JENNY J. YANG

Attorney

+1.202.888.9921

Jenny's principal area of practice focuses on export controls, economic sanctions, and government contracts litigation and regulation. She has assisted in conducting export compliance investigations and reviews and counseled clients on a variety of export and sanctions-related issues, including compliance with the International Traffic in Arms Regulations (ITAR, the Export Administration Regulations (EAR), and U.S. economic sanctions and arms embargoes administered by the Office of Foreign Assets Control (OFAC), and the U. S. Department of State. Jenny has also assisted in prosecuting and defending bid protests, preparing and litigating contracts claims, and counseling clients in various government contract-related issues, including Defense Security Service (DSS) requirements for obtaining facility clearance.

EXPERIENCE HIGHLIGHTS

Export Controls & Economic Sanctions

Counseled U.S. and foreign companies on compliance with U.S. economic sanctions against Russia, Iran, Cuba, Syria, and other countries, including sanctions regulations and orders administered by OFAC and the U.S. Department of State and measures targeting non-U.S. companies doing business with sanctions countries
For major U.S. defense contractors, assisted in performing audits of the companies’ ITAR compliance required by Consent Agreement with the U.S. Department of State, Directorate of Defense Trade Controls (DDTC), and assisted in performing ITAR and EAR compliance reviews for these and other companies
Assisted in conducting U.S. government-directed export compliance audits for major U.S. defense contractor under foreign ownership and control
For companies undergoing mergers, acquisitions, or other restructuring, performed due diligence for assessing export and sanctions risk and prepared necessary filings with DDTC, DSS, and the Department of Commerce, Bureau of Industry and Security (BIS)
Supported multinational businesses, including private equity and asset management companies, in oversight of subsidiary and portfolio company compliance with export, sanctions and antiboycott regulations
Assisted companies in defense, software, technical service and other industries in investigating and preparing complex voluntary disclosures of potential violations of the IRTA, EAR, Foreign Trade Regulations (FTR) and economic sanctions, resulting in letters of no action
Prepared internal policies, procedures, and/or technology control plans for compliance with export controls and economic sanctions for companies in the aircraft, communications, energy, logistics, marine, laser, optics and other industries
Provided export compliance training to companies in the defense and energy industries, and a university
Advised companies on jurisdiction and classification on their products and technology and prepared commodity jurisdiction (CJ) determination requests and EAR commodity classification requires
Prepared numerous applications for export authorization from DDTC, BIS and OFAC, including export licenses for hardware, software and technology, deemed export licenses, Encryption Licensing Arrangements (ELSs), ITAR agreements (TAA, MLA, WDA), and retransfer authorizations and made numerous SNAP-R filings on behalf of exporters
Counseled manufacturers, exporters and brokers of defense articles on ITAR registration filing and maintenance
Counseled U.S. companies on export compliance issues and licensing requirements associated with employment of foreign persons in the U.S., including I-129 certification requirement
Counseled software manufacturers and e-commerce businesses on compliance with export regulations over encryption-capable products and technology, including special issues of License Exception ENC eligibility

Government Contracts & National Security

Advised government contractors in navigation DSS requirements for facility clearance under the National Industrial Security Program (NISP), including processes for mitigation of foreign ownership, control, or influence (FOCI) in connection with acquisition by foreign interests
Assisted in successfully prosecuting a bid protest before the Government Accountability Office challenging a $42 million Task Order Award for provision of satellite network services, obtaining corrective action from the agency on behalf of client
Assisted in successfully defending the award of a $169 million contract by the Department of the Treasure in two separate bid protests before the Government Accountability Office and the Court of Federal Claims, leading to denial of both protests
Represented government contractors in claims before the Armed Services Board of Contract Appeals (ASBCA)
Counseled government contractors on compliance with the Federal Acquisition Regulation (FAR)
Assisted government contractors in defending against Freedom of Information Act (FOIA) request for their proprietary and confidential information

EDUCATION

Duke University School of Law, J. D. cum laude, 2007 (Year-in-Review, Alaska, Law Review)
University of Texas at Austin, B.A. Plan II/Economics with highest honors, 2004 (Phi Beta Kappa)
Admitted to practice: Virginia, 2007; District of Columbia, 2008

PUBLICATIONS AND PRESENTATIONS

"Significant Expansions of Ukraine-Related Sanctions Block U.S. Dealings with Russia-Controlled Crimea and Establishes Framework for Sanctions Against Non-U.S. Persons Supporting Russia," Vinson & Elkins LLP (V&E) Export Controls and Economic Sanctions E-Communication, December 29, 2014 (co-author)
"White House Announces Limited Easing of Sanctions on Cuba in Policy Move towards Normalizing Diplomatic Relations," V&E Export Controls and Economic Sanctions E-Communication, December 19, 2014 (co-author)
"The United States Ukraine-related sanctions targeting Russian persons and industries," Financier Worldwide, October 24, 2014 (co-author)
"Understanding the Status of Dual Use Technologies and Their Classification," Infocast Nuclear Export Controls Summit, January 14, 2014 (speaker)
"National Security Issues Arising in Energy Transactions (CFIUS Review)," V&E Energy Industry Series, September 19, 2013 (co-presenter)
"Departments of State and Commerce Begin Implementing Key Element of Export Control Reform by Transferring Certain Aircraft and Gas Turbine Engine Equipment from the ITAR to the EAR," V&E Export Controls and Economic Sanctions E-Communication, May 2, 2013 (co-author)
"Major Carbon Exchanges Ban CERs from U.S.-Sanctioned Countries," V&E Climate Change Report, February 10, 2012 (Issue 17)
"Nuclear Export Controls," V&E Energy Industry Series Continuing Legal Education Program, January 20, 2011 (co-presenter)
"OFAC Eases Restrictions on Investment in South Sudan's Petroleum and petrochemical Industries," V&E Export Controls and Economic Sanctions E-Communication, December 13, 2011 (co-author)
"U.S. Intensifies Iranian Sanctions to Target Petrochemical Industry and Reinforce Iran's Economic Isolation," V&E Export Controls and Economic Sanctions E-Communication, November 23, 2011 (co-author)
"Departments of State and Commerce Propose Major Restructuring and Reduction of Export Controls for Aircraft under Export Control Reform Initiative," V&E Export Controls and Economic Sanctions E-Communication, November 21, 2011 (co-author)
"Small Business, Rising Giant: Policies and Costs of Section 8(a) Contracting Preferences for Alaska Native Corporations," Alaska Law Review, December 2006