Daniel Waltz assists clients who engage in cross-border transfers of goods and technology. Many of his projects touch on issues of US international or trade policy. These can range from imports of such basic commodities as sugar or textile products to cutting edge products or technologies such as transgenic animals or distribution over the internet of encryption software. He also monitors continuing changes in US foreign and trade policies and helps clients anticipate and adapt to ever-changing US legal and regulatory requirements as they affect international trade. His clients range from small importers and exporters to large multinationals headquartered both inside and outside the US.
With respect to corporate transactions, Dan routinely advises clients on issues arising under the Foreign Corrupt Practices Act (FCPA). He assists clients in conducting due diligence and identifying and mitigating risks. He also assists clients in developing or upgrading FCPA compliance programs and frequently offers FCPA training.
With respect to imports, Dan assists clients on matters relating to the full range of Customs issues, whether it be valuation, classification, country of origin labeling or the availability of a particular tariff preference program (GSP, CBI, AGOA, etc.). He prepares and files protests, requests for internal advice, letter ruling requests and represents clients in administrative penalty matters. When necessary, he litigates on behalf of his clients before the Court of International Trade and the Court of Appeals for the Federal Circuit. He also assists importers with respect to requirements imposed by agencies other than Customs, including the US Department of Agriculture (USDA), Food and Drug Administration (FDA), Federal Trade Commission (FTC) and Consumer Products Safety Commission.
With respect to exports, Dan assists clients, both domestic and foreign, in understanding and complying with US export controls. These include State Department regulations that govern the international transfer of defense articles, defense services or technical data, and Department of Commerce regulations that govern "dual-use" products and technology. Dan obtains rulings, to help clients apply for and obtain licenses, and represents clients in administrative compliance and enforcement actions.
Dan focuses on the policies and regulations imposed by the US that seek to sanction or embargo foreign countries such as Cuba, Iran, Sudan and Burma. He assists clients in obtaining licenses, counsels them with respect to changing US policy and represents them in enforcement proceedings. He has also worked to change US policies with respect to certain embargoes, sometimes incrementally in connection with a single license application, and sometimes more broadly, as with the US embargo of Cuba.
On broader trade policy issues, Dan represented foreign governments in GSP proceedings, fought to defeat the imposition of new export controls and lobbied on various trade-related bills before the Congress. He also assists clients in the structuring, negotiation and drafting of international sales, distribution and agency agreements, assists clients in the resolution of disputes arising from international trade transactions and advises on issues relating to US anti-boycott regulations.
Dan represents the only licensed deepwater port, a facility that transports more than 10% of all crude oil imported into the US, on a broad variety of legislative, regulatory and commercial matters. He has worked closely with companies in the oil industry around the world.
Publications and Speaking Engagements