Daniel J.
Gerkin

Dan Gerkin is a partner in the National Security Practice Group. He advises on issues involving the transnational flow of goods, software, technology and services, as well as in connection with investments in the United States and abroad. Dan has advised on matters involving 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; his clients have included U.S., international and multinational companies, hedge funds, private equity funds, venture funds, Special Purpose Acquisition Companies, financial institutions and investment advisers.

Dan provides specialized guidance on compliance with the Export Administration Regulations (EAR), including anti-boycott compliance, International Traffic in Arms Regulations (ITAR), Foreign Trade Regulations, embargoes and sanctions programs and investment restrictions administered by the Office of Foreign Assets Control (OFAC) and the U.S. Department of State. 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. Dan has created comprehensive export compliance policies and procedures, and also counsels clients in connection with the supply chain security authorities administered by the Office of Information and Communications Technology and Services within the U.S. Department of Commerce.

Dan also represents 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. He routinely conducts “critical technology” assessments in connection with foreign investment-related transactions.

Dan frequently 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.

Dan is recognized in Legal 500 US for Customs, Export Controls and Economic Sanctions (2025) and International Trade and National Security (2022 – 2025). He has been recognized in Best Lawyers for International Trade and Finance Law (2024 – 2025) and was previously a member of Law360’s International Trade Editorial Advisory Board.

Dan’s experience includes:

Transactional

• Arlington Capital Partners in its $185 million acquisition of L3 Electron Devices, a manufacturer of vacuum electron devices, and Narda Microwave-West, a manufacturer of microwave components and subsystems for aerospace and defense applications, from L3Harris Technologies;
• Keysight Technologies in its acquisition of the Optical Solutions Group from Synopsys;
• KKR in its acquisition of CIRCOR International, Inc., a leading provider of mission critical flow control products and services for the Industrial and Aerospace & Defense markets; and
• MACOM Technology Solutions Holdings in its acquisition of the assets and operations of OMMIC SAS, a semiconductor manufacturer with expertise in wafer fabrication, epitaxial growth and monolithic microwave integrated circuit processing and design.

Export Controls and Information and Communications Technology and Services

• advise major U.S. pharmaceutical company in connection with U.S. export and deemed export licensing and disclosure matters, particularly with respect to ongoing activities in Russia;
• counseled major U.S. semiconductor manufacturer in connection with U.S. export controls compliance matters arising out of Congressional investigation;
• conducted internal investigation into potential deemed export violations by a U.S. printed circuit board manufacturer, resulting in disclosures to the U.S. Department of State and the U.S. Department of Energy;
• provide China-focused U.S. export controls compliance and licensing advice to semiconductor equipment manufacturer and conducted internal investigations into potential violations of the Export Administration Regulations resulting in disclosures to the Bureau of Industry and Security, each of which was resolved without administrative enforcement action;
• advise U.S. fabless semiconductor company with semiconductor-related U.S. export controls compliance advice, including in connection with voluntary prior disclosure of potential U.S. export controls violations to the Bureau of Industry and Security, which resulted in no administrative enforcement action;
• counseled major U.S. manufacturer of industrial automation equipment with respect to U.S. export compliance in connection with an International Chamber of Commerce arbitration involving a Russian counterparty;
• provide Singaporean venture fund with semiconductor-related U.S. export controls compliance advice in connection with Malaysian datacenter project;
• counseled network communications provider in connection with its efforts to be removed from the Entity List administered by the Bureau of Industry and Security; and
• advised Chinese autonomous vehicle company in connection with a proposed U.S. joint venture that raised potential compliance concerns pertaining to restrictions on the sale of “connected vehicles” pursuant to regulations administered by the Office of Information and Communications Technology and Services within the U.S. Department of Commerce.

US Embargoes and Sanctions

• conducted internal investigations for leading enterprise data storage and management providers regarding potential transactions involving sanctioned persons, resulting in disclosures to the Office of Foreign Assets Control;
• developed dossier of potential violations of the Russia sanctions program by a competitor for delivery to the Office of Foreign Assets Control; and
• counseled U.S. consumer goods manufacturer in connection with voluntary prior disclosures to the Bureau of Industry and Security and Office of Foreign Assets Controls with respect to indirect sales involving the Crimea Region of Ukraine, neither of which resulted in any administrative enforcement action.

Foreign Direct Investment and National Security

• advised U.S. private equity firm in connection with potential sale of U.S. manufacturer to Chinese investors;
• counseled non-U.S. private equity fund in connection with acquisition of U.S. manufacturers of aerospace and defense components; and
• secured CFIUS clearance in connection with non-U.S. co-investment into U.S. transportation logistics company.

U.S. Import Compliance 

• advised U.S. importer in connection with False Claims Act matter pertaining to alleged evasion of antidumping and countervailing duties; and
• Represented U.S. importer of solar panels in connection with disclosure matters pertaining to failure to declare merchandise as being subject to pending antidumping and countervailing duty investigations.

Trade Remedies and Other Important Trade Proceedings 

• represented a U.S. solar company before the U.S. International Trade Commission and Office of the United States Trade Representative in connection with a solar-related Section 201 safeguard investigation, including by submitting request for exclusion of certain high-efficiency cells and modules from proclaimed tariffs; and
• achieved separate rate treatment and a favorable scope determination on behalf of a U.S. importer and its Chinese supplier in connection with nonmarket economy antidumping and countervailing duty proceedings on crystalline silicon photovoltaic cells and certain crystalline silicon photovoltaic products from the People’s Republic of China; secured similar treatment in connection with certain crystalline photovoltaic products from the PRC; challenged scope determination at the U.S. Court of International Trade in connection with certain crystalline photovoltaic products proceeding; coordinated communications with CBP regarding applicability of antidumping and countervailing duty investigations and orders to imported solar modules.

Dan is a frequent speaker and writer on national security and export controls issues. In 2025, he spoke at American Conference Institute’s 15th Forum on Global Encryption AI, Cloud & Cyber Export Controls. In 2024, he co-authored “White-Collar Crime Practice Guide – U.S. Chapter” in Chambers & Partners, and “Passive financing in the crosshairs: CFIUS intensifies focus on limited partners in covered private equity transactions,” in Columbia FDI Perspectives.

Dan is also active in various professional and community organizations. He is a board member of Everybody Wins DC, a reading and free book program for children, and is active in the Georgetown Scholars Program.