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Daniel J. Gerkin

Daniel J. Gerkin Counsel, Export Controls & Economic Sanctions

Dan represents a diverse array of U.S. and multinational clients in matters relating to U.S. export controls, economic embargoes and sanctions, customs, and trade remedies. He advises on issues involving the transnational flow of goods, software, technology, and services, as well as investments in the United States and abroad, and routinely counsels clients on international trade law matters in connection with mergers and acquisitions and other business transactions.

Dan advises clients regarding compliance with the Export Administration Regulations (“EAR”), including antiboycott compliance, the International Traffic in Arms Regulations ("ITAR"), the embargoes and sanctions programs administered by the Office of Foreign Assets Control, and sanctions-related legislation. He assists clients with the preparation and submission of commodity classification requests, commodity jurisdiction requests, requests for advisory opinions, applications for licenses and other export authorizations, voluntary prior disclosures, and responses to administrative subpoenas, and has created comprehensive export compliance policies and procedures manuals.

Dan also represents U.S. importers before U.S. Customs and Border Protection ("CBP") and the U.S. Court of International Trade in connection with a wide variety of customs matters, including tariff classification, import valuation, country of origin, country of origin marking, preferential programs (e.g., Generalized System of Preferences) and free trade agreements (e.g., North American Free Trade Agreement), drawback, reconciliation, temporary importations under bond, Foreign Trade Zones, and textile quota and visa requirements. He has also represented a wide variety of foreign manufacturers and exporters and U.S. importers in traditional and non-market economy antidumping and countervailing duty proceedings.

Finally, Dan has counselled clients in connection with matters implicating the Committee on Foreign Investment in the United States ("CFIUS"), and has successfully shepherded a number of clients through the CFIUS clearance process. 

Experience Highlights

  • Counselled client in connection with notification under ITAR following alleged cyber intrusion by state-sponsored Chinese entity
  • Provided U.S. embargoes and sanctions advice to non-U.S. offshore drilling concern in connection with proposed joint venture with designated Iranian shipyard and proposed joint venture with sanctioned Russian energy company
  • Favorably resolved disclosures regarding EAR and OFAC compliance issues identified in due diligence relating to the acquisition by a major U.S. oilfield services company of a U.S. software developer (co-lead)
  • Counselled publicly-traded U.S. electronics manufacturer and importer in connection with disclosure matters pertaining to the tariff classification of certain imported printed circuit board assemblies and related CBP disclosure audit
  • Achieved separate rate treatment and a favorable scope determination on behalf of a U.S. importer and its Chinese supplier in connection with non-market economy antidumping and countervailing duty proceedings on Crystalline Silicon Photovoltaic Cells from the People’s Republic of China and Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China; secured similar treatment in connection with Certain Crystalline Photovoltaic Products from the People’s Republic of China; challenged scope determination at the U.S. Court of International Trade in connection with latter proceeding; coordinated communications with CBP regarding applicability of antidumping and countervailing duty investigations and orders to imported solar modules
  • Obtained CFIUS clearances in connection with acquisition of assets of U.S. lithium ion battery manufacturer and acquisition of aerospace tooling manufacturer; prepared appropriate ITAR notifications relating to latter transaction, including several notifications relating to tax driven changes in private equity ownership and control structure

Export Controls

  • Conducted internal reviews resulting in multiple voluntary disclosures to the State Department under ITAR for a major U.S. defense contractor 
  • Prepared appropriate notifications of changes in foreign ownership and control to the State Department under ITAR in connection with multiple acquisitions of U.S. companies by non-U.S. acquirers, including, most recently, an acquisition of a U.S. satellite imaging company
  • Secured favorable commodity jurisdiction determinations from the State Department under  ITAR for a major automotive parts and components manufacturer 
  • Advised multiple clients regarding migration of defense articles to the EAR from the ITAR in connection with the Export Control Reform Initiative 
  • Advised client regarding potential EAR and ITAR implications of relocating European-based servers to the United States
  • Developed and implemented global U.S. export controls, embargoes, and sanctions policies and procedures for U.S.-based multinational
  • Conducted internal investigation in connection with eventual removal of non-U.S. entity from the Bureau of Industry and Security’s (“BIS”) Denied Persons List
  • Coordinated internal investigation in support of voluntary prior disclosure under the ITAR regarding certain activities in support of U.S. Government contracts in Afghanistan
  • Obtained encryption classification determinations on behalf of a non-U.S. financial institution relating to certain mobile banking software applications, provided advice regarding U.S. export control issues associated with U.S. and non-U.S. software development, including relating to foreign national developers, and revised U.S. export compliance language in End User License Agreement
  • Enabled self-classification under the encryption regulations of PC-based gaming console and associated proprietary operating system software and wireless controller, virtual reality headset and accompanying peripherals, and streaming hardware
  • Advised Korean conglomerate and U.S. investment managers in connection with crude oil and condensate export policy matters
  • Advised multiple clients in connection with Foreign Trade Regulations matters, including, in particular, the engineering of “routed export transactions”

U.S. Embargoes and Sanctions

  • Advised U.S. mobile telecommunications provider in connection with proposed entry into roaming services agreement with Cuban state-owned telecommunications company
  • Counselled non-U.S. financial institution in connection with threat of “secondary” sanctions pursuant to Iran sanctions legislation
  • Advised non-U.S. drayage crane manufacturer in connection with “secondary” Iran sanctions risks
  • Counselled multiple U.S. asset managers, as well as U.S. and non-U.S. suppliers of goods and services, including those subject to retaliatory measures, in connection with Russia/Ukraine sanctions matters
  • Advised on Russia/Ukraine sanctions issues in connection with Sharia-compliant reverse repurchase arrangement involving a subsidiary of an SSIL-listed financial institution
  • Assisted non-U.S. subsidiary of U.S. entity in connection with embargoes and sanctions compliance matters relating to development project in Myanmar
  • Advised numerous pharmaceutical and medical device manufacturers, and ingredient suppliers, in connection with commercial sales to customers in U.S. embargoed countries under the Trade Sanctions Reform and Export Enhancement Act of 2000
  • Conducted comprehensive U.S. export controls and embargoes and sanctions compliance assessment on behalf of non-U.S. multinational and its U.S. subsidiaries

Foreign Direct Investment and National Security Matters

  • Secured CFIUS clearance in connection with the acquisition of a U.S. regulated natural gas utility by a  Canadian energy infrastructure company 
  • Representing Canadian remote sensing operations company in connection with its pending acquisition of a U.S. remote sensing operations company. Also providing required ITAR compliance advice in connection with proposed acquisition, including relating to the preparation and submission of necessary ITAR notifications 
  • Counseled U.S. private equity fund in connection the prospective sale of certain oil and gas producing leases to a non-U.S. investment fund 
  • Counselled clients in the energy, manufacturing, software and technology, and telecommunications sectors in connection with matters potentially implicating the jurisdiction of the Committee on Foreign Investment in the United States (“CFIUS”)
  • Secured CFIUS clearance in connection with the acquisition of the nuclear generating business of a major U.S. energy producer

U.S. Import Compliance

  • Filed administrative protests, post-entry amendments, and voluntary prior disclosures, as necessary, to U.S. Customs and Border Protection (“CBP”) on behalf of U.S. importers of consumer electronics parts and components, oil country tubular goods, steel nails, and tapered roller bearings in connection with the failure to declare the imported merchandise as subject to antidumping and/or countervailing duty orders
  • Counselled publicly-traded U.S. importer of automated teller machines in connection with disclosure matters pertaining to the failure to declare certain assists as part of the price actually paid or payable for imported merchandise; developed assist identification, tracking, and apportionment protocols
  • Challenged tariff classification of imported compression hosiery in connection with voluntary prior disclosure and further advanced alternative tariff classification arguments in administrative protests
  • Coordinated global customs country of origin marking review on behalf of U.S. PC game developer
  • Advised Chinese entities regarding U.S. import compliance issues in connection with proposed listings on The Stock Exchange of Hong Kong
  • Counselled major U.S. tire distributor in connection with customs issues relating to acquisition target
  • Secured release of certain consumer electronic devices following allegation that such devices violated the Lanham Act by bearing counterfeit trademarks
  • Counselled U.S. furniture importer in connection with pending CBP civil penalty and Civil False Claims Act investigations pertaining to the alleged misclassification of certain imported furniture and resulting avoidance of antidumping duty deposit requirements

Trade Remedies

  • Counsel U.S. ceramics manufacturer in connection with potential initiation of antidumping and countervailing duty proceedings targeting Chinese producers and exporters
  • Advised major U.S. energy company in connection with contractual undertakings requiring foreign sourcing of solar products to ensure minimal exposure to existing antidumping and countervailing duty orders and pending investigations
  • Achieved favorable specialty trailer tire scope exclusion language in connection with Passenger Vehicle and Light Truck Tires from the People’s Republic of China on behalf of membership of U.S. trade association

Contact Details


T +1.202.639.6654
F +1.202.879.8954
2200 Pennsylvania Avenue NW
Suite 500 West
Washington, DC 20037-1701
Local time: 8:03 PM
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Dan's Practices

  • J.D., George Washington University Law School, 2000 (Moot Court Board)
  • B.A., Georgetown University, 1997
  • Admitted to practice: District of Columbia; New York; United States Court of Appeals for the Federal Circuit; United States Court of International Trade
  • K&L Gates LLP, Washington, DC (2010 – 2015)
  • Kirkland & Ellis LLP, Washington, DC (2000 – 2002; 2007 – 2010)
  • Venable LLP, Washington, DC (2004 – 2007)
  • Alston & Bird LLP, Washington, DC (2002 – 2004) 
  • American Bar Association, Section of International Law, (Customs Law Committee, Export Controls & Economic Sanctions Committee, International Trade Committee)
  • Customs & International Trade Bar Association
  • Society for International Affairs
  • Everybody Wins! DC