John R. Shane

Jack has over 30 years of experience counseling U.S., foreign, and multinational clients on U.S. export controls and economic sanctions.  He regularly represents clients before the U.S. Departments of State, Defense, Commerce, and Treasury, on national security and foreign policy matters. He advises both U.S. and international firms on compliance with the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), and sanctions administered by the Office of Foreign Assets Control (OFAC), including the extraterritorial application of these regimes.  He has wide-ranging expertise across a variety of industries, including aviation, telecommunications, defense, electronics, aerospace, and financial.  He has written and lectured extensively on export control and economic sanctions issues as they relate to particular industries and technologies.  Jack also represents clients on trade remedy matters, including antidumping and countervailing duty proceedings, before the U.S. Department of Commerce, the U.S. International Trade Commission, the U.S. Court of International Trade, and the U.S. Court of Appeals for the Federal Circuit.

Representative Matters

• Counsels software and hardware companies on the unique set of export requirements and regulatory hurdles relating to encryption technology.

• Represents companies in the high-tech space regarding the export jurisdiction/classification process, implementing appropriate export compliance procedures, including with respect to foreign subsidiaries, and instituting tailored export compliance and training programs.
• Assists defense contractors in preparing license applications, ITAR registration statements, technical assistance agreements, manufacturing license agreements, and commodity jurisdiction requests, and provides counsel on the use of exemptions, where appropriate.
• Counsels foreign companies on the extraterritorial reach of U.S. export controls and economic sanctions, including with respect to U.S. goods/technology/services, U.S. dollar transactions, or other circumstances with a U.S. nexus, as well as the application of secondary sanctions.
• Conducted comprehensive internal investigations of multinational companies regarding compliance with U.S. sanctions and export controls, covering both U.S. and foreign offices.  Filed voluntary disclosures with relevant U.S. government agencies and coordinated reviews with counsel from other jurisdictions that have similar sanctions regimes as the United States.
• Advised research institutions, including U.S. and foreign universities, regarding the fundamental research exclusion, general licenses/exceptions applicable to the provision of certain educational services to foreign students, and export control and sanctions risk areas relating to projects conducted under government contracts.
• Conducts due diligence for both buyers and sellers with respect to U.S. export controls and economic sanctions in the mergers and acquisition context covering U.S. and foreign operations.

Affiliations

• American Bar Association (ABA)
• International Bar Association (IBA)
• Society of International Affairs (SIA)

Recognitions

• Listed by Chambers Global as one of the "Leaders in Their Field" for his work in Export Controls & Economic Sanctions (2020-2021)
• Listed by Chambers USA as one of "America's Leading Lawyers for Business" (2007) and as one of "America's Leading Lawyers for Business" in International Trade: Export Controls & Economic Sanctions (2019-2024)
• Recognized by Chambers Global as a "figure of considerable stature in the context of Section 337 proceedings" (2008)
• Recognized by The Legal 500 US as a "Recommended Lawyer" in International Trade (2013-2018, 2020-2024)
• BV Peer Review Rating, Martindale-Hubbell's high to very high ranking by peers for general ethical standards and legal ability