Katherine L. Berkley
Katie is a managing associate at Frost Brown Todd where she practices in the firm’s Regulated Business Group. She is a member of the International Trade Service Team, with a particular concentration on import and export matters. Her practice focuses on helping clients conduct their international business operations in a manner consistent with Federal and State Regulations.
On the import side, Katie counsels clients on compliance with U.S. Customs regulations, including classification and valuation of products. She has assisted clients with both protesting Customs decisions and submitting Prior Disclosures to Customs of discovered violations. She has also helped clients develop proactive programs to take advantage of beneficial U.S. Customs programs, such as the Customs-Trade Partnership Against Terrorism (C-TPAT), the “First Sale” mechanism, and free and reduced tariff trade programs such as the Generalized System of Preferences (GSP) and North American Free Trade Agreement (NAFTA).
In regard to exports, Katie assists clients with obtaining necessary export licenses from the Department of Commerce, Bureau of Industry and Security (BIS), and Department of State, Directorate of Defense Trade Controls (DDTC), as well as with their compliance with all other requirements under the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). When companies discover violations of these requirements, Katie can assist with the filing of Voluntary Disclosures and completion of comprehensive export compliance audits to determine the scope of compliance issues. She also has experience in counseling clients on U.S. embargoes and sanctions programs administered by the Office of Foreign Asset Control (OFAC).
She earned her Bachelor of Arts at Georgetown University, where she majored in English with minors in History and Theology, and obtained a Juris Doctor at the University Kentucky School of Law where she graduated magna cum laude and earned admission to the Order of the Coif.
Katie and her husband, Josh, live in Lexington with their two dogs, Caesar and Drake. In her spare time she enjoys reading historical fiction, golfing, and spending time with family and friends.
Assisted clients with proper valuation of imported goods, particularly in cases involving related party transactions.
Helped client formulate a transaction structure that took advantage of the “First Sale” valuation mechanism.
Successfully protested a Customs Notice of Action.
Drafted binding ruling requests to Customs to obtain formal classification of imported goods.
Helped clients perform internal HTS classification of imported goods.
Assisted both U.S. and foreign clients with developing C-TPAT Compliance Programs and obtaining C-TPAT certification.
Advised client regarding compliance with U.S. anti-dumping duty orders.
Drafted Prior Disclosures to Customs relating to discovered import violations.
Performed in-depth export reviews to determine compliance with EAR and ITAR obligations and filed Voluntary Disclosures as to all violations discovered.
Worked to obtain export licenses from BIS and DDTC for the export of U.S. products and technology
Filed Commodity Jurisdiction Requests with both the DDTC and BIS to obtain appropriate classification for exported products
Advised clients regarding deemed export issues attendant to hiring Foreign Nationals.
Advised clients with regard to OFAC embargoes and sanctions programs.
Assisted clients with proper labeling of imported wine.
Advised clients regarding regulations governing movement of alcohol within stores.
Advised clients on various “Buy America” regulatory schemes and compliance with the same.
Assisted clients with maintenance of service contract provider and administrator registrations and licenses in each state and compliance with other regulatory requirements related to the same.
Highlights & Recognitions
- CALI Awards for highest grades in Evidence and Criminal Procedure
- Kentucky Journal of Equine, Agriculture and Natural Resource Law
Award for Outstanding Third-Year Staff Member
- Best Appellant Oral Argument in Legal Research and Writing course
Memberships & Affiliations
- Central Kentucky American Inn of Court
- Fayette County Bar Association
- Kentucky Bar Association
- American Bar Association
Recent Blog Posts
- Section 301 Tariffs on Chinese Products and Retaliatory Tariffs by China on U.S. Goods
- Section 232 Tariffs on Steel and Aluminum Imports
- Exemptions and Exclusions to the New Steel Tariff
- President Trump Formally Orders Tariffs on Steel and Aluminum Imports
- Sixth Round of NAFTA Talks Wraps Up with Some Progress
- Trump Administration Releases NAFTA Renegotiating Objectives
- Trump Administration Formally Triggers NAFTA Renegotiation
- Uncertainty about DOT’s “Buy America” Requirement for Federally Funded Highway Projects
- Iran Deal Adoption Day: When can I start trading with Iran?
Non-FBT Publications and Events
Environmental Groups Challenging Offshore Drilling as Explained in Center for Biological Diversity v. United States Department of the Interior, 3 Ky. J. Equine, Agric. & Nat. Resources L. 157 (2011).
Joseph J. Dehner & Katherine L. Berkley, US Trade Sanctions: How the Complicated Regime of US OFAC Sanctions and the SDN Lists Work Together, UIA-LexisNexis Publications Collections, Compliance - Challenges and Opportunities for the Legal Profession (2018).