John A. Detzner
Harvard Law School, J.D., 1980
Harvard College, A.B., 1977
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
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
Assisted U.S. and foreign companies and research institutions involved in aerospace, defense, satellite, telecommunications, electronics, civil nuclear power, night vision and infrared sensors, computers, truck and automotive, and other industries and technologies, with export licensing and other U.S. government approval requests, commodity jurisdiction and product classifications, advisory opinions, due diligence reviews of prospective sales, exports, other transactions, mergers and acquisitions, and compliance planning concerning overseas vendors, joint venture partners, distributors, and marketing representatives.
Assisted large and small U.S. and foreign companies and research institutions with internal investigations, prepared over one hundred voluntary and directed disclosure reports involving ITAR, EAR, OFAC, NRC, FCPA, FTR, CBP, and anti-boycott matters, assisted the companies in resolving issues with the applicable agencies, developed and implemented corrective actions, provided training, and developed enhanced compliance programs.
Counseled private and publicly traded companies concerning FCPA compliance issues involving potential payments, gifts, marketing activities, and books and records issues; conducted internal investigations of alleged FCPA violations by U.S. and foreign companies, prepared and presented voluntary disclosure reports to DOJ and the SEC, provided FCPA training, and strengthened FCPA compliance programs.
Advised U.S. 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, de minimis and substantial transformation issues, foreign subsidiary activity, shipping and transshipment activities, potential conflicts with non-U.S. laws and blocking statutes, and additional issues raised by proposed and prior transactions, and prepared related OFAC voluntary disclosures and advisory opinion requests.
Counseled companies and conducted internal reviews involving the 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, and substantial transformation and other issues raised by the Trade Agreements Act, and assisted companies with related offshore procurement planning.
Advised 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 assisted companies with related reporting requirements and voluntary disclosures.
Conducted 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, and assisted companies with related corrective actions, training, preventative compliance programs, and coordination with U.S. and non-U.S. laws regarding employment, non-discrimination, and privacy.
Assisted private and publicly held companies in due diligence reviews of proposed acquisitions and joint ventures regarding international trade compliance, coordinated inquiries to target companies and reviewed related voluntary disclosures, and assisted with related indemnification provisions prior to acquisition.
“Export Control Reform de los Estados Unidos y su Impacto a Compañías 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.