ROBERT J. ROTHWELL

Partner

+1.202.899.4452

Rob focuses his practice on export controls. Rob conducts internal corporate investigations and export audits, drafts compliance plans, and counsels clients through all stages of involvement in complex export transactions, from mandatory registrations, technology release issues, and strategies for licenses and Commodity Jurisdiction Determinations and Commodity Classification Requests, to preparation and submission of voluntary disclosures.

His representation includes: investigations and voluntary disclosures for public and private companies; advising on license strategies; compliance reviews; and development of internal control and compliance plans for export controls and international transactions involving the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), and sanctions administered by the Office of Foreign Assets Control (OFAC).

Rob works closely with clients to provide representation and guidance on sensitive matters. Frequently an integral part of clients’ internal teams, Rob has fulfilled in-house assignments for matters demanding critical attention and full-time access. Rob counsels clients in compliance with the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), and sanctions administered by the Office of Foreign Assets Control (OFAC). He also assists clients with border seizures by Customs and the Office of Export Enforcement. Rob conducts internal corporate investigations, drafts compliance plans, participates in export audits, and counsels clients through all stages of involvement in complex export transactions, from mandatory registrations, technology release issues, Commodity Jurisdiction Determination, to preparation and submission of voluntary disclosures. Rob is a guest lecturer and has conducted specialized in-house training at the operational, management, and senior executive levels.

EXPERIENCE HIGHLIGHTS

Export Controls & Sanctions

Principal investigator on numerous matters involving alleged export control violations
Investigated and presented voluntary disclosures under the EAR, ITAR and OFAC sanctions
Evaluated company internal processes and developed and reviewed compliance plans for defense and commercial companies, including technology control plans
Assisted in conducting reviews required by DDTC Consent Agreements
Advised on the jurisdiction and classification of hardware, services and technology under the EAR and ITAR, including preparation of Commodity Jurisdiction Determination Requests and Classification Requests
On-site, long-term secondment to legal and EXIM departments of major defense contractors
Investigated and defended clients in border seizures by U.S. Customs and Border Protection
Assisted in reviews and presentation of voluntary self-disclosure to the Census Bureau for alleged reporting anomalies under the Automated Exporter Services (AES)system and Foreign Trade Regulations
Conducted audits and due diligence associated M&A activities, both pre- and post-acquisition
Provided counseling about and prepared TAAs, MLAs and licenses to authorize exports of hardware, services and technology
Advised on ITAR registration and license requirements involved in M&A activities
Advised clients on the use of license exemptions and exceptions for exporting hardware, services and technology
Provided counseling on the export of petroleum products and crude oil
Developed and presented in-house export compliance training for large and small commercial and defense companies

Government Contracts

Advised on interpretation and application of government contract law, including the Federal Acquisition Regulation (FAR) and agency supplements, for numerous prime contractors and subcontractors
Represented clients in bid protests and in asserting and negotiating contracts claims before federal and state administrative forums and courts
Provided counseling on various cost accounting issues and represented clients in matters involving DCAA and DCMA
Represented clients in asserting and responding to FOIA requests
Represented clients in mergers and divestitures, including due diligence reviews and contract novation
Long-term assignment to in-house legal department of major defense contractor

EDUCATION

Catholic University, J.D., magna cum laude, 1994 (Law Review)
James Madison University, B.B.A. Business Administration 1984
Admitted to practice: Virginia & District of Columbia

PUBLICATIONS & PRESENTATIONS

"The See-Through Doctrine Applied to Civil Aircraft Components - States Policy Contravenes Congressional Intent," International Government Contractor (co-author)
"Joint International Production, Research and Co-Development with Foreign Partners: Managing Export Compliance Risk in the Global Marketplace," International Government Contractor (co-author)