Derrick Kyle

Associate

Services

Biography

Derrick Kyle is an associate in Snell & Wilmer’s Special Litigation and Compliance Practice Group. Derrick focuses his practice on a broad range of international trade and national security matters and advises both U.S. and foreign clients on export controls, sanctions, customs compliance, and foreign investment risk.

Derrick’s export control experience includes export jurisdiction and classification analyses, license determinations, encryption analyses and reporting, advising on deemed export and technology transfer issues, and developing export compliance manuals and programs under both the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). He also advises clients in a variety of industries on risks presented by U.S. economic sanctions administered by the Department of the Treasury Office of Foreign Assets Control (OFAC), conducting sanctions risk assessments, due diligence reviews, and compliance program development. On the import side, Derrick advises clients on Harmonized Tariff Schedule classification, valuation, country-of-origin, and free trade agreement preferential treatment determinations, prior disclosures, petitions, and protests. Derrick also assists clients in navigating various tariff regimes (e.g., Section 301 and Section 232 tariffs) and obtaining exclusions or refunds.

Derrick has represented U.S. businesses and foreign investors before the Committee on Foreign Investments in the United States (CFIUS), including determining CFIUS jurisdiction or mandatory filing requirements, filing Notices with the Committee, and responding to non-notified transaction outreach. Derrick also has extensive experience in conducting investigations pursuant to government disclosures, including document review, employee interviews, and meeting with government officials. Additionally, Derrick has assisted defense contractor clients in complying with cybersecurity and other provisions of the Defense Federal Acquisition Regulations Supplement (DFARS) and navigating regulations related to Foreign Ownership, Control, or Influence (FOCI).

Credentials

Bar Admissions

Texas

Court Admissions

United States Court of International Trade

Education

Southern Methodist University Dedman School of Law (J.D., cum laude)
- Comments Editor: International Law Review Association
Texas A&M University (B.A., cum laude)

Experience

Representative Experience

Represented a publicly-traded aerospace company and its subsidiaries in matters related to export compliance, including the successful closing of multiple voluntary self-disclosures with BIS and DDTC.

Counseled a U.S. subsidiary of an Austrian company regarding impacts of Section 232 tariffs on aluminum.
Represented a UAE-based diversified technology company before CFIUS related to the purchase of the assets and intellectual property of a U.S. semiconductor business.
Represented a U.S. telecommunications services company before CFIUS in connection with its sale to a European investment fund.
Classified software and SaaS products pursuant to EAR encryption classification regulations, including obtaining favorable government classifications of SaaS products.
Successfully obtained removal of a Russian electronic component distribution from BIS’s Unverified List.
Represented an importer before the Department of Justice related to allegations of underpayment of customs duties on Chinese imports.
Advised a German-based aircraft parts distribution company in matters related to U.S. export controls and Iran sanctions.
Prepared and submitted CBP protests for two subsidiaries of public aerospace company, resulting in the recovery of overpaid duties.
Advised multiple U.S. manufactures in connection with the licensing of foreign national employees and the development and implementation of Technology Control Plans.
Advised a multinational defense contractor on the application of Foreign Ownership, Control, or Influence (FOCI) regulations administered by the Defense Counterintelligence and Security Agency.
Assisted multiple freight forwarders in the development and maintenance of export compliance programs.
Advised multiple companies on new export controls on semiconductor equipment inputs, including foreign direct product (FDP) rules of the EAR.
Conducted compliance audit of U.S.-based manufacturer in connection with a CFIUS mitigation plan pursuant to an acquisition by a Japanese company.
Represented a Canadian-based multinational company and its U.S. subsidiary with a year-long investigation and subsequent submission of voluntary disclosures to the export control agencies.
Advised a Chinese branch of a global investment bank in U.S. Customs matters related to tariffs on Chinese goods of portfolio company.
Assisted multiple companies by conducting export control classification reviews for “critical technologies” impacting the potential application of CFIUS regulations to investments and acquisition by foreign investors.

***Past results do not predict future outcomes.

Previous Professional Experience

Torres Trade Law, Senior Associate

Professional Memberships and Activities

Dallas Bar Association
- Vice Chair, International Law Section
State Bar of Texas – International Law Section
- Council Member
- Global Law Review, Executive Editor
Texas Aggie Bar Association
- Conference Committee

Community Involvement

Mosaic Family Services
Human Rights Initiative of North Texas
American Gateways Citizenship Clinic (2025)

Representative Presentations and Publications

U.S. Trade Compliance Due Diligence, In-Depth: Mergers & Acquisitions, 17th Edition, Lexology (2024).
U.S. Issues Unprecedented Order Restricting Investment in China, International Newsletter, Vol. 5, No. 1, State Bar of Texas International Law Section (Summer/Fall 2024).
DOJ’s Increasing Role in the Enforcement of U.S. Trade Laws, Headnotes, Dallas Bar Association (August 2024).
The National Security Impact of Your Cross-Border Deal: From Foreign Inbound (and Outbound!) Investment Reviews to Increasing Economic Sanctions, International Law Section Annual Meeting, State Bar of Texas, Dallas, Texas (June 20, 2024).
Sourcing, Compliance, and a Changing World Order, Breakbulk & Project Cargo, Journal of Commerce by S&P Global, New Orleans, Louisiana (April 25, 2024).
International Trade Due Diligence in the Context of Current Geopolitical Concerns, Professional Association of Exporters and Importers (PAEI), Webinar (March 21, 2024).
Exporting with the Experts: Export Regulations and FCPA, University of Texas – Arlington, Texas (March 2, 2024).
A Raft of Restrictions: Navigating the Rough Seas of Russian Sanctions & Export Controls, and facilitate a roundtable discussion on Export Controls and Supply Chain Due Diligence, 5th Annual International Conference on Global Sanctions and Export Controls, New York, NY (October 12, 2023).
Leveraging Available Tools For Legal And Regulatory Due Diligence, Whitespace, Webinar (October 6, 2023).
CFIUS Enforcement, 32nd Annual International Law Institute, State Bar of Texas International Law Section, Dallas, Texas (April 20, 2023).
Exporting with the Experts: Export Regulations and FCPA, University of Texas – Arlington, Texas (March 4, 2023).
U.S. Trade Compliance Due Diligence, Mergers & Acquisitions Review, 16^th Edition, The Law Reviews (2022).
Export Sanctions Panel – Ukraine/Russia/China, American Association of Exporters and Importers Road Show, Dallas, TX (November 10, 2022).
Effective Solutions to “bridge the gap” for investors to the United States, SelectUSA, Toronto, Ontario, (November 9, 2022).
Preparing for CBP Audits, Lorman Education Services, webinar, OnDemand course, (October 11, 2022).
Preparing Successful Commodity Jurisdictions and CCATS Requests, 2022 International Compliance Professionals Association (ICPA) Annual Conference, San Diego, California, (March 1, 2022).
U.S. Trade Compliance Due Diligence, Mergers & Acquisitions Review, 15^th Edition, The Law Reviews (2021).
Preparing Successful Commodity Jurisdictions and CCATS Requests, International Compliance Professionals Association (ICPA) 2021 Summer Conference, Orlando, Florida, (July 25, 2021).
2021 Updates on the Current Embargo and Sanctions Programs, U.S. Commercial Service and NEI Exporting Mechanics Webinar Series II, Webinar, (April 20, 2021).
Preparing Successful Customs Ruling, Protests, and Prior Disclosures, National Customs Brokers & Forwarders Association of America, Inc., Webinar, (October 15, 2020).
Conducting Successful Denied Party Screening: Tips & Risks for Forwarders, NCBFAA Educational Institute, Webinar (September 24, 2020).
Top 5 Trade Developments in 2020, North Texas District Export Council General Meeting, Webinar (September 16, 2020)
Exporting Mechanics Webinar Series II: Drop Shipments and Routed Transactions, NCBFAA Educational Institute, Webinar (February 18, 2020).
Export Mechanics Webinar Series II: Drafting an Export Compliance Policy, NCBFAA Educational Institute, Webinar (August 13, 2019).
Export Mechanics Webinar Series II: Export Licenses, NCBFAA Educational Institute, Webinar (June 11, 2019).
Commodity Jurisdiction/CCATS, International Compliance Professionals Association Spring Conference, Orlando, FL (March 26, 2019).
Global Trade Roundtable: Trends, Tariffs and Trade Agreements, North Texas District Export Council, Dallas, TX (February 5, 2019).
US/China Tariffs Panel and Roundtable, Council of Supply Chain Management Professionals, Las Colinas, TX (January 24, 2019).
A Crude Awakening: U.S. Sanctions on the Russian Oil Sector, International Newsletter, Vol. 1, No. 1, State Bar of Texas International Law Section (Fall 2018).
Export Compliance for Dummies and Forwarders Too, NCBFAA Educational Institute, Webinar (July 24, 2018).
Export University: Export 201 – Export Compliance, U.S. Commercial Service, Temple University – Fox School of Business, Philadelphia, PA (April 11, 2017).