Clark Hill Thorp Reed lawyers exemplify the firm’s commitment to hard work, high ethical standards and dedication to client service. Our attorneys practice in diverse areas of law, and combine a multidisciplinary approach to solving legal problems. The bottom line: Clients of Clark Hill Thorp Reed benefit from attorneys whose expertise and commitment deliver effective client outcomes and superior legal service.

John P. Donohue

Partner

jdonohue@clarkhill.com
215 640 8528 Office
267 850 8730 Cell
215 640 8501 Fax
609 844 7595 Office
VCard

Philadelphia
One Commerce Square
2005 Market St, Suite 1000
Philadelphia, PA 19103

Princeton
100 Overlook Center
Second Floor
Princeton, NJ 08540

John Donohue is amember of the International Trade Law Practice Group. He concentrates his practice on Customs and International Trade Law. John represents both U.S. importers and foreign corporations before all agencies of the federal government with the authority to control the international movement of goods, including U.S. Bureau of Customs and Border Protection, U.S. Immigration and Customs Enforcement, the U.S. Department of Commerce, International Trade Administration, the U.S. International Trade Commission, and the U.S. Treasury Department, Office of Foreign Assets Control.

John also represents foreign corporations and U.S. importers in proceedings under the U.S. antidumping laws. He has substantial experience representing importers charged with both civil and criminal violations of the trade laws, and has litigated before the federal district courts in New York, Maryland and Pennsylvania, as well as the U.S. Court of International Trade.

John has been an adjunct professor of International Trade Law at the Seton Hall University School of Law in Newark, New Jersey since 1986, and he is a member of the Congress of Fellows of the Center for International Legal Studies in Salzburg, Austria. He has been named twice as a Pennsylvania Super Lawyer. Prior to beginning the active practice of law he was a Special Agent of the FBI.

Education

J.D., Catholic University of America
B.A., Providence College
Temple University School of Law, Academy of Advocacy
Georgetown University School of Law, Academy of WTO Law and Policy

Professional / Civic Activities

Adjunct Professor of International Trade Law, Seton Hall University School of Law, 1986 – present
Member, International Business Development Committee, Philadelphia Bar Association
Member and Past Chairman, Board of Trustees, Rosemont (PA) School of the Holy Child
Past Chairman and former Member, Board of Regents, Catholic University of America
Member, Board of Visitors, Columbus School of Law of the Catholic University of America
Director and Member of the Executive Committee, Ports of Philadelphia Maritime Exchange
Member, Committee on Trial and Appellate Practice of the Customs and International Trade Bar Association, 1983 – present
Member, Congress of Fellows of the Center for International Legal Studies, Salzburg, Austria
Member, International Business Law Consortium
Member, Philadelphia Bar Association
Member, Pennsylvania Bar Association
Member, District of Columbia Bar Association
"AV Preeminent" Peer Review Rated – Martindale-Hubbell

Bar / Court Admissions

Commonwealth of Pennsylvania
U.S. Supreme Court
U.S. Court of Appeals, 2nd Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. Court of International Trade
District of Columbia
State of New York
State of New Jersey
U.S. District Court for the Eastern District of Pennsylvania
U.S. District Court for the Northern District of New York
U.S. District Court for the Southern District of New York
U.S. District Court for the Eastern District of New York
U.S. District Court for the Western District of New York
U.S. District Court for the District of New Jersey

Publications / Presentations

“U.S. v. Izurieta – Searching the Judicial Rolls to Get It Right,” Publication Pending, Wolters Kluwer Law & Business, 8 Global Trade & Customs Journal, July/August 2013.
Presenter, “How Companies and Executives Run Afoul of Trade Sanctions: The Impact of Trade Sanctions on Business,” CLE co-sponsored with German-American Chamber of Commerce of Philadelphia, May 2013.
“The International Emergency Economic Powers Act and the Sergei Magnitsky Rule of Law Accountability Act of 2012 – Has a Visible Fissure Appeared in the Once-Impenetrable Wall Protecting the Foreign Official Bribe Taker Under the FCPA?,” Financial Fraud Law Report, March 2013.
Presenter, “What is My Duty to Report My Client’s (Alleged) Misconduct?,” CLE Seminar for Philadelphia In-House Counsel presented by The Legal Intelligencer, October 2012.
"The Intersecting Roads of Tax and Customs in Related-Party Pricing," Communiqué, August 2012.
"Customs Proposes to Clarify Critical Valuation Rule on Related-Party Transfer Pricing and Post-Entry Price Reductions," Communiqué, January 2012.
“GSP Renewal Legislation Passes the House of Representatives, MPF Rate is Increased,” Communiqué, September 2011.
“That is the Question” - When Does the Customs Assessment Question End and the Investigation Question Begin – Customs Cautions the Ports Against the Misuse of the Customs Form 28 “Request For Information,” Communiqué, June 2011.
“’We’re From the Government and We’re Here to Help’ or How to Survive a Customs Audit,” The Beacon, newsletter of the Maritime Exchange for the Delaware River and Bay, Summer Edition 2011.
“IRS Announces 2011 Offshore Voluntary Disclosure Initiative,” Communiqué, March 2011.
“The New I-129 Form Requires Employers To Certify Export Licensing Enforcement and Compliance,” Communiqué, February 2011.
"U.K. Ministry of Justice Announces Delay in Implementation of the U.K. Bribery Act of 2010,” Communiqué, February 2011.
“Exporting National Mores: The Foreign Corrupt Practices Act and The U.K. Bribery Act of 2010 – Similarities, Differences and the Emerging Lessons,” Communiqué, January 2011.
Speaker, "Corporate Governance Programs for Reporting Concerns: What Companies are Doing,” Delaware Valley Association for Corporate Counsel (DELVACCA) seminar, September 2010.
Panelist, "Worldwide Survey of Country of Origin and 'Made in’ Rules for Manufactured Goods," sponsored by the National Association of Electronics Manufacturers (ANIE), Milan, Italy, September 2009.
“Importer Security Filings and Additional Carrier Requirements (a.k.a. 10+2) - Flexible Enforcement Draws to a Close, and Customs Publishes New Guidelines for the Mitigation of Penalties,” Communiqué, August 2009.
Speaker, "International Unfair Trade Practice Remedies in Tough Economic Times," TRA seminar, June 2009.
Valuing Internationally Traded Goods for Customs Purposes – Life Support for the First Sale Rule, International Business Law Consortium, November 2008.
“Are U.S. Companies and Executives Safe When the Public Is Not? A Look at FDA Enforcement in the International Arena," Communiqué, April 2008.
"Bureau of Customs and Border Protection Proposes to Eliminate the ‘First Sale’ as a Method of Determining the Value of Imported Merchandise," Communiqué, April 2008.
“The WTO – How a Geneva-based Organization is Changing American Trading Rules,” The Beacon, Volume 18, No. 1 (published by Maritime Exchange of the Delaware River and Bay), Spring 2008.
Government Regulation of Internationally Traded Goods, An Update of Issues, seminar presentation sponsored by the Center for International Legal Studies, Salzburg, Austria, October 2006.
The United States Invokes Safeguard Remedies Under the WTO Agreement on Textiles and Clothing and the China Accession Agreement, Substantially Impairing U.S. Contracts with China Suppliers, Circular of the International Business Law Consortium, Salzburg, Austria, July 2005.
Terrorism and Its Impact on the Movement of Goods Into and Out of the United States, seminar presentation sponsored by the Center for International Legal Studies, Salzburg, Austria, May 2003.
The Prevention and Prosecution of Computer and High Technology Crime, Matthew Bender & Co., 1988.
Customs Fraud, 5 Business Crimes, Chapter 21, Matthew Bender & Co., 1982.

Representations included:

Two European-based automobile importer / distributors in audits of customs duty liability;
U.S. producer of household goods in the drafting, lobbying and enactment of federal legislation designed to obtain reduced-duty treatment;
“Wall off” advice to a German corporation employing U.S. Persons abroad in its dealings with embargoed-nation customers;
U.S. importer/retailer in claims for the refund of duties under the drawback law;
A U.S. durable goods producer / importer / exporter in a foreign criminal and parliamentary investigation of sales of goods to a foreign government-backed entity;
A computer components importer in parallel criminal and civil proceedings for avoiding customs duties and filing false customs entries of computer components from Singapore;
An Iraqi architectural and construction firm in its negotiations with the U.S. Army Corps. of Engineers related to Iraqi reconstruction and development initiatives;
A U.S. importer of medical waste bags to determine whether its goods were within the scope of an antidumping duty order on polyethylene retail carrier bags from the People’s Republic of China;
Two U.S. automotive importer / distributors in claims for refunds under the customs value code based upon post entry downward adjustments to their transfer prices;
A U.S. distributor of chemicals for criminal violations of the provisions of the Montreal Protocol on Substances that Deplete the Ozone Layer;
A U.S. citizen in connection with the importation of smuggled artifacts from looted Iraqi museums;
An importer of chemicals from Europe in parallel civil and criminal investigations of allegations of violations of the country of origin marking rules;
A foreign producer of medical devices and its CEO in an allegation of importation of allegedly mismarked and misbranded medical devices under both the Tariff Act and the Federal Food Drug and Cosmetics Act;
A Taiwanese producer of fashion ribbons in an investigation under the U.S. antidumping laws;
A Chinese producer of citric acid in an investigation under the U.S. antidumping and countervailing duty laws;
A class of claimants to currency seized under bulk cash smuggling provisions of the U.S.A. Patriot Act.

"The International Emergency Economic Powers Act and the Sergei Magnitsky Rule of Law Accountability Act of 2012: Has a Visible Fissure Appeared in the Once-Impenetrable Wall Protecting the Foreign Official Bribe Taker Under the FCPA?"

March 29, 2013

John P. Donohue, Partner and Leader of the firm’s International Practice Group, has written an article titled “The International Emergency Economic Powers Act and the Sergei Magnitsky Rule of Law Accountability Act of 2012 – Has a Visible Fissure Appeared in the Once-Impenetrable Wall Protecting the Foreign Official Bribe Taker Under the FCPA?” for the March 2013 edition of the Financial Fraud Law Report.

What is My Duty to Report My Client's (Alleged) Misconduct?

October 17, 2012

The Intersecting Roads of Tax and Customs in Related-Party Pricing

August 1, 2012

Customs Proposes to Clarify Critical Valuation Rule on Related-Party Transfer Pricing and Post-Entry Price Reductions. Comments Due by January 27, 2012.

January 18, 2012

In a move that had been anticipated for some time and will have a wide-ranging effect on related-party importers, the U.S. Bureau of Customs and Border Protection is proposing to consider recognizing downward adjustments in a transfer price for imported merchandise, made after the date of entry, when the reduction in price is in conformity with an existing corporate transfer pricing policy.

GSP Renewal Legislation Passes the House of Representatives, MPF Rate is Increased

September 8, 2011

On September 7, 2011 the House of Representatives by voice vote passed and sent on to the Senate for consideration HR 2832, entitled “An Act to extend the Generalized System of Preferences, and for other purposes.”

"That is the Question" - When Does the Customs Assessment Question End and the Investigation Question Begin - Customs Cautions the Ports Against the Misuse of the Customs Form 28 "Request For Information"

June 14, 2011

Some of the largest fines imposed by our Government on businesses relate to violations of the rules of international dealing. Most business executives now can recite, virtually from memory, the $536 million dollar fine imposed by the Office of Foreign Assets Control on Credit Suisse Group dealing with prohibited entities; or the whopping $1.6 billion dollar fine imposed on Siemens, AG and its subsidiaries for violations of the Foreign Corrupt Practices Act; or the $100 million dollar fine imposed on ITT Corp. for violations of the Arms Export Control Act. And for their part, government officials will tell you these infractions are serious because they impair the fundamental notions of foreign policy, territorial integrity and national security. These are not your average violations.

IRS Announces 2011 Offshore Voluntary Disclosure Initiative

March 1, 2011

On February 8, 2011, the Internal Revenue Service (the "IRS") announced the implementation of a new compliance and penalty remission program on foreign income, known as the 2011 Offshore Voluntary Disclosure Initiative (the “OVDI”).

The New I-129 Form Requires Employers To Certify Export Licensing Enforcement and Compliance

February 19, 2011

Effective February 20, 2011, companies sponsoring certain nonimmigrant visas for foreign workers will be required to certify their compliance with U.S. export controls set forth in the Export Administration Regulations (“EAR”) and International Traffic in Arms Regulations (“ITAR”) governing the release of “technology” or “technical data” to foreign nationals.

U.K. Ministry of Justice Announces Delay in Implementation of the U.K. Bribery Act of 2010

February 1, 2011

The U.K. Ministry of Justice announced on January 31, 2011 that it has delayed the long awaited publication of clarification Guidance required by the U.K. Bribery Act of 2010.

Exporting National Mores: The Foreign Corrupt Practices Act and The UK Bribery Act of 2010 - Similarities, Differences and the Emerging Lessons

January 24, 2011

In 1977, the United States Congress, having been confronted with a series of corporate scandals that had international political consequences, enacted the Foreign Corrupt Practices Act (FCPA), which had two objectives.

Importer Security Filings & Additional Carrier Requirements a.k.a. 10+2

August 24, 2009

By now, most significant importers of goods into the United States have heard of the Safe Port Act of 2006 and the rule it created – the Importer Security Filing (ISF) requirement. The Act requires importers of all containerized and some non-containerized cargo imported into the United States by vessel to file with Customs certain information concerning the cargo, its ownership and the manner in which it was handled.

Are U.S. Companies and Executives Safe When the Public Is Not? A Look at FDA Enforcement in the International Arena

April 7, 2008

Recent events, such as deaths attributable to tainted prescription drugs, massive food recalls, and tainted pet foods, expose the extent to which U.S. consumers are at the mercy of imported products. Those events also reveal the many ways in which antiquated domestic regulatory frameworks strain to keep pace with the globalization of manufacturing. As always, where markets outpace the regulators’ capacities to protect the public, the Federal government looks to the criminal law to establish a last line of defense.

Bureau of Customs and Border Protection Proposes to Eliminate the "First Sale" as a Method of Determining the Value of Imported Merchandise

April 4, 2008

A recently published Federal Register Notice by the U.S. Bureau of Customs and Border Protection, interpreting the law by which imported merchandise is valued for Customs purposes, will reverse a 1992 Court ruling and could increase Customs duty liability for U. S. importers. Comments to the Customs proposal are returnable April 23, 2008.

The WTO - How a Geneva-based Organization is Changing American Trading Rules

March 14, 2008

Last semester I made what I thought was a bold statement to my law students in my class on International Trade Law. “It will not happen in my professional lifetime,” I told my students, “but within the next 25 years, we will be seeing private parties, with their own attorneys, appearing before the Dispute Settlement Panel (the court of first instance) and the Appellate Body (the court of last resort) of the World Trade Organization.” The World Trade Organization is presently constituted to hear only disputes between nations, not between private parties.

John P. Donohue

Partner

Related Practice Areas