Berne Kluber

Berne C. Kluber understands international transactions, the upstream exploration and production business, and technology. Prior to becoming a lawyer, he was a systems analyst specializing in upstream systems for a major international E&P company.

Berne’s practice focuses on the day-to-day contracts used in international business, such as distributor agreements, sales representative agreements, purchase and supply agreements and responses to international bid tenders.

In the E&P space, drafting onshore and offshore drilling contracts, acquiring seismic data, entering into global master services agreements, and implementing the latest hardware/software applications all fall within his area.

Because of Berne’s focus on international transactions, he routinely counsels clients regarding compliance with international trade laws and regulations, such as the Export Administration Regulations (“EAR”), the International Traffic in Arms Regulations (ITAR), U.S. economic sanctions regulations, trade embargos, customs laws, and anti-corruption laws (e.g., the Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act of 2010).

He also works with the Firm’s White Collar Practice to conduct internal investigations and respond to government inquiries.

As a former systems analyst, software, hardware, Internet, and technology transactions are a key part of his practice where his ability to understand and communicate with analysts, engineers, and business representatives adds efficiency to the contracting process.

His contracting experience translates to other types of business agreements such as international manufacturing, supply, sales representative, distributor, and joint development agreements.

Representative Experience:

• Analyze international bid tenders for various types of goods and services
• Reviewed and revised services and supply agreements for various manufacturers of goods for aviation and oilfield service industries
• Prepared and negotiated purchase and service agreements for acquisition of proton systems for various proton treatment centers
• Worked with in-house counsel on negotiating strategies and drafting of gas transportation and interconnection agreements and amendments for gas sales in the Ivory Coast
• Represented drillship operator in negotiations for charters offshore West Africa, North Africa, Eastern Mediterranean, Black Sea, and South America
• Reviewed and revised services and supply agreements for various manufacturers of goods for oilfield service companies
• Conducted ITAR and EAR due diligence as part of an integrated merger and acquisition program for various U.S. and foreign clients, including deals involving Chinese buyers of U.S. technology and Canadian targets with sales to Cuba
• Investigated claims of possible violations of the OFAC Iranian Transaction Regulations by European subsidiaries of a U.S. parent
• Analyzed ability of U.S. buyer to export encryption software and technology to Chinese affiliates
• Analyzed Harmonized Tariff Classifications for importer of sensors and prepared related voluntary disclosure to U.S. Customs

Professional Affiliations : Member, State Bar of Texas

Education:

• J.D., magna cum laude, University of Houston Law Center, 1997
• B.A., Rice University, 1980

Admissions : Texas, 1998

Admitted To Practice : Court of International Trade