Stanley Marcuss is one of the country’s foremost experts in international trade. As counsel to the International Finance Subcommittee of the Senate Banking Committee, he played a central role in the development of legislation relating to export controls, antiboycott law, the Foreign Corrupt Practices Act and the Export-Import Bank. As Deputy Assistant Secretary of Commerce, he headed U.S. antidumping and countervailing duty programs and administered U.S. export controls and antiboycott laws, as well as a variety of other international trade regulatory regimes. While in government, Mr. Marcuss was also a member of the U.S. delegation to China that negotiated the current U.S.-China trade agreement and an end to the U.S. freeze on Chinese assets.

Mr. Marcuss’ practice covers virtually all aspects of U.S. law pertaining to international trade and investment, including such subjects as foreign payments, international boycotts, economic sanctions, unfair trade practices, customs and U.S. import remedies. He has had experience in defending U.S. government civil and criminal investigations, appearing before U.S. appellate courts and establishing internal corporate compliance programs. He recently organized and directed a coalition of U.S. multinationals to work on issues of international bribery.

A member of The American Law Institute, The American Society of International Law, the American Bar Association, The Association of the Bar of the City of New York, the District of Columbia, New York and Connecticut Bars, Mr. Marcuss is admitted to practice before the United States Supreme Court and the United States Court of International Trade. He is former chairman of the Subcommittee on U.S. Regulation of Technology Exports of the International Law Section of the American Bar Association and was chairman of the Steering Committee of the International Division of the District of Columbia Bar. He is also a former adjunct professor at the American University, Washington College of Law.

Mr. Marcuss has served on the Board of Overseers of the International Tax and Business Lawyer (Boalt Hall), the Advisory Board of The Foreign Corrupt Practices Act Reporter (Business Laws, Inc.), the Advisory Board of The Center for American and International Law, and the Board of Directors of the Association of Marshall Scholars.

Before joining the Firm, Mr. Marcuss was a partner in Milbank, Tweed, Hadley & McCloy from 1980-1993; he was the Senior Deputy Assistant Secretary of Commerce for International Trade from 1977-1980; and prior to that, he served as Counsel to the Senate International Finance Subcommittee from 1973-1977.

Mr. Marcuss is a former member of the Trinity College (Conn.) Board of Trustees and is the author of numerous published articles on international trade, export finance, international law and foreign boycotts. He is the editor and a joint author of a book entitled Effective Washington Representation published by Harcourt Brace Jovanovich in 1983.

Bar and Court Admissions

District of Columbia, 1969

Connecticut, 1968

New York, 1981

United States Supreme Court

United States Court of International Trade

Education

Harvard University, J.D., 1968

Cambridge University, M.A., 1968

Cambridge University, B.A., Marshall Scholar, 1965

Trinity College, B.A. summa cum laude, 1963

Publications

• “New Light on the Export Import Bank,” U.S. Financing of East West Trade, International Development
  Research Center, P. Marer ed., Aug. 1975
• Review, “Schmitthoff, The Export Trade,” The International Trade Law Journal, Vol. 1, No. 2, University of
  Maryland, Spring 1976
• “New and Tougher Anti boycott Legislation is Certain; The Prospects and Background,” Anti Boycott
  Bulletin, Middle East Monthly, Jan. 1977
• “Sec. Vance Cautions Congress, But Major Changes in Bills Not Likely,” Anti Boycott Bulletin, Middle East
  Monthly, March 1977
• “The Arab Boycott; What to Expect in the 95th Congress,” The Globe, March 1977
• “Unilateral Selection, Foreign Law Still Troublesome in New Legislation,” Anti Boycott Bulletin, Middle East
  Monthly, April 1977
• “Marcuss on Unilateral Selection, Local Law, Intent, in New Legislation,” Anti Boycott Bulletin, Middle East
  Monthly, May 1977
• “Commerce to Invite Suggestions on Development of New Regulations,” Anti Boycott Bulletin, Middle East
  Monthly, June 1977
• “Marcuss on Final Commerce Rules; How Major Issues Were Resolved,” Anti Boycott Bulletin, Middle East
  Monthly, February 1978
• “Economic Boycotts Get a New U.S. Response,” Commerce America, Feb. 27, 1978
• “The Antiboycott Law: The Regulation of International Business Behavior,” Georgia Journal of International
  and Comparative Law, Vol. 8, No. 3, June 1978
• “Marcuss Examines Major Issues in Final Commerce Reporting Rules,” Boycott Law Bulletin, Middle East
  Monthly, Sept. 1978
• “Reconciling National Interests in the Regulation of International Business,” Northwestern Journal of
  International Law and Business, Vol. 1, No. 2, Fall 1979, Co Author
• “Exports: From Born Again to Stillborn,” New York Times, Sept. 7, 1980
• “Export: Are Economics, Foreign Policy in Conflict?” Legal Times of Washington, Oct. 1980
• “International Banking Act of 1978,” Journal of Federation of Bankers Association of Japan, Sept. 1980
• “Antiboycott Act of 1977,” Journal of Japanese Institute of International Business Law, Sept. 1980
• “Comment on Future Directions for U.S. Industry,” Harvard Business Review, March/April 1981
• “Effective Washington Representation: What the Subject is All About,” Effective Washington Representation,
  Law and Business, Inc., 1981
• “Marcuss Discusses Future of ‘OAC’ Antiboycott Program,” Boycott Law Bulletin, Middle East Monthly,
  June 1981
• “Marcuss on Reportability of Aramco ‘Risk of Loss’ Clause,” Boycott Law Bulletin, Middle East Monthly,
  June 1981
• “The CSC Scientific Settlement: When is an Example a Rule?,” Boycott Law Bulletin, Middle East Monthly,
  Oct. 1981, Co Author
• “U.S. Soviet Trade: The Diminishing Returns of Linkage,” East West Outlook, Nov. 1981, Co Author
• “Extraterritorial Jurisdiction in United States Trade Law: The Need for a Consistent Theory,” Columbia
  Journal of Transnational Law, 1981, Co Author
• “U.S. Government's Attitude on Trade Sanctions Disturbing,” Washington Report, U.S. Chamber of
  Commerce, (Excerpts of speech given at Chicago World Trade Conference), July 27, 1982
• “Soviet Sanctions Pose Unusually Broad Restrictions,” Legal Times, Aug. 23, 1982
• “Export Trading Companies,” AmCham, the Journal of the American Chamber of Commerce in Hong Kong, Sept.
  1982, Co Author
• “U.S. Antiboycott Law: Problems and Pitfalls,” Private Investors Abroad: Problems and Solutions in
  International Business in 1982, 1982
• “Business & Regulatory Issues For Export Trading Companies,” New Opportunities Under the Export
  Trading Company Act of 1982,Law and Business, Inc., Jan. 1983
• “Legal Implications of the Soviet Pipeline Sanctions: Proposals for Reform,” The Collado Report, Jan. 1983
• “U.S. Antidumping and Countervailing Duty Laws,” AmCham, the Journal of the American Chamber of
  Commerce in Hong Kong, Feb. 1983, Co Author
• “Export Controls and Countertrade,” Countertrade: International Trade Without Cash, Law and Business, Inc.,
  March 1983
• “New Export Act Offers New Opportunities, Conflicts,” Legal Times, March 21, 1983
• “Unfair Trade Practices,” AmCham, the Journal of the American Chamber of Commerce in Hong Kong, April 1983, Co Author
• “The Antiboycott Laws: Conflicts And Resolutions,” Middle East Executive Reports, Vol. 6, No. 4, April 1983
• “U.S. Antidumping & Countervailing Duty Laws,” ACCJ, the Journal of the American Chamber of Commerce in
  Japan, April 1983, Co Author
• “U.S. Export Controls And The International Trader,” AmCham, the Journal of the American Chamber of
  Commerce in Hong Kong, May 1983, Co Author
• “U.S. Antidumping and Countervailing Duty Laws,” AmCham Indonesia, May 1983, Co Author
• “Effective Washington Representation,” Law and Business, Inc., S. J. Marcuss ed., June 1983
• “Unfair Trade Practices: Section 337 Actions,” ACCJ, the Journal of the American Chamber of Commerce in
  Japan, June 1983, Co Author
• “U.S. Antidumping & Countervailing Duty Laws,” Business Journal, the Journal of The American Chamber of
  Commerce of the Philippines, Inc., July 1983, Co Author
• “Unfair Trade Practices,” Business Journal, the Journal of the American Chamber of Commerce of the Philippines, Inc., Aug. 1983, Co Author
• “Soviet Trade: A Plea for Stability,” Common Sense in U.S. Soviet Trade, American Committee on East West
  Accord, Aug. 1983, Co Author
• “Unfair Trade Practices,” AmCham Indonesia, Aug./Sept. 1983, Co Author
• “Congress Should Decide,” AmCham, the Journal of the American Chamber of Commerce in Hong Kong, Sept.
  1983, Co Author
• “U.S. Export Controls,” Business Journal, the Journal of The American Chamber of Commerce of the Philippines, Inc., Oct. 1983, Co Author
• “Congress Should Decide,” AmCham Indonesia, Nov. 1983, Co Author
• “Extraterritoriality: U.S. Antiboycott Law and the Foreign Corrupt Practices Act,” Law and Policy in International Business, Vol. 15, No. 4, 1983
• “Congress Should Decide,” ACCJ, the Journal of the American Chamber of Commerce in Japan, Dec. 1983/Jan.
  1984, Co Author
• “Antitrust Protection for Export Trade,” ETCs: New Methods for U.S. Exporting, American Management
  Association, Feb. 1984
• “The Escape Clause: A Note of Caution to International Traders,” AmCham, the Journal of the American
  Chamber of Commerce in Hong Kong, March 1984, Co Author
• “How to Negotiate Countertrade Deals,” International Financial Law Review, March 1984, Co Author
• “U.S. Foreign Policy Export Controls: Do They Pass Muster Under International Law?,” International Tax & Business Lawyer, Vol. 2, No. 1, 1984, Co Author
• “Understanding Direct and Indirect Subsidies: Are the Problems Negotiable or Incurable?” Interface Three: Legal Treatment of Domestic Subsidies, The International Law Institute, 1984
• “The International Trader: China's new Patent Law,” AmCham, the Journal of the American Chamber of
  Commerce in Hong Kong, June 1984, Co Author
• “Representing Non U.S. Interests in Washington,” Trade/USA, Vol. 2, No. 7, July 1984
• “Representing Non U.S. Interests in Washington,” Investment/USA, Vol. 6, No. 7, July 1984
• “Negotiating Countertrade Agreements in East Asia,” East Asian Executive Reports, Vol. 6, No. 9, Sept. 5, 1984
• “Export Controls and Biotechnology,” Biotechnology Law Institute, Law and Business, Inc., Nov. 1984
• “Just When You Thought It Was Safe To Drop Anchor . . .” (Private right of action), Boycott Law Bulletin, Dec. 1984, Co Author
• “Countertrade: Reaching Markets That Others Fail To Reach,” Export Import Finance Review, April 1985,
  Co-Author
• “Export Controls and Joint Ventures” The New Attractions of Corporate Joint Ventures: Formation, Structure &
  Operation, Law & Business, Inc., May 1985
• “Free Trade vs Protectionism” Tradefinance Asia, Oct. 1985, Co Author
• “Foreign Sales Corporations: A New Form of Tax Relief for Exporters” Syracuse Journal of International
  Law and Commerce, Vol. 11, No. 3, Winter 1984, Co Author Book review, Countertrade, Barter, and Offsets by Pompiliu Verzariu, Federal Bar News & Journal, July/Aug. 1986
• “The Antiboycott Trap in Letter-of-Credit Transactions,” The Bankers Magazine, Jan./Feb. 1989, Co-
  Author
• “How to Negotiate Countertrade Deals,” International Borrowing, Negotiating and Structuring International Debt
  Transactions, The International Law Institute, 2nd Edition, Co-Author
• “The Extraterritorial Application of U.S. Trade & Antitrust Laws,” Counseling the U.S. Multinational: Issues and Problems for the 1990's,ABA National Institute, Jan. 1990
• “Restrictions on the International Transfer of Intellectual Property,” Outline of remarks for the Third
  Annual International Protection of Intellectual Property Seminar, Prentice Hall Law & Business, Feb. 1992
• “Jurisdiction with Respect to Foreign Branches and Subsidiaries: Judicial Power in the Foreign Affairs
  Context Under Section 414 of the Foreign Relations Restatement,” The International Lawyer, Vol. 26, No. 1, Spring 1992
• “Bribery in the International Marketplace: The Development of a Uniform Solution to the Problem,” Private Investments Abroad - Problems and Solutions in International Business in 1996, 1997
• “Getting Out From Under the Table,” The Washington Post, July 14, 1997, Co-Author
• “Let’s Have an Anti-Bribery Convention That Really Works,” The International Herald Tribune, July 18, 1997, Co-Author
• “OECD’s Proposed International Bribery Convention; Biting the Hand That Bribes,” Legal Times, Sept. 15, 1997, Co-Author
• “OFAC Litigation,” Practical Insights for Foreign Asset Control, Nov. 17, 1997
• “An Uneven International Playing Field,” The Washington Post, Dec. 17, 1997, Co-Author
• “The OECD Antibribery Convention,” Corporate Counsel’s International Adviser, Monthly Newsletter, March,
  1998 and the Foreign Corrupt Practices Act Reporter, May 1998
• “The Proposed Amendments to the Foreign Corrupt Practices Act: The International Anti-Bribery Act of 1998,” Foreign Corrupt Practices Act Reporter, Sept. 1998
• “OFAC Litigation,” Compliance and Risk Management for International Business Activities, Nov. 1998
• “U.S. Antiboycott Law,” Compliance and Risk Management for International Business Activities, Nov. 1998
• “Grist for the Litigation Mill in U.S. Economic Sanctions Programs,” Law and Policy in International
  Business, The International Law Journal of Georgetown University Law Center, Vol. 30, No. 3, Spring 1999
• “Corruption in the International Marketplace,” The Trinity Reporter, Trinity College, Hartford, Conn., Fall 1999
• “Before the Judicial Review Commission on Foreign Asset Control - Testimony of Stanley J. Marcuss,”
  Public hearing regarding the operation and impact on U.S. Persons of the Foreign Narcotics Kingpin Designation Act, Hart Senate Office Building, Washington, D.C., Oct. 2, 2000
• “Economic Sanctions - Penalties, Enforcement and Litigation,” Economic Sanctions, The American Bar
  Association, Section of International Law and Practice and the Center for Continuing Legal Education,
  Washington, D.C., May 11, 2001
• “Focus on Free Trade Act of the Americas FTAA,” Brazilian American Chamber of Commerce, Inc., News
  Bulletin, Vol. 39, No. 1, Jan. 2004
• “OECD Watchdog Group Identifies Weaknesses in FCPA; Calls for Change Unmask Fundamental
  Problems,” Foreign Corrupt Practices Act Reporter, July 2005
• Comments on the “Effects of Foreign Policy-Based Export Controls,” 77 Fed. Reg. 55183, (Sept. 7, 2012); BIS-2012-0038, Submitted to U.S. Commerce Department on Sept. 21, 2012

Professional Affiliations

• The American Law Institute
• The American Society of International Law
• American Bar Association
• The Association of the Bar of the City of New York
• The Center for American and International Law
• Advisory Board of the Foreign Corrupt Practices Act Reporter

Civic Involvement and Honors

• Top Rated Lawyer, Washington Post 2012
• AV Preeminent Rated in the Lexis-Nexis/Martindale Hubbell Peer Review System
• Listed in Who’s Who
• Named one of the Best Lawyers in America
• Named one of the Washington, DC Super Lawyers
• Listed in the March 2007 edition of The Legal Media Group Guide to the World's Leading International Trade Lawyers