Jack R. Hayes is of counsel in Steptoe's Washington office, where he is a member of the International Regulation and Compliance Group. Mr. Hayes has considerable experience in counseling clients about how to implement successful strategies in the context of overlapping international trade regulatory areas, including with respect to export controls, economic sanctions, anti-money laundering, antiboycott, and foreign corruption compliance, as well as US antidumping law and international arbitration disputes.

Export Controls

Mr. Hayes provides clients with advice and assistance in the defense and commercial sectors regarding compliance with the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR). Much of his practice relates to enforcement matters, including voluntary disclosures, internal investigations of apparent export control violations, pre-closing and post-closing acquisition export compliance due diligence, and assessments of compliance obligations and risks in accordance with relevant international trade regulations. He also assists clients in interpreting key provisions of the ITAR and EAR by providing guidance on brokering requirements and reporting obligations for certain fees, commissions, and political contributions related to sales of defense articles and defense services, preparing export and reexport license applications, including authorizations necessary for conducting international arbitrations involving ITAR-controlled technical data and defense services, submitting transaction exception requests for the export of defense articles produced by debarred persons, seeking advisory opinion requests, undertaking commodity jurisdiction and export classification analyses (including with respect to encryption software) of items and services under the ITAR and EAR, and developing compliance policies, programs, and training materials.

Economic Sanctions

Mr. Hayes advises clients in various industries regarding compliance with US and multilateral economic sanctions targeting specific countries, such as Cuba, Iran, Sudan, Syria, and Myanmar (Burma), and blocked persons or entities acting contrary to the interests of the United States, including terrorists, proliferators of weapons of mass destruction, and narcotics traffickers. This work includes counseling on due diligence best practices, risks associated with specific or proposed transactions, investments, or dealings, and contractual safeguards. Mr. Hayes supports clients in the preparation of license and advisory opinion requests to the Office of Foreign Assets Control, including issues related to foreign investment, reinsurance, charitable grants and services, establishing foreign offices, immigrants from Iran under the EB-5 visa program, and exports of agricultural goods, medicines, and medical devices under the Trade Sanctions Reform and Export Enhancement Act. He also handles internal investigations and enforcement matters, including responses to administrative subpoenas and proposed charging letters, and advises on requirements for the submission of blocked property reports. This involves direct dealings with officials at the US Department of the Treasury and US Department of State. His practice also involves counseling clients on the intersection of economic sanctions and anti-money laundering/anti-terrorism financing laws and regulations, including the creation and implementation of risk-based compliance programs, advice on know-your-customer and due diligence best practices and procedures, and assistance with regard to reporting requirements.

Anti-Boycott

Mr. Hayes advises a number of clients regarding reporting obligations and substantive prohibitions of US antiboycott requirements under Part 760 of the EAR and penalizable agreements pursuant to section 999 of the Internal Revenue Code. This work involves conducting internal investigations, providing compliance advice and training, counseling on jurisdictional and substantive provisions of the law, and submitting mandatory and voluntary disclosure reports concerning antiboycott-related issues to the US Department of Commerce.

Anti-Corruption

Mr. Hayes supports clients undertaking anti-corruption investigations. He advises on the implementation of anti-corruption safeguards, including due diligence of current and prospective business partners, to assess direct, successor, and vicarious liability risks in connection with various international business transactions, investments, and acquisitions under the Foreign Corrupt Practices Act (FCPA). Mr. Hayes also counsels clients on anti-corruption compliance issues, including risks arising from the intersection of the FCPA, the ITAR, and anti-money laundering laws and regulations. In addition, he assists clients with developing multi-jurisdictional corporate compliance policy and program development, due diligence tools, compliance protocols for international agreements and other commercial documents, codes of conduct to help clients with anti-corruption initiatives, and training materials.

International Law and Trade

Mr. Hayes provides advice and advocacy on behalf of both foreign and domestic clients on international trade matters, specifically focusing on antidumping duty investigations and reviews of Non-Market Economy respondents’ merchandise, permit requirements and obligations associated with permanent imports of defense articles, import classification and valuation, customs protests, substantial transformation issues, compliance with import quotas, and preferential tariff rate requirements. Mr. Hayes counsels clients on the requirements and procedures of US trade law, assists clients on compliance with these laws, responds to US government agency requests for information, and advocates on behalf of clients before the relevant US agencies, including the US Departments of Commerce (Import Administration), Homeland Security (Customs and Border Protection), and Justice (Bureau of Alcohol, Tobacco, Firearms, and Explosives).

Worldwide Arbitration and Dispute Resolution

Mr. Hayes participates in the representation of clients in international arbitration dispute settlement proceedings involving the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA), and the International Center for Settlement of Investment Disputes (ICSID). This work also involves counseling clients on public international law, including the UN Convention on the Law of the Sea and UN Commission on the Limits of the Continental Shelf, maritime boundary disputes, international sovereignty disputes to land territory, sovereign immunity, and treaty law.