. He executes internal corporate investigations regarding trade and investment rules and advises on such rules in the context of corporate transactions.
Additionally, Harry has extensive experience with government contracting matters. His government contracting work has included, for example, design and implementation of U.S. Defense Department renewable energy projects. He also represents broad industry coalitions on major trade litigations and international negotiations. His experience in these areas includes a leading role in what is often considered the largest-ever international trade dispute: the controversy regarding unfair softwood lumber imports from Canada. It has involved myriad administrative proceedings before federal agencies, NAFTA panel appeals, WTO dispute proceedings, judicial proceedings and international settlement agreements.
Harry has represented a coalition of major U.S. oil companies in antidumping and countervailing duty litigation. As a related matter, he pursues policy issues with congressional and executive branch officials and advises on international trade rules (e.g., GATT, WTO agreements and NAFTA).
Chambers Global recognizes Harry as a leader in the field of international trade law and has recognized him with special distinctions regarding the Foreign Corrupt Practices Act and export controls. He is also recognized by Chambers USA in the CFIUS Experts category. Clients note that Harry provides "on-point and assertive responses" and is "constantly thinking in business terms."
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Orrick Client Alerts and Blog Posts:
- Co-Author, "Sudan Now Open for Business, but Risks Remain," Securities Litigation, Investigations and Enforcement Blog, November 10, 2017.
- Author, "Suniva/SolarWorld Section 201 Solar Panel Proceeding -- UPDATE," Orrick Client Alert, September 26, 2017.
- Co-Author, "Six Crucial Points About the New Russia, Iran and North Korea-Related Sanctions Law," Orrick Client Alert, August 9, 2017.
- Co-author, "Suniva/SolarWorld Section 201 Solar Panel Proceeding," Orrick Client Alert, June 13, 2017.
- Co-author, "From Exit Threats to Modest Adjustments: What's next for the NAFTA?" Orrick Client Alert, March 30, 2017.
- Author, "ZTE Settlement Highlights Broad Extraterritorial Application of U.S. Sanctions and Export Controls to Non-U.S. Companies," Orrick Client Alert, March 14, 2017.
- Co-author, "Russian Sanctions Update: Flurry of U.S. Government Actions Leading Into Trump Administration," Orrick Client Alert, February 9, 2017.
- Co-author, "Six Crucial Points About the Prohibition on Chinese Investors' Acquisition of U.S. Aixtron Operations," Orrick Client Alert, December 5, 2016.
- Co-Author, “What Happens When My Company Receives a National Security Letter? A Primer,” Orrick's Trust Anchor Blog, October 13, 2016.
- Co-Author, “Six Crucial Points About Iran Sanctions Liberalization,” Orrick Client Alert, January 18, 2016.
- Co-Author, “UPDATE: DoD Cybersecurity Rules Expand Contractors' and Other DoD Awardees' Obligations to Safeguard Sensitive Data and Report Cyber Incidents,” Orrick Client Alert, December 31, 2015.
- Co-Author, “New York State Department of Financial Services Superintendent's Regulations Impose Strict Senior Officer Certification Requirements on Financial Institutions,” Orrick Client Alert, December 22, 2015.
- Co-Author, “DoD Cybersecurity Rules Expand Contractors' and Other DoD Awardees' Obligations to Safeguard Sensitive Data and Report Cyber Incidents,” Orrick Client Alert, December 1, 2015.
- Co-Author, “Conflict Minerals Disclosure for Calendar Year 2015: "Conflict Undeterminable" Generally No Longer Permitted,” Orrick Client Alert, September 29, 2015.
- Co-Author, “Major Expansion of WTO's Information Technology Agreement,” Orrick Client Alert, August 3, 2015.
- Co-Author, “Iran Nuclear Agreement Implications for U.S. and E.U. Sanctions against Iran,” Orrick Client Alert, July 24, 2015.
- Co-Author, “Proposals Seek to Harmonize Military and 'Dual Use' Export Controls; Would Facilitate Cloud Services and the Electronic Transmission and Storage of Data,” Orrick Client Alert, June 11, 2015.
- Co-Author, “Schlumberger and PayPal Settlements Reinforce Breadth of Sanctions Compliance Challenges,” Orrick Client Alert, April 2, 2015.
- Author, “U.S. Export Policy for Commercial and Military Unmanned Aerial Vehicles,” Orrick Client Alert, February 20, 2015.
- Author, “Orrick Monitoring Ukraine and Russia Sanctions – Update,” Orrick Client Alert, March 18, 2014.
- Co-Author, “U. S. Government Penalizes Company for Alleged 'Deemed Export' and Other Technology Export Violations,” Orrick Client Alert, March 7, 2014.
- Co-Author, “United States and EU Establish Sanctions Arrangements to Address Ukraine Developments,” Orrick Client Alert, March 6, 2014.
- Author, “Orrick Monitoring Ukraine and Russia Sanctions,” Orrick Client Alert, March 6, 2014.
- Co-Author, “International Trade & Compliance Advisory: Sanctions Relaxation Implemented for Iran Nuclear Agreement,” Orrick Client Alert, January 22, 2014.
- Co-Author, “The DoD Issues New Interim Rule on PV Devices,” Orrick Client Alert, January 7, 2014.
- Author, “International Trade & Compliance Advisory. New Solar Panel Unfair Trade Cases,” Orrick Client Alert, January 2, 2014.
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