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Morgan Lewis
Moscony

Katelyn M. Hilferty

Associate

katelyn.hilferty@morganlewis.com

Washington, DC Phone +1.202.739.5674 Fax +1.202.739.3001

1111 Pennsylvania Ave. NW//Washington, DC 20004-2541//United States

Katelyn M. Hilferty helps clients navigate US cross-border and trade compliance requirements, including export controls under the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR), economic sanctions administered by the US Department of Treasury’s Office of Foreign Assets Control (OFAC), import and customs laws and regulations enforced by US Customs and Border Protection (CBP), anti-money laundering (AML)/Bank Secrecy Act (BSA) compliance matters, Bureau of Economic Analysis (BEA) international survey reporting, and national security issues before the Committee on Foreign Investment in the United States (CFIUS).

In addition to her trade-related practice, Katelyn also advises businesses on federal government contracting issues, including compliance with the Federal Acquisition Regulation (FAR) and agency supplements to the FAR, such as the Defense Federal Acquisition Regulation Supplement (DFARS).With regard to export controls and sanctions, Katelyn has experience performing export classification analyses, including for encryption software; submitting license applications to the US Department of Commerce, US Department of State, and OFAC; conducting internal investigations; drafting voluntary disclosures; preparing compliance policies; and leading training.

Katelyn’s practice also focuses on import-related matters under the jurisdiction of CBP. In that capacity, she provides advice to clients on import clearance matters, including petitioning for release of seized goods and assisting with CBP compliance issues like country-of-origin determinations, marking, classification, valuation, free trade agreements, supply chain security, and trade remedies. She has prepared ruling requests, prior disclosures, and protests to CBP.

In addition, Katelyn advises both prime and subcontractors on federal procurement issues. She helps ensure compliance with contract requirements, including as related to the Buy American Act (BAA) and Trade Agreements Act (TAA). She has experience bringing and intervening in bid protests at the US Government Accountability Office (GAO) and the US Court of Federal Claims (COFC).

Katelyn regularly counsels clients regarding transactions subject to CFIUS review and is a member of the Morgan Lewis CFIUS Working Group. She is proficient in French.

Awards and Affiliations

Ranked Highly Commendable, Export Controls Law Firm of the Year, USA and Sanctions Law Firm of the Year, USA, WorldECR (2018)

Admissions

  • District of Columbia
  • Virginia
  • US Court of International Trade

Education

  • College of William & Mary, 2008, B.A., cum laude
  • The George Washington University Law School, 2013, J.D.

Sectors

  • Energy
  • Investment Funds

Services

  • International Trade & National Security
  • Government Contracts
  • White Collar Litigation & Government Investigations
  • Investment Management
  • Privacy & Cybersecurity
  • Foreign Corrupt Practices Act & Global Anti-Corruption

Regions

  • North America

Events

3/8/2022 - Update on US, UK, EU Sanctions Against Russia for Investment Funds and Managers
2/18/2021 - Onshoring: The Intersections of National Security, COVID Response, Biden’s Buy American, and the TAA
2/4/2021 - The Defense Production Act and the New Administration
1/6/2021 - Executive Order 13959: Sanctions Against “Chinese Military Companies”
6/25/2020 - Coalition for Government Procurement: Trends in Domestic Preference Regulations and Enforcement – in partnership with EY
4/20/2020 - CARES Act: Economic Impact and Relief for Nonprofits and Tax-Exempt Organizations
2/25/2020 - Trade Compliance and the Prospect of False Claims Act (FCA) Liability
6/25/2019 - Primer on BIS De Minimis Rule
5/21/2015 - Technology May-rathon: Government Contract Rights in Data

News

6/1/2017 - Morgan Lewis Advises Ferguson Enterprises in Sale of Endries International
10/30/2014 - Morgan Lewis Advises Sandvik Materials in Divestment of Springs Business

Publications

5/9/2022 - US National Security Review for Outbound Investment: Domestic and Global Impact
2/28/2022 - Update: United States Expands Sanctions, Export Controls in Response to Russian Operations in Ukraine
2/24/2022 - Update: US Department of Commerce Imposes Restrictions on Russia
2/23/2022 - United States Issues New Economic Sanctions Against Russia
2/18/2022 - New York Fashion Sustainability Act Would Affect Most Major Brands
12/22/2021 (Updated 12/27/2021) - US Congress Passes the Uyghur Forced Labor Prevention Act
6/8/2021 - New Executive Order Carries Forward, Expands Chinese Military Company Sanctions
2/9/2021 (Updated 2/12/2021) - The Defense Production Act and the Biden Administration
1/29/2021 - OFAC Publishes Hong Kong Sanctions Regulations: Implications for Business With Hong Kong Entities
1/25/2021 - Federal Circuit Ruling Reinforces Technical Data Rights for Defense Contractors
8/26/2020 - Federal Agencies Directed to Prioritize Purchase of Certain Essential Drugs Produced in the US
6/9/2020 - Treasury Department Issues Mandatory Survey of Foreign Ownership of Securities
4/30/2020 - CARES Act National Security Loans Available to a Limited Number of Defense Contractors
4/15/2020 (Updated 4/22/2020) - FEMA Rules Prohibit Exports of PPE Needed for US Response to COVID-19
4/13/2020 - Has COVID-19 Made You a Government Contractor? What You Need to Know About IP Rights
March 30, 2020 (Updated May 20, 2020) - CARES Act: ‘AFFILIATION’ – Can Private Equity or Venture Capital Owned Small Businesses Obtain Paycheck Protection?
7/2/2019 - Government Contract–Specific Impact of Recent Supreme Court FOIA Decision
June 2018 - New US Sanctions against Russia Create Unique Issues for Fund Investors, EurekaHedge
4/18/2018 - New US Sanctions Against Russia Create Unique Issues for Fund Investors
1/30/2018 - GSA Issues Final Rule to Allow ‘Order-Level Materials’ on Schedule Orders
11/27/2017 - A Potential New Hurdle For Foreign Investments, Law360
10/27/2017 - Senate Bill Proposes New Review of Certain Foreign Investments’ Effects on US Economy
7/31/2017 - ‘Buy American’ Memo Directs Agencies to Analyze and Report
4/26/2017 - Executive Order Seeks to Bolster ‘Buy American’ Enforcement
3/22/2017 - New Documentary Requirements Issued for Hong Kong Exports and Reexports
1/3/2017 - US Imposes New Sanctions on Russia for Cyber-attacks
8/29/2016 - New Rule Finalizes Small-Business Subcontracting Changes
8/1/2016 - GSA Inspector General Takes Aim At Tech Resellers
6/9/2016 - SBA Amended Regulations Enhance Opportunities for Small Businesses
1/11/2016 - Contractor to Pay $3 Million for Alleged Use of Noncompliant Materials
1/6/2016 - SOLAS Convention Container Weight Verification Requirements Arrive Sooner Than You Think
11/18/2015 - DOE Adds New Export Control Contract Clauses, Creating Additional Risk for Contractors
4/30/2015 - Commerce’s Direct Investment Surveys: Do You Need to File a BE-10?
12/19/2014 - President Obama Announces Sweeping Changes to United States’ Diplomatic Relationship with Cuba