Michael Mellen focuses his practice on international trade compliance and export control matters, with an emphasis on the International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR) and the Office of Foreign Assets Control (OFAC) sanctions programs, including representation of clients before U.S. governmental agencies in investigation and administrative proceedings. In addition, Mr. Mellen has experience assisting clients with government contracts issues and preparing filings with the Committee on Foreign Investment in the United States (CFIUS) and Defense Security Service (DSS).

Select Representations

The assistance Mr. Mellen provides in these areas includes:

• Representing clients in concurrent administrative and criminal investigations by the Department of Justice and administrative export control agencies, including the Departments of State (DDTC), Commerce (BIS) and Treasury (OFAC), and conducting witness interviews, fact development and multinational internal investigations
• Preparation of voluntary self-disclosures and directed disclosures, and resolution of such matters with no penalty or penalty amounts far below the amount permitted by law
• Preparation and analysis of licensing and other export authorization applications to DDTC, BIS and OFAC
• Preparation of responses to subpoenas and requests from federal grand juries, administrative agencies and congressional oversight committees
• Preparation of commodity jurisdiction (CJ) requests to DDTC and commodity classification (CCATS) requests to BIS as well as preparation of advisory opinion requests to each agency
• Development of corporate trade compliance programs and corrective actions in response to violations of export control and sanction regulations
• Review, analysis and negotiation of non-prosecution and settlement agreements with United States attorneys
• Conducting due diligence reviews on behalf of companies involved in the merger and acquisition process, including assisting clients with notification, registration and licensing amendment issues
• Resolving international privacy law concerns involving the European Union and other jurisdictions
• Conducting global audits of business unit activities against sanctions programs administered by OFAC, laws governing corruption such as the FCPA, and the requirements of the ITAR and EAR

Bar and Court Admissions

District of Columbia, 2006

Virginia, 2005

Education

Vanderbilt University, J.D., 2005

University of Virginia, B.A., 2002

Speeches and Seminars

• "Export Controls Workshop," SRA International's 2011 West/Midwest Section Meeting, May 15, 2011

• "Intersection of Intellectual Property and Export Controls in the Defense Industry," Patton Boggs University's Annual Training Academy, April 2008

Professional Affiliations

• American Bar Association: Section of International Law; Export Controls & Economic Sanctions Committee
• Society for International Affairs
• District of Columbia Bar – International Law Section
• The Fund for American Studies Leadership Fellows Program: 2010 Fellow