Export Control & Sanctions Practice

Berliner, Corcoran & Rowe, LLP (BCR) has substantial expertise in assisting clients on all aspects of international business. The firm represents and counsels numerous clients on export controls, embargoes and sanctions, antiboycott laws, foreign military sales, and customs. BCR attorneys also have expertise in international trade remedies cases, trade policy matters, cross border business transactions, FCPA, international finance and tax matters, and other areas that can be described in more detail.

BCR adds value to clients’ in-house expertise by advising on particularly difficult questions of law, license applications, rulemaking, and legislative matters. The firm prepares Export Licensing Memoranda on a fee sharing basis to alert corporate management of significant changes that may affect their business.

BCR attorneys have established and audited numerous internal legal compliance programs to help clients manage their exporting activities and address compliance burdens efficiently and effectively. Even companies who don’t normally need licenses to export should adopt some form of compliance program to help protect against liability for mistakes. U.S. law places responsibility on the exporter for most aspects of export control compliance, particularly the end-use and end-user based nonproliferation controls imposed on all exports. BCR has established compliance programs for all types of businesses, including unique ones for software companies, banks, aerospace and defense companies that must comply with the International Traffic in Arms Regulations (ITAR), and for non-U.S. companies that need to comply with U.S. reexport controls as well as their own laws. A solid compliance program can help avoid sensitive enforcement cases, such as recent multi-million dollar settlements by Boeing, IBM, Lockheed Martin, and Halliburton.

When needed, BCR attorneys have successfully represented many clients in export-related enforcement matters and voluntary disclosures before various federal agencies, including the Departments of Justice, State, Commerce, Treasury (Office of Foreign Assets Controls), and Homeland Security (Customs). Firm attorneys are well known and respected for their credibility at both the political and staff levels of all affected agencies, both on the regulatory and the enforcement side.

Ben Flowe leads the export/import compliance team. Mr. Flowe has advised clients on all aspects of export control for over twenty-three years. He authored the comprehensive Export Compliance Guide (1995), is a member of the Commerce Department’s Regulations and Procedures Technical Advisory Committee (Vice Chair 2001), has been chair or vice chair of the ABA’s Export Controls and Economic Sanctions Committee for seven years, and was Co-Chair of AeA’s Export Controls Committee in 2003. He has advised the Administration and testified before Congress on export control reform.

John Ordway has practiced in the fields of export control and government procurement law for over twenty years. He is a former co-chair of the ABA International Section’s International Procurement Committee and is active with the Society for International Affairs. Within BCR, Mr. Ordway heads the export/import compliance team’s ITAR practice, and has a particularly active practice advising regarding application of the ITAR to international commercial satellite procurements and international disputes arising out of commercial satellite failures.

Wayne Rusch counsels clients on export controls and U.S. economic sanctions. He has advised a Middle Eastern government concerning compliance with such laws, and has special expertise on the Iranian Transactions Controls and other U.S. sanctions regimes, particularly as applied to non-U.S. persons.

Dan Fisher-Owens has worked extensively on matters relating to import and export controls, economic sanctions, and other regulations administered by the Departments of Commerce, State, Treasury, Homeland Security, and Nuclear Regulatory Commission. He has extensive expertise in controls governing defense articles, sensors, oilfield tools, encryption and information technology, technology transfers to foreign nationals, as well as the Foreign Corrupt Practices Act (FCPA) and U.S. antiboycott laws.

Ray Gold has years of experience in counseling, licensing, regulatory, and enforcement matters involving export controls and sanctions administered by the Departments of Commerce, State, and Treasury. Mr. Gold focuses on controls governing shipments of information technology products and related information, particularly for the aerospace, computer, software, telecommunications, and semiconductor industries. Mr. Gold spent the last year as Counsel, Export Controls and Government Contracts (top U.S. export control official) for Thales North America, Inc., the North American headquarters of the Thales Group, an international leader in defense, aerospace, and information technology.

Karl Abendschein has extensive experience in various areas of international trade law, including military and dual-use export controls, economic sanctions, U.S. antiboycott laws, imports, the litigation of trade disputes, and international business transactions. His practice involves counseling clients in a wide variety of industries, including aerospace/satellites, defense, metals manufacturing and distribution, oilfield services, and federally funded research and development corporations.

Tim Corcoran is a former Assistant U.S. Attorney and specializes in litigation on international law issues. He has represented clients in U.S. District Court cases, challenging OFAC rulings and actions, with quite successful results. He also has advised and counseled clients on voluntary disclosure matters.

Bruce Zagaris has over twenty-five years experience in international law and especially international criminal law matters. He has worked on criminal cases involving export control charges. In one case he has served as counsel to petitioners who have, as a result of abduction by the U.S. Government in export control cases, brought a petition to the Inter-American Human Rights Commission.

Tom Wilson practices general litigation with specialties in complex civil, administrative and white collar criminal litigation. Mr. Wilson has represented corporations, trade associations and individuals in export controls and sanctions enforcement related matters. He holds a Top Secret Security Clearance.

Client references are available upon request.