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Daniel J. Gerkin

Daniel J. Gerkin Counsel, Export Controls & Economic Sanctions

Dan represents a diverse array of U.S., non-U.S., and multinational clients in matters relating to U.S. export controls, economic embargoes and sanctions, customs, and import trade proceedings. 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.

In addition, 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.

Finally, Dan 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, as well as in Section 201, Section 232, and Section 301 investigations.

Experience Highlights

  • Resolved voluntary prior disclosures at both the Bureau of Industry and Security (“BIS”) and the Office of Foreign Assets Control (“OFAC”) with no action for multinational oilfield services company in connection with activities undertaken in Myanmar
  • Advise U.S. automotive components manufacturer regarding wind-down of activities as a result of Russia/Ukraine sanctions designations
  • Secured clearance on behalf of non-U.S. satellite equipment manufacturer in connection with its acquisition of a U.S. satellite imaging company; handled associated ITAR registration and license transfer requirements 
  • Represented U.S. solar company before the U.S. International Trade Commission and Office of the United States Trade Representative in connection with solar-related Section 201 safeguard investigation, including by submitting request for exclusion of certain high-efficiency cells and modules from proclaimed tariffs 

Export Controls

  • Obtained favorable commodity jurisdiction determinations and commodity classification determinations from the Directorate of Defense Trade Controls (“DDTC”) and BIS for a U.S. manufacturer pertaining to items supplied to a U.S. defense contractor in connection with the operation of unmanned aerial vehicles, thereby eliminating any requirement to be registered in accordance with the ITAR
  • Achieved favorable commodity classification determinations for major U.S. automotive manufacturer pertaining to data localization and machine learning / neural networking software for use in connection with autonomous vehicles, thereby permitting U.S. development work to be undertaken by foreign national employees
  • Secured warning letter for U.S. manufacturer in connection with voluntary prior disclosure to BIS relating to unauthorized access to export-controlled technology by foreign national employees
  • Prepared voluntary prior disclosure to BIS by U.S. energy company in connection with unauthorized export of hardware requiring a license, as well as related request for authorization to engage in transactions involving such hardware
  • Favorably resolved multiple ITAR-related voluntary prior disclosures for multiple divisions of major U.S. defense contractor
  • Secured favorable advisory opinion from BIS, multiple commodity classification determinations from BIS, and outcome of BIS voluntary prior disclosure for U.S. spacecraft and space-related systems manufacturer
  • Obtained encryption classification determinations on behalf of multiple software developers, including 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

U.S. Embargoes and Sanctions

  • Counsel non-U.S. marine engine manufacturer in connection with Iran sanctions compliance matters
  • Advise U.S. professional services company in connection with sanctions compliance under various OFAC country-based programs
  • Counsel non-U.S. manufacturer of equipment for the oil and gas industry in connection with Russia and Iran sanctions matters
  • Provided Iran sanctions guidance in connection with acquisition by U.S. private equity fund of non-U.S. entity engaging in Iran-related business
  • Advised U.S. mobile telecommunications provider in connection with proposed entry into roaming services agreement with Cuban state-owned telecommunications company
  • Counseled 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

Foreign Direct Investment and National Security Matters

  • Obtained clearance on behalf of non-U.S. energy company in connection with acquisition of a U.S. utility 
  • Advised U.S. upstream oil producer and U.S. private equity sponsor in connection with proposed sale of certain oil and gas producing leases 
  • Counsel U.S. midstream pipeline company in connection with the proposed sale of a limited liability company interest in an entity owning significant pipeline assets to a non-U.S. pension fund

U.S. Import Compliance

  • Counselled 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; challenged customs interest penalty; served as non-retained expert in connection with derivative litigation
  • Advised U.S. exporter of purified liquid propane in connection with verification undertaken by Korean customs authorities to determine whether the propane was considered to originate in the United States pursuant to the Korea-U.S. Free Trade Agreement
  • Counsel U.S. importer of crude oil from Canada in connection with challenge to denial of NAFTA claim
  • Advised U.S. importer of virtual reality hardware on tariff classification and associated Federal Communications Commission requirements
  • 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 and Other Import Trade Proceedings

  • 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
  • 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
  • Counseled U.S. importer of aluminum regarding implications of tariffs imposed in connection with Section 232 national security investigation

Contact Details


T +1.202.639.6654
F +1.202.879.8954
2200 Pennsylvania Avenue NW
Suite 500 West
Washington, DC 20037
Local time: 6:45 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