P. Lee Smith

He assists clients with export controls administered by the Departments of Commerce and State; supply chain, country of origin, and duty issues; and CFIUS analysis and filings.

Prior to joining Baker Donelson, Mr. Smith served as the Acting Assistant Secretary for Export Enforcement in the Bureau of Industry and Security (BIS) at the Department of Commerce. While there, he implemented and enforced U.S. national security regulations and policy related to dual-use commodities and technology controlled by Commerce. He was responsible for more than 115 federal agents in 23 field offices across the U.S., export control officers in foreign countries, and numerous analysts located in Washington, D.C. Mr. Smith oversaw one of the most prolific policy change periods in the BIS's history. He assisted in the preparation and implementation of policy, regulations, and enforcement strategies to support the policy changes, including the Military End User rule and entity listings related to the South China Sea, forced labor in Xinjiang, and intellectual property theft. He worked with interagency colleagues at the Departments of Treasury, State, Defense, and Homeland Security through the National Security Council to guide and implement these policies. He assisted this interagency group on Committee on Foreign Investment in the United States (CFIUS) issues. He also helped update the enforcement portion of the Export Administration Regulations (EAR) pursuant to the 2018 Export Control Reform Act. In private practice, he has advised numerous clients on International Traffic in Arms Regulations (ITAR) and EAR issues, including commodity classification, manufacturing license agreements, and licensing issues. He has similarly advised numerous clients on CFIUS issues and worked with clients through the CFIUS process to achieve positive CFIUS outcomes.

Prior to his role at BIS, Mr. Smith served as the Deputy Assistant Secretary for Policy and Negotiations in Enforcement and Compliance with the International Trade Administration (ITA) at the Department of Commerce. In this role, he managed the Commerce’s policy decisions in antidumping and countervailing duty (AD/CVD) investigations. He also led and participated in a variety of negotiations, including United States-Mexico-Canada Agreement (USMCA) and other free trade agreements as well as AD/CVD suspension agreements. He led the Commerce team in multilateral engagement on steel issues at the Organisation for Economic Co-operation and Development (OCED) Steel Committee, Global Forum on Steel Excess Capacity, and the North American Steel Trade Committee. Mr. Smith assisted in the preparation and promulgation of numerous international trade regulations.

Mr. Smith worked closely with colleagues at the Office of the U.S. Trade Representative (USTR) on steel, World Trade Organization (WTO), market access, and AD/CVD investigations in foreign jurisdictions against U.S. companies. He also managed the ITA portion of the 232 Steel and Aluminum exclusion process and assisted in Commerce’s work on Section 301 duties. During his government service, Mr. Smith briefed Congressional staff on several trade remedy and export control issues and provided comments on numerous pieces of draft legislation. His work was recognized multiple times by Commerce with Gold Medal Honor Awards, the highest honorary award granted by the Secretary for distinguished and exceptional performance.

Prior to his government service, Mr. Smith was in private practice for ten years at an AmLaw 100 international law firm where he managed AD/CVD investigations from petitions to appeals, including appeals to the Court of International Trade, U.S. Court of Appeals for the Federal Circuit, and WTO. Similarly, he assisted clients in AD/CVD investigations in foreign jurisdictions. He also assisted clients on customs compliance issues and, in response to client concerns, assisted in drafting and working toward the passage of the Enforce and Protect Act.