Benjamin J. Cote

Recognized by Chambers USA, WorldECR, Legal 500 and Super Lawyers, he is a go-to attorney for export controls and embargoes, with substantial experience in areas related to satellites, unmanned aerial systems, defense, humanitarian demining and security services, encryption, electronics and semiconductors, and software. Ben has also advised a U.S. industry coalition of nuclear utilities before the Department of Commerce in connection with both the Section 232 national security investigation and the Russian Suspension Agreement on Uranium. Ben has been actively involved with the U.S. Council for International Business, Satellite Industries Association and the Swedish-American Chambers of Commerce.

• Export Technology Transfer Controls
  • Counseled aerospace software client regarding both U.S. government and self-classifications of aircraft and spacecraft-related software products, involving a CJ reconsideration in light of export control reform, as well as engagement with government officials during dispute resolution procedures when CJ reviewing agencies disagreed.
  • Obtained U.S. Person Abroad authorization for U.S. person to provide defense services to foreign space company in connection with launch site operations
  • Advised satellite company on compliance with ITAR and EAR rules including transition to EAR due to export control reform; prepared industry comments that contributed substantially to revised rules on spacecraft.
  • Advises multinational aerospace component manufacturer on ITAR and EAR compliance and authorizations related to NASA Gateway Outpost.
  • Advises global technology company on intersection between U.S. and UK/EU export control and sanctions laws, including classification and licensing under multiple regimes to authorize their business activities.
  • Advised European aerospace and defense manufacturer on complex manufacturing license agreement, congressional notification requirements, and derivative data questions.
  • Provide export controls and sanctions counsel to global defense and vehicle manufacturer on a wide variety of military and dual-use export controls, sanctions, and trade matters. Work includes advice on sophisticated export license matters with the State and Commerce Departments, the overlap of DDTC export controls and Foreign Military Sales (FMS) programs, and sanctions and export control compliance in sensitive markets around the world.
  • Advised cybersecurity and defense companies on the intersection between Controlled Unclassified Information, export controls and reporting requirements in connection with cyber incidents, deemed exports, and third-party compliance requirements.
  • Advises global aerospace manufacturer on complex FMS Third-Party Transfer transaction and PM/RSAT approval involving multiple countries.
  • Conducted an internal investigation for a major aerospace and defense manufacturer of ITAR Part 130 reporting of fees and commissions, analyzed Part 129 broker registration and licensing requirements, and reporting to DDTC.
  • Advised software developer in connection with export compliance related to software for telecommunications ground systems in connection with satellites and high-altitude platforms.
  • Advises nuclear manufacturer client regarding intersection of DOE Part 810, ITAR, and EAR requirements.
  • Advised electronics and semiconductor companies on compliance with encryption regulations under the EAR, and related filings involving classification and reporting.
  • Conducted extensive internal investigation related to alleged ITAR and EAR criminal and civil violations for a private security contractor and preparing comprehensive voluntary disclosures to DDTC and BIS regarding exports of controlled items and provision of potential defense services.
  • Advised U.S. defense manufacturer in connection with DHS subpoena regarding a cyberattack on its server from a foreign country.
  • Advised European small satellite manufacturer with voluntary self-disclosure, services and support authorization, and de minimis calculation regarding satellite component.
  • Assisted European aircraft ground system manufacturer in obtaining CCATS determination for its product.
  • Advised satellite company reorganization-related registration and license filings before the Department of State.
  • Assisted technology company on directed Homeland Security disclosure, DDTC voluntary self-disclosure, and ITAR and EAR compliance issues concerning spacecraft and UAV technology.
  • Advised major UAS manufacturer by conducting a full audit of its ITAR compliance program and in advance of Directorate of Defense Trade Controls (DDTC) Company Visit Program visit, reviewing voluntary self-disclosure issues, classifying aircraft and related articles, and counseling on end-use requirements and license conditions.
  • Designed and implemented export control internal compliance programs for domestic and multinational clients in the aviation, technology, satellite services and other industries.
  • Advised marine manufacturer on export control matters including obtaining CJs and CCATS, and reviewing EAR and ITAR licenses in connection with its customers.
  • Prepared M&A trade due diligence questionnaire for U.S.-headquartered security services provider.
  • Conducted audit of major electronics manufacturer in connection with Foreign Trade Regulations compliance.
• Regulation of Foreign Investment & National Security 
  
  • Advised multiple satellite companies on reorganization-related registration and license filings before the Department of State, in coordination with FCC, CFIUS and DCSA filings.
  • Advises cleared company subject to a Security Control Agreement on DCSA compliance issues after investor change of control due to violation of debt covenants.
  • Successfully obtained CFIUS approval on behalf of a cleared federal government contractor being acquired by an IT company, including DCSA approval of Commitment Letter to implement a Special Security Agreement.
  • Led CFIUS declaration, DCSA Commitment Letter, and ITAR notification process for cleared U.S. aviation training company acquisition by foreign defense company.
  • Advises company on detailed changes to bylaws in implementation of Security Control Agreement to mitigate FOCI in connection with Japanese investor/board member.
  • Advises multiple cleared company on DCSA, export control, DFARS and compliance issues and disclosures associated with cybersecurity incidents.
  • Advises major global nuclear and defense companies on starting new entities in the United States, developing U.S. export control compliance plans and processes for new DCSA and DOE facility clearances and associated FOCI mitigation.
  • Prepared DCSA FOCI compliance instruments and managed e-FCL filings for private equity excluded parent of several cleared companies.
  • Advises cybersecurity startup on export controls and FCL process, including engagement with DCSA.
  • Advises construction and consulting services company on new facility clearance process.
  • Advised U.S. cybersecurity company on acquisition by foreign entity under DCSA Special Security Agreement.
  • Obtained CFIUS approval on behalf of a U.S. semiconductor manufacturer in connection with acquisition by an Israeli company. Negotiated DOD mitigation agreement and helped achieve compliance with that agreement.
  • Advised various entities having or seeking facility clearances regarding FOCI requirements and mitigation, as well as transaction notification requirements.
  • Advised radio station owner in connection with asset acquisition by Chinese-owned buyer.
  • Advised Japanese logistics company in connection with CFIUS issues associated with acquisition of U.S. transportation and logistics company.
• Customs Compliance & Enforcement
  • Advised U.S. mining equipment manufacturer on Temporary Importation under Bond (TIB) compliance, successfully obtaining mitigation of nearly $100K in penalties.
  • Advises major manufacturer on Customs classification, Section 301 exclusions, CBP Form 28 and 29 responses, protests and Court of International Trade appeal.
  • Advised U.S. fabricator of nuclear fuel on Customs substantial transformation analysis.
  • Advises computer equipment manufacturer on Section 301 exclusions, including engagement with Customs and USTR.
  • Conducted internal reviews and prepared prior disclosures to U.S. Customs and Border Protection (CBP) concerning compliance by an energy company with an anti-dumping duty order.
  • Obtained CBP ruling on the scope of U.S. requirements for use of domestic vessels in “coastwise trade” of oil under the Jones Act, including direct engagement with the CBP’s Laboratories and Scientific Services Directorate (LSS).
  • Counseled logistics company regarding USDA APHIS Wood Packaging Material program in connection with infested shipment held by Customs at a U.S. port.
  • Advised U.S. energy company on a CBP request for information and notice of action involving importation under the U.S. – Australia Fee Trade Agreement.
  • Developed Lacey Act compliance program for telecommunications company seeking to source wood materials for its products and import these products into the U.S.
  • Advised wood flooring company in connection with Foreign Trade Regulation obligations, as well as Lacey Act issues.
• Economic Sanctions & Embargoes
  • Advised global satellite and telecommunications company on sanctions programs, including obtaining OFAC license to provide services to sanctioned country, and engagement with OFAC and DOJ in connection with government sanctions investigations.
  • Advised satellite services company on OFAC general licenses related to services involving UN agencies in sanctioned countries.
  • Advises utilities regarding compliance with OFAC sanctions impacting fuel supply. Advocacy included preparation of documents and presentation and conducting high-level meetings with the Departments of State and Treasury.
  • Advised security services provider on OFAC prohibitions and general licenses related to services involving Afghanistan following the U.S. withdrawal, and voluntary self disclosures to BIS and DDTC.
  • Conducted a comprehensive review of life sciences company’s operations in sanctioned countries and assisted in the preparation of submission of a voluntary self-disclosure to Office of Foreign Assets Control (OFAC).
  • Conducted internal investigation on printer manufacturer and its subsidiaries concerning Iran and Syria transactions, and prepared disclosures to OFAC and Bureau of Industry and Security (BIS).
• Foreign Corrupt Practices Act (FCPA)
  • Conducted extensive internal investigation on FCPA and Brazilian anti-corruption law compliance for Asian company investors in the Brazilian ship building industry.
  • Advised aerospace manufacturer on FCPA requirements associated with gifts and hospitality involving potential foreign customers
  • Developed anti-corruption training and compliance program with Mexican co-counsel for Mexican company co-owned by a U.S. retailer.
  • Conducted FCPA internal investigation for U.S. defense manufacturer in connection with sales and third-party agent activities in Mexico.
  • Drafted anti-corruption clauses for distribution and local agent agreements for a U.S. defense manufacturer company.
  • Represented major U.S. retailer in connection with an internal investigation into possible FCPA and China Anti-Bribery violations including due diligence and interviews with key employees and vendors in China.
• Trade Remedy Proceedings
  • Represented nuclear industry coalition, known as the Ad Hoc Utilities Group (AHUG), with unique standing in novel trade remedy dispute involving whether sales of services could be subject to the antidumping laws before the Department of Commerce.
  • Advises U.S. nuclear utilities in connection with various proceedings impacting nuclear fuel supply, including Section 232 national security investigation on uranium imports by domestic mining companies in parallel with antidumping proceedings, and related executive and congressional initiatives. Advocacy included preparing response comments and conducting high-level meetings at the White House and various agencies.
  • Successfully opposed tariffs on behalf of European crane manufacturer in Department of Commerce Section 232 investigation on mobile cranes.
  • Represents United States’ only major producer of rare earth elements and future producer of magnets in Section 232 investigation of neodymium magnets.
  • Advised U.S. appliances manufacturer on Section 301 exclusion requests and public policy engagement.
  • Successfully obtained rare Department of Commerce approval for Japanese utility for uranium “swap” and reexport transaction under the Russian Suspension Agreement.
  • Represented U.S. fabricator in DOC administrative reviews and changed circumstances review related to an antidumping duty order’s certification and reexport requirements involving impact of Japanese tsunami on reexport requirements.

• In pro bono capacity, advise civil society organizations on successful Global Magnitsky Act petitions, resulting in the U.S. government imposing sanctions on human rights abusers.
• Firm Publications
  • 押し寄せる制裁執行の波：BAT和解に見る米司法省の新方針, Authors: Adam Goldberg, Jeff Schrepfer, Benjamin J. Cote, Simon Barrett, Toochi Ngwangwa, Olivia Matsushita, Fusae Nara, 06/05/23
  • Russia Invades and the West Reacts: A Look at Russian Sanctions So Far, Authors: Christopher R. Wall, Stephan E. Becker, Nancy A. Fischer, Steven Farmer, Benjamin J. Cote, Aaron R. Hutman, Matthew R. Rabinowitz, Scott Morton, Roya Motazedi, Zachary C. Rozen, Toochi L. Ngwangwa, Mark Booth, Samantha Franks, 02/25/2022
  • New Infrastructure Law Brings Significant Investments in Drinking Water and Wastewater Infrastructure, Authors: Nancy A. Fischer, Benjamin J. Cote, Moushami P. Joshi, Aimee P. Ghosh, 02/09/2022
  • Companies Prepare for the Uyghur Forced Labor Prevention Act (UFLPA), Authors: Stephan E. Becker, Benjamin J. Cote, Aaron R. Hutman, Moushami P. Joshi, Toochi L. Ngwangwa, 01/18/2022
  • Opportunities Abound after House Passes $1.2 Trillion Infrastructure Investment and Jobs Act, Authors: Nancy A. Fischer, Elizabeth Vella Moeller, Craig J. Saperstein, Benjamin J. Cote, Moushami P. Joshi, Aimee P. Ghosh, Johnna Purcell, Johnna Purcell, 11/08/2021
  • Federal Support for Defense Uses of Advanced Nuclear, Authors: Nancy A. Fischer, Elina Teplinsky, Benjamin J. Cote, Aaron R. Hutman, Jeffrey S. Merrifield, Sidney L. Fowler, 02/03/2021
  • U.S. Government Issues Human Rights Policy for Export Licensing and Guidance to Prevent Misuse of Surveillance Tools, Authors: Aaron R. Hutman, Benjamin J. Cote, Sahar J. Hafeez, Stephanie T. Rosenberg, 10/21/2020
  • U.S. Commerce Department Implements Multilateral Controls on Six Emerging Technologies, Authors: Christopher R. Wall, Nancy A. Fischer, Benjamin J. Cote, Zachary C. Rozen, Toochi L. Ngwangwa, 10/7/2020
  • The United States No Longer Considers Hong Kong Autonomous from China, Setting the Stage for Rule Changes that Could Disrupt Trade and Economic Relations, Authors: Christopher R. Wall, Stephan E. Becker; Aaron R. Hutman, Benjamin J. Cote, Roya Motazedi, 5/29/2020
  • Compliance in 2020 – Key Takeaways from the ITAR Cloud Rule, Authors: Christopher R. Wall, Stephan E. Becker, Nancy A. Fischer, Benjamin J. Cote, Mario A. Torrico, 1/16/2020
  • Commerce Department Publishes Interim Final Rule Controlling Geospatial Imagery Software for Training IA, Authors: Christopher R. Wall, Nancy A. Fischer, Benjamin J. Cote, Matthew R. Rabinowitz and Mario A. Torrico, 1/10/2020
  • Commerce Department Issues New Proposed Rules on Telecommunications Supply Chain, Authors: Christopher R. Wall, Stephan E. Becker, Nancy A. Fischer, Glenn S. Richards, Aaron R. Hutman, Benjamin J. Cote and Matthew R. Rabinowitz, 11/27/2019
  • Redefining U.S. Export Controls: Takeaways from Key Changes Effective September 1st, Authors: Stephan E. Becker, Benjamin J. Cote, Aaron R. Hutman, Moushami P. Joshi, Matthew R. Rabinowitz, Nancy A. Fischer, 09/01/2016
  • Lacey Act Lessons from the Lumber Liquidators $13 Million Settlement, Authors: William M. Sullivan, Jr., Benjamin J. Cote, Thomas G. Allen, 10/20/2015
  • Feds’ Reliance on Environmental Activism Underscores Need for Lacey Act Compliance, Authors: William M. Sullivan, Jr., Benjamin J. Cote, Thomas G. Allen, 02/18/2014
  • Obama Administration Moves Forward With Export Control Reform, Authors: Christopher R. Wall, Stephan E. Becker, Benjamin J. Cote, 03/15/2013
  • S. Proposes Changes to Streamline Export Rules for Personal Protective Equipment, Authors: Benjamin J. Cote, Nancy A. Fischer, 06/14/2012
• Speaking Engagements
  • “Basics of Export Controls 2022,” Practising Law Institute, December 5, 2022
  • “U.S. Legislation on Forced Labor: Customs Challenges,” ICC, May 17, 2022
  • “Grappling with the Uyghur Forced Labor Prevention Act,” USCIB, February 1, 2022
  • “Supply Chain Risks and the New Challenges of Doing Business Globally," Pillsbury CLE Marathon, January 13, 2022
  • “Basics of Export Controls 2021,” Practising Law Institute, December 2, 2021
  • “Basics of Export Controls 2020,” Practising Law Institute, December 2, 2020
  • “Cloud Control: Export Control Basics, Cloud Rules and Emerging Tech,” Pillsbury CLE Marathon, January 28 & 30, 2020
  • “Don’t Learn the Hard Way: Lessons for Lacey Act Compliance” Meeting of the North American Hardwoods Credit Association, May 17, 2019