Daniel J. Gerkin

Daniel J. Gerkin is an international trade and national security partner in the Washington, D.C., office of Kirkland & Ellis LLP. Dan advises on issues involving the transnational flow of goods, software, technology and services, as well as investments in the United States and abroad. Specifically, Dan counsels a variety of U.S., international and multinational companies, hedge funds, private equity funds, venture funds, Special Purpose Acquisition Companies, financial institutions, and investment advisers in matters concerning U.S. export controls, economic embargoes and sanctions, investment security reviews, supply chain security, customs, and trade remedies and other trade-related investigations, often in connection with mergers and acquisitions and other business transactions.

Dan represents clients regarding compliance with the Export Administration Regulations (EAR), including anti-boycott compliance, the International Traffic in Arms Regulations (ITAR), the Foreign Trade Regulations, the embargoes and sanctions programs and investment restrictions administered by the Office of Foreign Assets Control (OFAC) and the U.S. Department of State, and sanctions-related legislation. In particular, he assists clients with commodity classification requests, commodity jurisdiction requests, advisory opinion requests, encryption-related compliance, applications for licenses and other export authorizations, voluntary prior disclosures and responses to administrative subpoenas, internal audits and investigations, and has created comprehensive export compliance policies and procedures.

Dan has counseled clients in connection with matters implicating the Committee on Foreign Investment in the United States (CFIUS) and has successfully led a number of clients through the CFIUS clearance process. His experience includes transactions in the aerospace and defense, energy, logistics, software, telecommunications, financial services and industrial sectors, among others. In particular, Dan routinely conducts “critical technology” assessments in connection with foreign investment-related transactions.

Additionally, Dan represents U.S. importers before U.S. Customs and Border Protection (CBP) and the U.S. Court of International Trade in connection with a wide variety of customs matters, including tariff classification, import valuation, country of origin, country of origin marking, preferential programs and free trade agreements, drawback, reconciliation, temporary importations under bond, Foreign Trade Zones, and textile quota and visa requirements. He also represents foreign manufacturers and exporters and U.S. importers in traditional and nonmarket anti-dumping and countervailing duty proceedings, as well as in Section 201, 232 and 301 proceedings.