Michelle Schulz. Co-Chair, International and International Trade, Partner, Corporate

Transcription

1 Michelle Schulz Co-Chair, International and International Trade, Partner, Corporate Michelle Schulz represents primarily Fortune 500 companies, large defense and aerospace contractors, manufacturers, and oil and gas companies in international trade compliance and enforcement matters, including U.S. government investigations, internal audits, disclosures, licensing and counseling on international trade regulations governing exports and imports. Her work focuses on the export and import of dual-use items and defense articles, software and technology. Michelle primarily focuses her practice on: International Traffic in Arms Regulations (ITAR) Export Administration Regulations (EAR) Foreign Trade Regulations (FTR) Customs Regulations Foreign Corrupt Practices Act (FCPA) Various embargo and sanctions programs administered by the Treasury Department's Office of Foreign Assets Control (OFAC) Under the U.S. Secretary of Commerce, Michelle serves on the President s Export Council Subcommittee for Export Administration (PECSEA), a senior-level advisory body to the U.S. Department of Commerce and, in particular, its Bureau of Industry and Security. In addition, she serves as an advisor to the U.S. Secretary of Commerce and the U.S. Trade Representative on the Industry Trade Advisory Committee for Aerospace. Michelle holds a secret level security clearance. Viewed as an excellent communicator, Michelle is frequently hired to review processes, make significant adjustments and improve trade compliance. On the front-end of a crisis, she designs much-needed procedures on export and import processes, conducts compliance training, analyses classifications, prepares license applications and advises clients on how best to limit risk exposure. Clients that are focused on prevention can avoid missteps, but many don t look up until there is a crisis. Michelle often works with companies seeking to do business in the U.S., or ship to and from the U.S., Asia, Europe, South America, Mexico and worldwide. Shipments of cargo, freight and aircraft are virtually always time sensitive. Michelle advises clients to pay attention to the supply chain issues. She has the business background to view both the operational issues and the regulatory concerns. Michelle also has hands-on enforcement experience with the FCPA, including experience working with the U.S. Department of Justice. She advises clients on FCPA compliance and works closely with a forensic accounting firm, including certified fraud examiners. Michelle is skilled at helping clients keep up with the horizon issues and regulatory t f mschulz@gardere.com Dallas 3000 Thanksgiving Tower 1601 Elm Street Dallas, Texas t f Houston 2000 Wells Fargo Plaza 1000 Louisiana Street Houston, Texas t f Practices Committee on Foreign Investment in the United States Corporate Foreign Corrupt Practices Act International International Trade North American Free Trade Agreement Education J.D., The University of Texas School of Law (2001) Board Member, Texas International Law Journal Board Member, Asian Law Students Association Board Member, International Law Society Exchange Student, University of Leiden, The

2 changes that occur every year. Important agency and regulatory experience includes: U.S. Department of Commerce Bureau of Industry and Security (BIS) U.S. Department of State Directorate of Defense Trade Controls (DDTC) U.S. Census Bureau U.S. Customs and Border Protection (CBP) U.S. Department of Justice (DOJ) North American Free Trade Agreement (NAFTA) Harmonized Tariff Schedule (HTS) Customs-Trade Partnership Against Terrorism (C-TPAT) Foreign-Trade Zone establishment and compliance (FTZ) Committee on Foreign Investment in the U.S. (CFIUS) Experience Prepared and filed concurrent voluntary disclosures under the International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR) and Foreign Trade Regulations (FTR) with no penalties Represented client in U.S. Bureau of Industry and Security (BIS) interviews and extensive export enforcement investigation with no penalties Represented client in BIS site visit in connection with EAR voluntary self-disclosure, with no penalties Prepared and filed license applications for exports of dual-use equipment to China Obtained Chinese Ministry of Commerce (MOFCOM) Certificates for dual-use exports Guided company through development of new export compliance procedures for routed exports in complex multi-tiered international transactions Completed case-by-case compliance assessments of technology for global corporation Represented exporter before U.S. Department of Justice in Foreign Corrupt Practices Act (FCPA) in enforcement matter, closing the case with no penalties Represented exporter before BIS Office of Antiboycott Compliance in investigation of letters of credit and negotiated reduced penalty Successfully prepared ITAR export license applications and Technical Assistance agreements (TAAs) for U.S. exporter Applied for and received approval of export license from the Office of Foreign Assets Control (OFAC) Prepared and filed voluntary disclosure of violations to OFAC with no penalties Completed transfer pricing analysis for purposes of Customs valuation and coordinated with U.S. Customs and Border Protection (CBP) to confirm appropriate valuation method Represented textile company in complex North American Free Netherlands, Internatio nal Law M.A., Vanderbilt University (1998) German Selected, Fulbright Educational Exchange Program, Vienna, Austria (volunteered for reconstruction project for Bosnia through American Embassy of Vienna) Delta Phi Alpha Honors Society Tulane University, magna cum laude (1995) German French Literature Member, Phi Beta Kappa Member, Mortar Board National College Honor Society Exchange Student, Université de Paris-IV Sorbonne, Paris, France Exchange Student, Lessing-Kolleg, Marburg, Germany Languages German French

3 Trade Agreement (NAFTA) qualification matter before U.S. Customs and Border Protection Negotiated substantially reduced penalty for company under investigation for NAFTA marking errors Conducted feasibility study and prepared application for Foreign- Trade Zone to take advantage of inverted tariff benefits Obtained favorable tariff classification ruling from U.S. Customs and Border Protection (CBP) in the oil and gas industry Guided Travel Service Provider (TSP) through implementation of new programs under Cuban Assets Control Regulations (CACR) Successfully completed Customs Trade Partnership Against Terrorism (C-TPAT) application for global importer, including development of C-TPAT compliance manual and compliance training Conducted on-site compliance audit of Foreign Trade Zone (FTZ) processes and procedures for large international company Assisting Mexican clients with commercial dispute over custom house brokerage duties Represented whistleblower in export enforcement matter Professional & Community Professional Affiliations Chair, PECSEA Data Transmission and Security Subcommittee, President's Export Council Subcommittee on Export Administration, Advisory Council to U.S. Department of Commerce Member, Outreach Subcommittee, PECSEA Member, Industry Trade Advisory Committee on Aerospace (ITAC 1), Advisory Committee to U.S. Department of Commerce and U.S. Trade Representative Member, State Bar of Texas Treasurer and Chair-Elect, International Law Section (2016) Member, Asian Pacific Interest Section Board of Directors, D/FW French-American Chamber of Commerce Secretary, Executive Committee Board of Directors, Dallas Challenge, Inc. Mentor, Institute for the Economic Empowerment of Women Member, Society for International Affairs Member, American Association of Exporters and Importers Member, Export Compliance and Facilitation Committee Member, International Compliance Professionals Association Former Vice Chair, Dallas Regional Chamber Trade Development Committee Former Vice President of Legal, Dallas/Fort Worth Organization of Women in International Trade Former Member, Customs Operation Advisory Committee Subcommittee on Bands and Penalties Former Member, Trade Support Network

4 Former Co-Chair, American Immigration Lawyers Association, Dallas section Former Adjunct Professor, International Business Law, Richland College Recipient, Thunderation Teaching Award (2006) Honors & Awards Recognized, Texas Rising Stars, a Thomson Reuters business, as published in Texas Monthly (2010, 2011) International Law Community Involvement Volunteer, Institute for the Economic Empowerment of Women Volunteer, Habitat for Humanity Volunteer, Dallas Challenge Admissions Texas (2001) Texas State Courts (2002) U.S. Court of International Trade (2008) Sponsored Events Gardere to Co-Host ITAR Boot Camp Gardere Hosting International Visitor Leadership Program Gardere to Host ITAR Boot Camp 2014 Speaking Engagements The Trans-Pacific Partnership: Key Considerations for Your Compliance Program ICPA China Conference Creating a Functional Export Manual 2016 ICPA Fall Conference Arising Issues in Supply Chain Management: What Lies Ahead in 2016 and Beyond The Knowledge Group Webcast Cuba Sanctions: Navigating the Recent Changes IBL Roundtable/IBLCT Meeting Life of a Trade Lawyer Outside the Beltway ABA International Trade Committee Meeting

5 Developing Guidance on Technology Controls Plans Under the Export Administration Regulations PECSEA Meeting Red Light, Green Light: Compliance in the Ever-Changing World of Sanctions and Embargoes Texas State Bar International Law Section Annual Institute FCPA Compliance: Conducting Due Diligence on Third Parties Association of Corporate Counsel Luncheon You Sent What? To Where?! The US Sanctions and Their Impact on US Exporters Today 2015 ICPA Fall Conference Virtual Walls, Rooms, and Tunnels: What's Your Technology Export Control Plan? Third Annual 'Nuts & Bolts of International Law' Seminar and Networking Lunch The Floodgates Are Only Cracked: Understanding the Scope of Sanctions Relief North Texas Customs Brokers and Freight Forwarders Association US Sanctions and Embargoes The State Bar of Texas International Law Section Annual Institute Export Control Reform in Practice - Large and Smaller Exporters Discuss Their Experiences with Applying New Rules and Addressing Implementation Challenges ACI s 6th National EAR Boot Camp How to Obtain an EAR License and Reduce the Risk of Delays: Filling out Form BIS-758P and Using SNAP-R ACI s 6th National EAR Boot Camp Import/Export Laws: Overview of Export Control Reform Border Law Conference Examining Export Control Reform: How are we Doing? 2nd ITAR Compliance West Coast Conference Understanding the Current Environment for Export Controls and the Role of Government Agencies for ITAR Compliance 2nd ITAR Compliance West Coast Conference Avoiding Common Mistakes in Global Trade Compliance 22nd Annual SMU Corporate Counsel Symposium Compliance Traps for the Unwary a Primer on Trade Compliance and Anti-Corruption Second Annual 'Nuts & Bolts of International Law' Seminar and

6 Networking Lunch Riding the Global Economy: Readiness & Competiveness in the Global Market 2014 Greater Dallas Asian American Chamber of Commerce Texas Regional Conference Adapting Effectively in a New Export Environment 2014 ICPA Fall Conference Avoiding Common Mistakes in Global Trade Compliance Association of Corporate Counsel in Houston Legal Developments and Compliance Issues in Crowdfunding Kickercon Crowdfunding Boot Camp A Deep Dive into the Most Misunderstood Details of Export Control Reform: A Category-by-Category Review of the Most Technical, Complex Changes Affecting Your Global Export and Re-Export Compliance Program American Conference Institute s 17th National Forum on Global Export Controls Compliance Alerts Morning Thoughts Changed from Breakfast to Brexit Passenger Aircraft Sales to Iran Just Became Easier: OFAC Eases Restrictions with General License I US Issues Additional Revisions to Cuba Sanctions US Further Relaxes Sanctions on Cuba US Lifts Nuclear-Related Sanctions on Iran Cuba Sanctions Update Cuba Sanctions: Where Do We Stand Today? US Department of Commerce Announces New Russian Energy Sector Sanctions Otters and Anchors: How to Secure International Trade Compliance and Stay Afloat Publications Cuba Sanctions Are Changing But Don t Break Out the Cigars Yet: Despite Opening, Tourist Travel is Still Prohibited

7 Global Trade Getting to Know Your Business Partners: FCPA Due Diligence on Third Parties Pharmaceutical Compliance Monitor Sanctions Compliance Issues for Non-U.S. Companies: U.S. Sanctions Against Countries Like Iran and Cuba Have a Long Reach Global Trade Is Cuba Really Open for Business: Opportunities for U.S. Businesses and Individuals Remain Limited Global Trade US Seeks to Tackle Overseas Data Issues with LEADS Act E-Commerce Law & Policy Dangerous Liaisons With Whom Do You Trade? Texas Lawyer Help! There s an ITAR in my EAR The Daily Bugle The Year Ahead in U.S. Export Control Reform: Are you Ready? Practical Trade & Customs Strategies, WorldTrade Executive, a Thomson Reuters business This Document May Be Controlled: Rethinking Deemed Exports in an Unprecedented Period of Reform Currents International Trade Law Journal Managing the New Security Requirements of Form I-129 and Other Temporary Visa Filings Aspatore Books, a Thomson Reuters business News Gardere Partner Michelle Schulz Named Co-Chair of Firm's International Practice Women s Wear Daily Features Comments from Partners Elsa Manzanares and Michelle Schulz WorldECR Recognizes Gardere as a Top Law Firm for Export Controls in the U.S Gardere Client Wins International Media Award Inside U.S. Trade Covers Partner Michelle Schulz's Comments at PECSEA Meeting

8 Michelle Schulz Appointed Chair of PECSEA's Data Transmission and Security Subcommittee Partners Michelle Schulz and Elsa Manzanares Listed in Journal of Export Controls and Sanctions Partner Michelle Schulz Discusses NAFTA with Sirius XM Texas Lawbook Covers Gardere's Addition of Three International Trade Attorneys Gardere Welcomes Three International Trade Attorneys in Dallas