Business Entities - Applying For the Frost Brown Todd s International Trade Regulation Service

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1 International Trade Regulation: General Frost Brown Todd s International Trade Regulation Service Team offers experienced counsel and legal services to Clients whose business interests require specialized knowledge of U.S. Customs policies, import and export rules, new security restrictions, and multi-national trade agreements. In today s global marketplace, multi-national companies must take appropriate steps to ensure that their transactions are compliant with a complex web of government regulations. Failure to obtain proper export licenses or non-compliance with U.S. Customs rules may result in criminal or civil penalties, as well as the revocation of export privileges. Likewise, failure to obey Customs laws and other import regulations can result in significant fines, criminal and administrative penalties, as well as shipment delays. As a result, corporations involved in international transactions are well advised to obtain legal counsel from experienced professionals familiar with the government s regulatory framework. Frost Brown Todd works with clients to develop customized internal policies and procedures that aid company directors, officers, owners, and employees in their efforts to comply with international trade regulations. We advise on: U.S. export controls, including the International Traffic in Arms Regulations ( ITAR ), Export Administration Regulations ( EAR ), Foreign Corrupt Practices Act ( FCPA ) Anti-Boycott Legislation U.S. sanctions and embargos administered by the Office of Foreign Assets Control ( OFAC ) Customs law (from tariff classification to valuation), marking, and duty preference regimes NAFTA CAFTA Other free trade agreements. Since every company has unique international business needs and specific multi-national partnerships, Frost Brown Todd s attorneys develop specialized compliance programs for each corporate client. Frost Brown Todd s team is well equipped to advise on an extensive range of international trade issues including: conducting internal trade compliance audits; preparing of trade compliance policies and procedures; voluntary self-disclosures; and negotiating enforcement penalties.

2 International Trade: Import and Customs In the competitive global marketplace, importers must obtain the optimal duty valuation for their products, while meeting all applicable Customs regulations in order to minimize import delays and potential penalties. Frost Brown Todd s International Trade Service Team counsels clients on all aspects of Customs laws and import regulations. We advise clients on ways to maximize their import margins through classification and valuation, and assist in resolving potentially problematic Customs matters, such as audits, shipment holds and penalty notices. Frost Brown Todd s team has extensive expertise in the following areas of Customs laws: Classification and Valuation. Our attorneys counsel clients on the optimal classification and valuation of their imported merchandise. Such strategic planning can result in significant duty savings, and allow companies to avoid the governmental penalties imposed as a result of misclassification or incorrect valuations. Seizures and Penalties. We advise clients during all stages of Customs enforcement actions, including initial seizures, Requests for Information, Notices of Action, and Penalty Notices. We guide companies through the complex regulatory process of contesting Customs actions (to eliminate or mitigate penalties), while minimizing the impact of such actions on the importers daily business functions. Country of Origin Marking. Imported merchandise is often seized or delayed because of non-compliant country of origin markers on the goods. Our attorneys frequently counsel clients on the various marking rules enforced by Customs especially as such rules apply to the assembly, incorporation, and modification of individual components into a finished item. The Firm also assists clients with Made in the USA markings and challenging competitors improper use of this mark. Trade Preference Programs. Trade preference programs such as NAFTA, CAFTA, and Generalized System of Preferences ( GSP ), provide importers with opportunities for significant duty elimination, reduction or deferment. Frost Brown Todd s attorneys guide clients through the various preferential trade regulatory structures in order to maximize the benefits of these programs to their international transactions. Other regulatory compliance services provided by Frost Brown Todd s International Trade Regulation Service Team include: Compliance with Customs Modernization Act (MOD Act) requirements Customs/Importing/Internal audits and self-assessments Customs and import regulation compliance assessments Customs and import regulation compliance program development Customs and import regulation compliance training and education Antidumping and countervailing duties Record keeping and appraisement Facilitating entry of imported goods Preparing invoice documents Determining dutiable value Evaluating transfer pricing and related party issues Transshipment Grey market importation counseling Intellectual property registration with customs Reasonable care issues Ruling requests and advisory opinions Duty drawback Greg E. Mitchell Member Lexington gmitchell@fbtlaw.com Jan de Beer Member Lexington jdebeer@fbtlaw.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia. THIS IS AN ADVERTISEMENT Frost Brown Todd LLC. All rights reserved.

3 Greg E. Mitchell Member Mr. Greg Mitchell is a Member of Frost Brown Todd LLC and practices in the corporate/commercial area. Mr. Mitchell s practice is concentrated in the areas of commercial and corporate transactions, insurance regulatory matters and insurance insolvency, international regulation and trade (export/import, customs, licensing and technology transfer, sale of goods, foreign investment, structuring of international sales and manufacturing operations, distributorships and joint ventures) and workouts/restructuring. Mr. Mitchell heads the Firm's insurance regulatory practice group, which provides a variety of insurance related legal services, including representation of national insurance carriers in regulatory compliance and licensing matters, including life and health, MEWAs, self-insurance funds, unauthorized insurers and conversions. He regularly attends meetings of the National Association of Insurance Commissioners and his work has been cited numerous times in Mealey's publications. Prior to joining the predecessor to Frost Brown Todd LLC, Mr. Mitchell was associated with the High-Technology/International Trade Practice Group of Buchanan Ingersoll, P.C. and with American Export Group International Services, Inc., a Washington D.C. / Baltimore based export corporation doing business mainly in Western Europe and the Middle East. Experience Counsel for 24 Kentucky hospitals in the second largest case ever tried before the Virginia corporation in the Reciprocal of America insurance insolvency proceeding, which included issues on the guaranty fund system and definition of insurance. Lead counsel on $27 million financial restructuring of the Lexington Financial Center Lead counsel on sale of joint venture interest in the Vine Center Tower Lead counsel on numerous commercial foreclosures/workouts involving multimillion dollar loans, receiverships and lender liability defense issues for various lending institutions, the FDIC, RTC and liquidators Counsel on numerous foreign investment transactions Trial counsel with Grant Cowan in the Nowicki litigation which resulted in $17.3 million judgment (at the time - second largest jury verdict in Eastern District of Kentucky) LEXINGTON gmitchell@fbtlaw.com (Fax) PRACTICE AREAS Corporate/Business Tort Defense and Insurance Health Law International Services Group Financial Institutions Subprime Lending Insurance and Self-Insurance Plans INDUSTRIES Insurance Healthcare Industry Distribution and Logistics CONCENTRATION Insurance Regulation Trade Regulation Business and Corporate Litigation and Administrative Matters Financial Restructuring International Import and Export Issues Risk Management and Corporate Compliance EDUCATION University of Kentucky BA, 1982 George Washington University School of Public and International Affairs Advanced Studies, Fall Spring 1984 Salmon P. Chase College of Law J.D., 1987 BAR MEMBERSHIPS American Bar Association Pennsylvania Bar Association Kentucky Bar Association Fayette County Bar FIRM COMMITTEES Greg E. Mitchell

4 Professional Affiliations Federation of Regulatory Counsel, Inc. Member of INSOL Member of National Society of Professional Insurance Investigators International Association of Insurance Receivers Accredited Insurance Receiver, Legal Member of Association of Insurance Compliance Professionals Member of the Society for International Affairs Fayette County Bar Association Business & Corporate Law, Bankruptcy Law and Intellectual Property & Computer Law Practice Sections Kentucky Bar Association Business Law and Bankruptcy Law Sections American Bar Association Business Law, Intellectual Property Law and Tort & Insurance Practice (Life Insurance Law Committee, Excess, Surplus Lines and Reinsurance Committee, and Insurance Regulation Committee, Self Insurers and Risk Managers Committee), International Law & Practice (Export Controls and Economic Sanctions Committee, Customs Law, Russia-Eurasia Committee, International Trade Committee) Chair, Insurance Industry Service Group Chair, Trade Regulation Service Group Chair, Multilaw Insurance Regulatory Practice Group Member, Multilaw Trade Practice Group LANGUAGES Russian COURTS U.S. Court of International Trade Court of Appeals for the Federal Circuit Sixth Circuit Ninth Circuit U.S. District Court Eastern and Western Districts of Kentucky Eastern and Western Districts of Pennsylvania Supreme Court of Kentucky Supreme Court of Pennsylvania Trade Regulation: Author: The Omnibus Trade and Competitiveness Act of 1988 Legal Notes, December 1988 Co-Author: U.S. - Canadian Free Trade Agreement B. Blair Crawford and Greg E. Mitchell Going International - International Trade for the Nonspecialist, March 1989 Co-Author: 1992 Ogre or Opportunity Greg E. Mitchell and Mike Campbell Pittsburgh is our Business, September 1988 Presentations Presenter: Implementing the Agreement- Or, Making Sure You Get What You Bargained For, When You Bargained For It Minnesota State Bar Association, April 2008 Presenter: The Net: Real or Imagined- How Guaranty Associations and Receivers Should Cooperate in Insurance Insolvencies International Association of Insurance Receivers Annual Conference, February 2007 Presenter: Corporate Compliance, Insurance and Risk Management Louisville Bar Association, June 2007 Greg E. Mitchell

5 Presenter: International Trade Compliance in Global Employment Matters September 2007 Presenter: The Challenges of China as an Exporter - A U.S. Perspective 16th Annual Multilaw Conference, Peoples Republic of China, October 20, 2006 Presenter: Export Controls & Issues International Update Series, December 2002 Presenter: Internationalization of U.S. Commerce Rotary Club, May 1993 Presenter: Legal Aspects of International Trade Kentucky World Trade Convention, 1991 Presenter: U.S. - Canadian Free Trade Agreement Pennsylvania Chamber of Commerce, 1989 Civic & Charitable Organizations Kentucky World Trade Association Bluegrass International Trade Association, Past President Kentucky Science & Technology Corporation Mary Queen of the Holy Rosary School, Past Board Member Barkley Woods Homeowners' Association, Past Board Member Kentucky Middle School Football Association, President Awards and Honors AV Rated, Martindale-Hubbell The Best Lawyers in America, recognized for Insurance Law, Greg E. Mitchell

6 Jan de Beer Member Jan de Beer is a Member at Frost Brown Todd LLC and practices in the firm s Corporate Department. Mr. de Beer concentrates his practice in the area of international regulation and trade with a particular focus on import and export matters, customs regulations, labeling requirements, and transaction licensing. Mr. de Beer has significant experience in counseling clients as to their export licensing obligations under the Department of Commerce s Export Administration Regulations and the Department of State s International Traffic In Arms Regulations. In addition, Mr. de Beer advises companies and individuals in matters relating to U.S. embargoes and sanctions, with experience in both the voluntary disclosure of violations and obtaining appropriate licenses for international transactions. Mr. de Beer also assists companies importing goods into the United States with customs law issues, including classification and valuation of products; Customs duty protests; and country of origin and other labeling requirements. Experience Assisted defense article manufacturers with international trade compliance issues, including: (1) compliance with the International Traffic in Arms Regulations ( ITAR ) and registration hereunder; and (2) performing a general export compliance audits and filing of Voluntary Disclosures for export violations Worked to obtain export licenses from the Bureau of Industry and Security for the export of U.S. products and technology Created and assisted with the implementation of an International Trade Compliance Plans for U.S. manufacturers Prepared Commodity Jurisdiction Requests with both the Directorate of Defense Trade Controls and Bureau of Industry and Security to obtain appropriate classification for exported products LEXINGTON jdebeer@fbtlaw.com (Fax) PRACTICE AREAS Corporate/Business International Services Group CONCENTRATION Corporate EDUCATION University of Virginia BA, 1996 Jefferson Scholar University of Virginia School of Law J.D., 2000 BAR MEMBERSHIPS American Bar Association Kentucky Bar Association Fayette County Bar Association LANGUAGES Afrikaans Dutch Flemish Assisted a client with the licensing of a proposed sale of medical equipment and supplies to hospitals in the Middle East Assisted numerous clients with filing Voluntary Disclosures with the Office of Foreign Assets Control, Directorate of Defense Trade Controls, and Bureau of Industry Security for export compliance violations Led on-site export compliance training seminars to company officers, directors, and employees Assisted with the international service of process and procurement of evidence under (1) the Hague Convention on the Service of Abroad of Judicial and Extra- Jan de Beer

7 Judicial Documents in Civil and Commercial Matters; and (2) the Hague Convention on Taking Evidence Abroad in Civil or Commercial Matters Assisted in the representation of a client before both the International Trade Administration and International Trade Commission in numerous antidumping proceedings, including: (1) a Changed Circumstance Review; (2) a Five-Year Sunset Review of the Antidumping Order; and (3) administrative reviews. Professional Affiliations Kentucky World Trade Center Publications "10+2" Equals Added Requirements, Costs for Carriers and Importers MultiLaw- International Trade, Customs and Commodity Tax Bulletin, March 2009 Bribery, Billions, and Bureaucrats: the FCPA and Its Global Application TradeView, Kentucky World Trade Center's e-newsletter, Summer 2008 Import Anxiety Business Lexington, October 2007 Is my product "Made in the USA"? Business Lexington, July 2007 When is a Person an Export? Business Lexington, May 2007 My company is ready to do business internationally. What has changed since 9/11? Business Lexington, December 2006 Informed Generosity: Donations to Foreign Charities Business Lexington, December 2005 Managing Exporter Liability in a Global Economy Frost Brown Todd Client Advisory December 2005 Trading with the Enemy Frost Brown Todd International Communique, March 2005 Presentations Presenter: Complying with the International Traffic in Arms Regulations (ITAR) Kentucky World Trade Center (KWTC), March 2009 Presenter: International Distribution Agreements Miami Valley International Trade Association (MVITA), November 2008 Presenter: Exporting to the European Union - An Overview Kentucky World Trade Center: European Global Business Network, July 2008 Presenter: International Trade: Hot Topics Frost Brown Todd, CLE Event, October 2007 Presenter: Deemed Exports Jan de Beer

8 Frost Brown Todd, CLE Event, May 2007 Presenter: International Trade: Legal Issues and Concerns Edison Materials Technology Center, Dayton, Ohio, December 2006 Civic & Charitable Organizations University of Virginia Alumni Association President Tates Creek Presbyterian Church Deacon Awards and Honors Law360's Top Ten International Trade Attorneys Under 40 to Watch, 2010 Jan de Beer