Bio
Frank Schuchat leads the firm’s international trade practice, advising domestic and foreign companies on the application of laws regulating exports and imports, and on structuring domestic and international business transactions, including foreign direct investment in the United States.
He also devotes a significant part of his practice to commercial litigation and dispute resolution, where he helps clients protect and enforce their contractual and statutory rights in negotiations, litigation, arbitration or mediation.
Frank counsels our clients on all aspects of U.S. national security and foreign policy export controls and embargoes administered by the Department of Commerce, the Department of State, and the Department of Treasury’s Office of Foreign Assets Control (OFAC).
Frank has more than twenty years’ experience assisting U.S. companies and foreign issuers to evaluate and address situations implicating the Foreign Corrupt Practices Act (FCPA), in the pre-contract due diligence, evaluation of relationships with local distributors and agents, and in internal investigations of past activity.
Frank helps manufacturing and technology companies overcome barriers to foreign market access. He also assists importers to address problems with in-bound transactions, including: securing favorable tariff classifications; evaluating and addressing antidumping and countervailing duty orders; advising on country of origin labeling and Buy America requirements; and providing support in reviews by the inter-agency Committee on Foreign Investment in the United States (CFIUS) of foreign investment in sensitive or strategic areas.
Before starting the firm in 2002, Frank was a counsel and partner with two well-established Denver law firms, Holme, Roberts & Owen LLP; and Ireland, Stapleton, Pryor & Pascoe, PC. Frank practiced in the Washington, D.C. office of Paul Weiss, Rifkind, Wharton & Garrison from 1987 to 1995; and from 1985-1987, he was in the Washington, D.C. office of Pillsbury, Madison & Sutro.
Frank served as Attorney-Advisor in the Office of the General Counsel of the International Trade Commission (USITC), a judicial law clerk on the D.C. Court of Appeals, and a staff member of the International Bureau of Fiscal Documentation in Amsterdam, The Netherlands before entering private practice.
Based in part on his strong connections with the Benelux countries (including a working knowledge of Dutch/Flemish), Frank was appointed as Belgium’s Honorary Consul for Colorado in 1997. He is currently also serving as the Dean of the Colorado Consular Corps.
Frank is one of the few working attorneys in the country who writes and performs stand-up comedy in clubs and for bar associations, charities, and corporate events. www.thecomedylawyer.com
Bar Admissions
- Colorado
- District of Columbia
- U.S. Court of International Trade
- U.S. Court of Appeals for the Federal Circuit
Education
- Georgetown University, J.D. 1980
- University of Colorado, Boulder, B.A. (History), 1977
Affiliations
- Adjunct Faculty, Korbel School of International Studies, University of Denver
- Board member, Think360Arts, a not-for-profit educational organization which supports arts educations for students in Colorado’s K-12 schools
- Member of the President’s Export Council, Subcommittee on Export Administration (PECSEA), the primary private sector federal advisory committee supporting the Commerce Department’s Bureau of Industry and Security (BIS) (1997-2003)
- Honorary Consul of Belgium for Colorado (1997-present)
- Dean of Colorado Consular Corps (2011-present)
Representative Assignments
International Trade and Business
- Assist a US technology company to obtain Commerce Department approval for transfer of manufacturing technology to wholly-owned subsidiary in China and prepare Technology Control Plan required by Commerce
- Prepare prior disclosure to US Customs and Border Protection by consumer electronics importer to mitigate consequences of violations of import regulations
- Advise executives of major financial services firm in connection with US government investigation of alleged transactions with Iranian persons
- Counsel US companies on “deemed export” issues with regard to applications for non-immigrant visas for foreign national employees
- Advise a US health care company on Foreign Corrupt Practices Act compliance strategy with respect to cross-border acquisitions in emerging markets
- Advise US companies on reporting obligations and compliance with US anti-boycott regulations with respect to Middle East operations
- Provide in-house training for clients on export control and Foreign Corrupt Practices Act compliance
- Assist US-based manufacturer of medical devices to obtain special licenses from US Treasury, Office of Foreign Asset Controls, to export to customers in Iran, Sudan and Cuba
- Counsel senior executive of US subsidiary of European firm regarding investigation of alleged unlawful exports of aircraft parts to embargoed destination
- Drafting commercial agreements for foreign distribution and sales transactions
- Assist US subsidiary of Belgian manufacturing firm to create corporate structure for North American operations and expand to significant value-added activity in US with increased local employment
- Secure favorable tariff classification ruling eliminating all duty expense for Colorado maker of products used by handicapped persons
- Represent Middle East sales agent of US satellite imaging company in investigation of alleged violations of Foreign Corrupt Practices Act
Litigation and Dispute Resolution
- Successful defense of NBA player in protracted arbitration and related court cases initiated by player’s former manager who claimed a contractual right to multi-million dollar payments
- Successful defense of former employee of financial services firm in connection with investigation by state securities regulators
- Assist Denver marketing company to obtain court judgment and recover full amount of cash deposit paid to subcontractor and withheld from client contrary to contract terms
- Assist European collectors of vintage sports cars in a successful lawsuit to recover substantial funds given as a deposit by Colorado-based international auto broker
Contact Frank J Schuchat