John A. (Jack) Detzner, resident in the firm’s Washington, D.C. office, counsels and represents U.S. and non-U.S. companies and research institutions in international trade policy and regulation matters, including compliance with the International Traffic in Arms Regulations, the Export Administration Regulations, Office of Foreign Assets Control sanctions programs, the Foreign Corrupt Practices Act, U.S. anti-boycott regulations, Department of Energy and Nuclear Regulatory Commission export control regulations, Buy American Act and the Trade Agreements Act requirements, the Defense Department’s FMS and FMF Programs, ATF-controlled imports, and U.S. import regulations concerning rules of origin, tariff preferences, ruling requests, and seizures. 

In these areas, Mr. Detzner assists companies and universities with internal investigations and voluntary disclosure reports; governmental enforcement actions; external and internal audits; due diligence reviews of prospective mergers and acquisitions; compliance programs, training programs, and other corrective actions; licenses and other governmental approval requests; commodity jurisdiction, product classification, and advisory opinion requests; and compliance planning concerning overseas vendors, joint venture partners, distributors, and marketing representatives.

He has over 25 years of experience assisting Fortune 500 companies and smaller companies in a wide range of industries and technologies, including aerospace, defense, satellite, telecommunications, electronics, civil nuclear power, night vision and infrared sensors, computers, truck and automotive, and many other industries and technologies.   

Mr. Detzner is fluent in Spanish and conducts his work in both English and Spanish.  

From 2011 through 2014, Mr. Detzner served on the Inter-American Development Bank’s Sanctions Committee as an External Member.  Mr. Detzner is a member of the Board of Advisers to the Foreign Corrupt Practices Act Reporter, and is a former co-chair of the ABA Task Force on International Standards for Corrupt Practices.  

Mr. Detzner serves on the Steering Group of the ABA Committee on Export Controls and Economic Sanctions.  He also serves as a volunteer attorney for the Small Business Administration’s Export Legal Assistance Network. 

Education:
Harvard Law School, J.D., 1980
Harvard College, A.B., 1977

Languages:
Spanish

Bar and Court Admissions:
U.S. Supreme Court
U.S. Court of Appeals for the District of Columbia
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Federal Claims
U.S. District Court for the District of Columbia
U.S. District Court for the Northern District of Illinois
U.S. Court of International Trade
District of Columbia
Illinois

Other Professional Affiliations:
American Bar Association (International Law, Public Contract Law, and Business Law Sections)
District of Columbia Bar (International Law Section)
Inter-American Bar Association
Inter-American Dialogue

Representative Matters:
Assists domestic and foreign companies and research institutions with export licensing and other U.S. government approval requests; commodity jurisdiction and product classifications; advisory opinions; due diligence reviews of prospective sales, exports, and mergers and acquisitions; and compliance planning concerning overseas vendors, joint venture partners, distributors, and marketing representatives. 

Assists domestic and foreign companies and research institutions with internal investigations, voluntary disclosures, and directed disclosures involving ITAR, EAR, OFAC, NRC, DOE, FCPA, FTR, CBP, and anti-boycott matters; assists companies in resolving issues with the applicable agencies; develops and implements corrective actions; provides training; and develops enhanced compliance programs.

Counsels private and publicly traded companies concerning FCPA compliance involving potential payments, gifts, marketing activities, and books and records issues; conducts internal investigations of alleged FCPA violations by U.S. and foreign companies; prepares voluntary disclosure reports; provides FCPA training; and strengthens FCPA compliance programs.

Advises domestic and foreign companies concerning OFAC compliance issues, including the impact of new and established economic sanctions programs on existing and proposed domestic and international activities; potential U.S. person involvement in non-U.S. activities; foreign subsidiary activity; de minimis and substantial transformation issues; shipping and transshipment activities; potential conflicts with non-U.S. laws and blocking statutes; and additional issues raised by proposed and prior transactions; and prepares related OFAC voluntary disclosures and advisory opinion requests. 

Counsels companies and conducts internal reviews involving the Defense Department’s Foreign Military Sales Program and Foreign Military Financing Program, including foreign content, contingent and commission payments, and other compliance issues; foreign content issues raised by the Buy American Act; substantial transformation and other issues raised by the Trade Agreements Act; and assists companies with related offshore procurement planning.

Advises clients concerning boycott-related requests for information, certifications, and requirements imposed by requests for quotation, contract clauses, shipping instructions, letter of credit provisions, and other documents; and assists companies with related reporting requirements, voluntary disclosures, training, and procedures. 

Conducts deemed export and deemed re-export internal reviews of foreign national, dual national, and third country national employees of U.S. and non-U.S. companies in countries throughout the world; assists companies with related corrective actions, training, and preventative compliance programs; and coordinates these actions with U.S. and non-U.S. laws regarding employment, non-discrimination, and privacy.

Assists private and publicly held companies in due diligence reviews of proposed acquisitions and joint ventures regarding international trade compliance; coordinates inquiries to target companies and reviews related voluntary disclosures; and assists companies with related indemnification provisions prior to acquisition.

Publications:
“’Export Control Reform’ de los Estados Unidos y su Impacto a Empresas No Estadounidenses” (“Export Control Reform of the United States and Its Impact on Non-U.S. Companies”), March 2015.

“Compañías y Personas No Estadounidenses y la FCPA: La Ley Contra Prácticas Corruptas en el Extranjero” (“Non-U.S. Companies and Persons and the FCPA: The Foreign Corrupt Practices Act”), Foreign Corrupt Practices Act Reporter (April 2010).

“FCPA, ITAR, EAR y OFAC: Alcance Extraterritorial a Compañías No Estadounidenses y Programas Relacionados a su Cumplimiento” (“FCPA, ITAR, EAR and OFAC: Extraterritorial Reach to Non-U.S. Companies and Related Programs for Compliance”), Revista Derecho de los Negocios, No. 234, March 2010 (Madrid).

 “Model Foreign Consultant Compliance Program for Foreign Corrupt Practices Act,” ABA-CLE National Institute on the Foreign Corrupt Practices Act:  2002, 2001, 2000, 1999, and 1998.

“Model Company Policy and Procedure for Foreign Corrupt Practices Act,” ABA-CLE National Institute on the Foreign Corrupt Practices Act:  2002, 2001, 2000, 1999, and 1998.

“Challenges Facing Public Sector Procurement in the United States,” Inter-American Development Bank, Seminar on Efficiency and Transparency in Public Sector Procurement, February 26-27, 1998 (co-author).

“In Chile, Environmental Law Awaits Regulations,” National Law Journal, December 23, 1996, Section C, pp. 4-6 (co-author).

“Chile’s Environmental Framework Law: Considerations for Foreign Investors,” in NAFTA and the Environment, Martinus Nijhoff Publishing, 1996 (co-author).

“Doing Business in Post-Devaluation Mexico,” Inter-American Trade and Investment Law, February 1995 (co-author).

“Foreign Investment in Chile,” Corporate Counsel’s International Adviser, September 1994.

Pro Bono Activities:
Mr. Detzner’s pro bono work has included legal assistance to the Chilean Truth and Reconciliation Commission, to the family of a U.S. citizen killed in Chile, and to the family of two Chilean citizens killed in Argentina.  For many years he served pro bono as Legal Counsel of the Center for Justice and International Law in Washington. On behalf of Human Rights Watch and at the request of the Special Prosecutor of the Transitional Government of Ethiopia, he prepared an amicus brief to the Ethiopian Supreme Court regarding its review and application of international human rights law in domestic criminal cases against members of the former Mengistu regime.  In this area of international law, he is the author of a book in Spanish entitled Tribunales Chilenos y Derecho Internacional de Derechos Humanos (Chilean Courts and International Human Rights Law) (Santiago 1988), and articles in Spanish, including “Utilización de mecanismos internacionales en la protección de derechos humanos: el caso chileno,”  (“Use of International Mechanisms in the Protection of Human Rights: The Chilean Case”) Revista IIDH, 6 (1987): 3-20.

Washington DC

Phone: (202) 776-1155

Email: jdetzner@npwdc.com