Katelyn M. Hilferty

Katelyn regularly assists clients with export control and sanctions compliance matters, including performing ITAR and EAR classification analyses; preparing license applications to the US Department of Commerce, US Department of State, and OFAC; conducting internal investigations of apparent violations and resolving related enforcement actions; writing and implementing compliance policies; and assisting with remediation measures, including leading company-wide compliance training.

Additionally, Katelyn supports clients with US customs matters. She has experience submitting ruling requests, prior disclosures, and protests to CBP, as well as petitioning for the release of seized goods. She frequently provides advice to US importers on import classification, origin determinations and marking, free trade agreements, compliance with forced labor prohibitions, and trade remedy matters. As a related matter, Katelyn often helps government contractors and subcontractors ensure compliance with country-of-origin requirements under the Buy American Act (BAA) and Trade Agreements Act (TAA).

Katelyn is well-versed in foreign investment transactions subject to CFIUS review and is a member of the Morgan Lewis CFIUS Working Group. She also advises on transactions implicating the US Department of the Treasury’s outbound investment program, as well as other national security-related matters.

• Advises a US health science company on export control licensing questions for Russia
• Updating compliance materials for a US semiconductor photomask supplier in response to significant revisions to US export controls on semiconductor manufacturing items
• Assisting a pharmaceutical company with the establishment and implementation of its global sanctions program
• Responding to and resolving an OFAC subpoena issued to a US financial services company related to alleged violations of US sanctions
• Obtaining multiple OFAC licenses for a US nonprofit organization to export educational services to health professionals in embargoed countries
• Obtaining release of several import shipments of electronics components imported by a US computer networking company that were detained by CBP
• Ongoing counseling to a multinational renewable energy company on import compliance issues arising under the Uyghur Forced Labor Prevention Act (UFLPA)
• Drafting prior disclosures to CBP for a California-based technology company related to classification and valuation issues
• Assisting an American technology company with country-of-origin questions related to its gaming device assembled in Mexico
• Representing companies in litigation before the US Court of International Trade (CIT) challenging the imposition of Section 301 import tariffs
• Classifying customized source code for multiple US tech startups under export control regulations to identify whether such code constitutes “critical technology” for purposes of CFIUS