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Jeffrey Orenstein

Fax +1.202.778.9100

Jeffrey Orenstein is a counsel in the firm’s Washington, D.C. office. He has over 12 years of experience handling international trade and transportation matters. He specializes in providing strategic counsel in the areas of U.S. sanctions, export controls, customs, maritime, and railroad regulation. He is a trusted advisor for trade-related compliance, investigations, due diligence, training programs, and representation in enforcement actions, including matters before the Office of Foreign Assets Control (OFAC), the Bureau of Industry and Security (BIS), the Directorate of Defense Trade Controls (DDTC), and Customs and Border Protection (CBP).

Mr. Orenstein advises multinational corporations on trade regulations in an array of regulatory contexts, including compliance with the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), U.S. sanctions and embargoes, import regulations, free trade agreements, and remedial tariffs and duties implemented by the Department of Commerce, CBP, and the U.S. Trade Representative (USTR). He also routinely counsels corporations on anti-boycott laws, the Foreign Corrupt Practices Act (FCPA), and national security reviews by the Committee on Foreign Investment in the United States (CFIUS) into acquisitions and investments.

Speaking Engagements

  • Tariffs & Trade Issues, International Titanium Association Conference (Oct. 9, 2018).
  • Compliance with U.S. Sanctions against Russia, CLE/CPD Webinar (Aug. 27, 2018).
  • Checking All the Required Boxes, ACI’s ITAR Bootcamp (June 7, 2018).
  • The Trump Tariffs & Their Impact, CLE/CPD Webinar (May 3, 2018).
  • Country of Origin Requirements, 6th Annual Medical Device & Diagnostic Labeling Conference (Apr. 27, 2018).
  • Country of Origin Requirements, 4th Annual Medical Device & Diagnostic Labeling Conference (Apr. 25, 2016).
  • Crude by Rail: Understanding the Amended Regulations for Rail Transport, Webinar (June 3, 2015).
  • Crude Oil Exports, U.S. Energy and Commodities Conference (Sept. 17, 2015).
  • Panel Discussion on Maritime Law, Georgetown Law Center (Nov. 28, 2011).
  • Federal Preemption of State Shipping Regulation, Green Pacific Conference (Sept. 22, 2010).
  • Sanctions compliance and enforcement – a global update, FINANCIER WORLDWIDE (May 2017).
  • Supply chain risks under US and EU sanctions and export controls, FINANCIER WORLDWIDE (April 2017).
  • VA Now Open To Non-Trade Agreements Act Compliant Drugs, LAW360 (May 3, 2016).
  • Veterans Affairs to Permit Acquisition of Non-TAA-Compliant Drugs, LEXOLOGY (April 22, 2016).
  • U.S. Government Repeals Crude Oil Export Ban, PRATT’S ENERGY LAW REPORT (April 2016).
  • 10 Things To Know About Crude Oil Swap Licenses, LAW360 (October 22 2015).
  • Medical Device Companies Face Increased TAA Scrutiny, LAW360 (March 20, 2015).
  • BIS Explains 'Commingling' and Scope of Crude Oil Export Controls, DOWNSTREAMTODAY (January 13, 2015).
  • Country of Origin’ Compliance: The Top 10 Things Pharmaceutical Companies Need to Know (February 6, 2014).
  • Origin of the Pieces: How to Determine a Pharmaceutical Product’s 'Country of Origin', 43 PUB. L. J 489 (2014).
  • Joseph Almeida: Portrait of a Privateer, Pirate and Plaintiff, Part II, 12 GREEN BAG 2D. 35 (2008).
  • Joseph Almeida: Portrait of a Privateer, Pirate & Plaintiff, Part I, 10 GREEN BAG 2D. 307 (2007).
  • Show Me the Monet: The Suitability of Product Disparagement to Art Experts, 13 GEO. MASON L. REV. 905 (2005).

  • Led investigations and represented multinational corporations before Office of Foreign Assets Control (OFAC), the Bureau of Industry and Security (BIS), and the Directorate of Defense Trade Controls (DDTC) in connection with sanctions and export violations, including managing investigation teams, responding to subpoenas, drafting disclosures, conferring with regulators, and negotiating settlements.
  • Obtained product exclusions from Section 232 tariffs on behalf of numerous U.S. manufacturers importing steel and aluminum components into the United States.
  • Designed and managed audits of importers’ compliance with U.S. Customs and Border Protection (CBP) regulations in preparation for participation in the Importer Self-Assessment program.
  • Served as trusted advisor for domestic and foreign companies on compliance with OFAC regulations, Export Administration Regulations (EAR), and International Traffic in Arms Regulations (ITAR), including obtaining licenses, developing compliance programs, and conducting training sessions.
  • Counseled multinational corporations on compliance with the Foreign Corrupt Practices Act (FCPA) by training personnel in high-risk regions, developing corrective actions to address gaps in compliance programs, and performing due diligence on public officials to avoid compliance and reputational risks.
  • Advised manufacturers and government suppliers on “country of origin” standards administered by CBP, Federal Trade Commission (FTC), Food and Drug Administration (FDA), free trade agreements, and government contracts subject to the Trade Agreements Act and Buy American Act.
  • Provided transactional counsel on U.S. sanctions, export controls, customs, anti-corruption, and anti-boycott laws for a broad variety of commercial transactions by negotiating and drafting terms that mitigate risk and clearly assign liabilities.
  • Updated general terms and conditions for international oil major to reflect new federal laws authorizing the export of crude oil to new foreign markets.
  • Negotiated and drafted liability, indemnification, compliance, and related contract terms for the sale of high-value goods to mitigate manufacturers’ risk regarding product liability and regulatory compliance.
  • Negotiated revisions to manufacturers’ agreements with subcontractors to ensure compliance with the Defense Federal Acquisition Regulations (DFARS).
  • Defended U.S. manufacturer in state court against whistleblower claims involving sanctions and export control violations.
  • Managed arbitration team to obtain favorable declaratory judgments and monetary settlements on behalf of vessel carriers in contract disputes over the proper interpretation of subcharter payment terms.
  • Successfully petitioned U.S. Customs to secure the release of cargo and currency seized at U.S. ports.
  • Obtained damage awards on behalf of cargo shippers in arbitrations against ocean carriers.
  • Advised foreign and domestic corporations on compliance with a broad array of federal laws, including U.S. sanctions, customs, export controls, FCPA, anti-boycott laws, railroad and maritime regulations.
  • Second-chaired constitutional challenge of state and local regulations as preempted by federal laws governing the carriage of cargo in interstate and international commerce.
  • Authored amicus briefs on behalf of vessel owners in Exxon Shipping Co. v. Baker, No. 07-219 (U.S. Supreme Court), helping to obtain writ of certiorari and favorable merits decision, establishing punitive damage limits.
  • Represented Port of Long Beach in federal court and before the Federal Maritime Commission, successfully defending the Port’s “clean truck program” against constitutional and regulatory challenges.
  • Helped obtain favorable settlement for state electric utility in tort and contract case against Class I Railroad.