Terence Roche Murphy, O.B.E.

Chair & CEO Emeritus
1823 Jefferson Place NW
Washington, DC 20036
Phone: 202-213-7377

Email: tmurphy@mktechnology.com

Terence Murphy is an international lawyer-manager and is Chair and CEO Emeritus of MK Technology. With a background in admiralty, antitrust, constitutional, corporate-commercial, environmental, international, telecom and other regulatory law, he has substantial high-level experience in strategic tech transfer including dual-use and munitions exports, encryption, tech transfer in universities, and economic sanctions. He was lead counsel to clients suffering major industrial casualties (with fatalities) in New Jersey and Connecticut. He also was lead counsel in local, regional and national pro bono publico litigation, and he led transnational pro bono civic-business groups in the District of Columbia and in the UK and North America, including the USA.

In 2000-2001, he was named by successive Secretaries of Commerce to the Bureau of Industry and Security's advisory committee on strategic trade regulation (RPTAC). He has been a Board Member of the Industry Coalition on Technology Transfer since the ICOTT was founded in the early 1980’s. Since 2004 a Senior Associate of the Center for Strategic and International Studies, in 2000-2001 he helped develop CSIS recommendations on munitions export-control reform leading to a Presidential Review. In that Review, he recruited and led an expert national-security team, including CSIS, to provide requested legal and policy advice to senior levels of the U.S. Defense Department. He helped write the 2005 CSIS/National Academy of Sciences White Paper on "deemed exports", and he co-chaired (with the head of CSIS) the National Academies workshop on that subject. In 2006-07, he helped to prepare a CSIS "trusted partners" working paper on U.S.-UK defense cooperation. In 2007, that paper was followed by U.S.-UK and U.S.-Australia defense-cooperation treaties.

Terry Murphy has played significant roles in many of the major trade controls and sanctions disputes from the late Cold War to the present day; in each case, his clients achieved their objectives. Those cases included year-long negotiations in 1999-2000 with the U.S. Government (including the NSA, FBI and National Security Council) to obtain "national treatment" status for encryption used by the world leader in mobile telephony; trade sanctions against Burma (in 2000, he and his high-tech industry clients won a landmark 9-0 victory in the Supreme Court); major technology transfers to China and Vietnam; and the extraterritorial reach of U.S. trade controls and sanctions.

In the late 1990's he devised the legislative and diplomatic strategy that removed "trade sanctions" from the Iran and Libya Sanctions Act, setting the stage for later changes in U.S. policy. As lead advocate and negotiator for a British firm swept up in an "economic-warfare" operation against the former USSR in the landmark "Siberian Gas Pipeline" export embargo, he helped reach a settlement at heads-of-government level that protected his client. For this and other contributions to British-American relations, in 1993 he was awarded an O.B.E. (Officer, Order of the British Empire). Since 2003 he has been a Crown-appointed Foreign Trade Adviser for Belgium, and in 2006 he was made a Knight Officer, the highest grade open to non-Belgian private citizens in its most senior honorary Order, with insignia identical to the French Legion d'Honneur.

For more than a decade, he has organized the gold-standard Global Trade Controls conferences in Europe and occasionally in Asia. Praised as "the definitive Export Controls conference", under his leadership the GTC became a unique forum where government officials, scholars, strategists and executives from around the world exchange views on developments in strategic trade controls including economic sanctions.

He is the sole or principal author of articles on antidumping and international trade, strategic trade, product liability and transatlantic diplomacy in U.S. and European journals. He has been a lecturer or panelist in Argentina, Belgium, Britain, Canada, China, Cyprus, Czech Republic, Finland, Germany, Hungary, Sweden, Switzerland, and the USA. He was Founding Co-Editor of the standard Coping With U.S. Export Controls desk books. In 2004 he presented a paper on military and strategic issues at Harvard, and in 2009 he chaired a panel discussion at Harvard on “America and the World”.

After two years as an admiralty trial lawyer in the Justice Department’s Honors Program, he spent three years as an antitrust trial associate in the well-known Washington law firm Wald, Harkrader & Ross, where he continued as a partner for 11 years. In 1986, he formed the boutique international law firm Murphy Ellis Weber where he practiced until joining MK Technology in November 2003. He is a Founding Director and former President and Chair of the British-American Business Association in Washington, and was honored by the British Government as the BABA's "driving force."

For several years he divided his time between Washington and Brussels. He speaks and reads recoverable French and German. A graduate of Harvard and Michigan Law, Terry Murphy holds a J.D. from the latter in public and international law with highest honors then awarded. Before studying law, he served several Cold War deployments on warships and USN-USMC command staffs in the Mediterranean, Atlantic, and Caribbean. As a junior Lieutenant, he was commended for outstanding performance in the Cuban Missile Crisis.

He is a Life Member of the American Law Institute, and is a past member of the ABA's Administrative Law Council, two of whose former leaders are sitting Justices of the U.S. Supreme Court; a third has been nominated and awaits Senate action. In 2008, he was the first Senior Adviser to the ABA International Law Section’s Committee on Export-Controls and Economic Sanctions.
 

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