©2017 by Little, Rothwell & Vander Lugt, PLLC.

ROBERT D. VANDER LUGT

Partner

Bob has twenty-five years of experience in international trade compliance and government contracting matters, divided almost equally between outside law practice with international law firms and in-house positions with a Tier 1 Aerospace and Defense prime contractor in the U.S.  His experience includes advising on trade control laws and regulations, building and managing the corporate infrastructure for international trade compliance as well as auditing that compliance infrastructure and investigating and disclosing potential instances of non-compliance.  He specializes in international trade and anticorruption controls, government contracts, offsets, and public international law, including the legal and regulatory compliance issues arising from:

  • Federal Acquisition Regulations (FAR), Defense Acquisition Regulations (DFAR) and other agency procurement regulations

  • Arms Export Controls ACT (AECA), and the International Traffic in Arms Regulations (ITAR)

  • Export Administration Act (EAA) as extended, and the Export Administration Regulations (EAR)

  • Hart-Scott-Rodino antitrust reviews

  • Exon-Florio CFIUS reviews of mergers, acquisitions and divestitures

  • US customs and import regulations

  • False Claims Act

  • Embargos, trade sanctions, and the Treasure Department’s Office of Foreign Assets Control (OFAC) Regulations

  • Foreign Corrupt Practices Act (FCPA)

  • National Industrial Security Program Operating Manual (NISPOM) and DoD regulations of classified contracts

  • Public international law issues facing multinational corporations, foreign sovereigns and international organizations

  • Non-U.S. government trade compliance, anticorruption & procurement regulations, and offset guidelines 

EXPERIENCE HIGHLIGHTS

International Trade Compliance

  • Advised on export control, import, sanctions, anticorruption laws & regulations; developed compliance plans and licensing strategies

  • Developed and implemented compliance assessment procedures and performed trade control audits

  • Drafted, reviewed and interpreted hundreds of licenses, agreements and provisos

  • Negotiated with BIS, DDTC, DoD, OFAC, the NSA, FBI and various non-US regulators

  • Conducted dozens of internal investigations, drafted and defended both directed and voluntary disclosures, and managed responses to both civil and criminal inquires by the USG

Government Contracts

  • Reviewed defense contractors in actions relating to facility security clearances (FCL), including mitigation of Foreign Ownership, Control or Influence (FOCI), operation of Special Security Agreements (SSA) and Proxy Arrangements, structuring of transnational ventures, and other NISPOM compliance issues

  • Challenged contract award decisions through agency and General Accounting Office (GAO) bid protest procedures, including classified and Special Access Programs (SAP) contracts

  • Defended a major A&D contractor against Natural Resource Damages (NRD) claims on the basis of its limited duties under the Government-Owned-Contractor-Operated (GOCO) facilities contract

  • Prepared CFIUS filing for defense contractor acquisitions by, and divestitures to, foreign corporations

Industrial Security

  • Represented defense contractors in actions relating to facility security clearances (FCL), including mitigation of Foreign Ownership, Control or Influence (FOCI), operation of Special Security Agreements (SSA) and Proxy Arrangements, structuring of transnational ventures, and other NISPOM compliance issues

  • Successfully challenged revocation of personnel security clearances (PCL) for defense contractor personnel, appearing before administrative law judges of the Defense Office of Hearings and Appeals

Public International and Transnational Legal Issues

  • Advised companies & foreign sovereigns on international law issues ranging from law of the sea and maritime boundary delimitation to treaty interpretation and settlement of investment disputes

  • Advised President of Afghanistan on National Security authorizing legislation, and border security issues

  • Advised clients on relevant European Union laws, regulations, and dispute resolution procedures

In house at a major U.S. aerospace and defense contractor

  • Led the team which provided export and import strategy, licensing risk assessment, and compliance assurance, including:

    • Management of more than 500 active export license & agreements​

    • Creation of integrated enterprise-wide export policies, procedures, and automated solutions

    • Training, monitoring and risk assessment & audit

    • Investigation of possible instances of non-compliance, and all corrective actions

    • Successful resolution of multiple voluntary disclosures

    • Negotiation, planning and execution for timely closure of a DDTC export consent agreement

  • Created an enterprise governance capability for Offset management​

  • Assisted in the creation and implementation of Anticorruption controls

  • Assisted in the creation and implementation of Technology Release processes

EDUCATION

​​

  • University of Virginia, J.D., 1991

  • Oral Roberts University, B.A. History and Government, summa cum laude, 1987

  • Admitted to practice:  Virginia & District of Columbia