Government contracts attorney John Howell recently advised a client on the complicated export controls and sanctions applied to Belarus, the Russian Federation, and Ukraine’s Donetsk and Luhansk regions. The client, a U.S. industrial and environmental product supplier, ships products domestically and globally. The company sought John’s counsel on the legal compliance issues and practical implications of shipping to these areas, considering sanctions and export controls that apply to the Russian Federation as well as Belarus and Russian-controlled areas of Ukraine.
Export controls and sanctions are subject to the regulations of three federal agencies—the U.S. Department of Commerce, the U.S. Department of State, and the U.S. Department of the Treasury—as well as various statutes and executive orders. Since the Russian invasion of Ukraine, providing counsel in this area has required detailed attention to a stream of federal pronouncements, as well as continued familiarity with the federal agencies’ laws restricting the transfer of goods, services, and technology outside of the U.S.
To provide his client with sound counsel in this dynamic and fluctuating area, John leveraged his existing knowledge of the Commerce Department’s Export Administration Regulations (EAR), which regulates dual use items; the State Department’s International Traffic in Arms Regulations (ITAR), which regulates exports of defense articles and services; and the Treasury Department’s Office of Foreign Assets Control (OFAC), which administers sanctions largely related to the provision of services. Furthermore, he has a daily practice of monitoring the Federal Register, the official journal of the U.S. government, and reviewing all aspects of the periodical that pertain to export controls and sanctions.
John earned a Masters in Administrative Law (LL.M.) from The National Law Center of The George Washington University, and his JD from Duke University School of Law. His practice focuses on government contracts, grants, and investigations from the firm’s Washington, D.C., office. For over thirty years, he has been fully engaged in all aspects of government contracts law, export controls and sanctions, national security and defense procurement law, construction law, and commercial contracting. He is experienced in international business, procurement, and trade work.