Andrew D. Irwin

Of Counsel

• airwin@steptoe.com
• vCard
• Washington Office

1330 Connecticut Avenue, NW
Washington DC 20036
TEL: 202.429.8177
FAX: 202.429.3902

Andrew D. Irwin is of counsel in the Washington office of Steptoe & Johnson LLP, where he is a member of the Litigation and International Departments. He practices at the intersection of government procurement and international regulatory law, focusing primarily on corporate investigations and related compliance counseling. He has a particular background in laws and regulations that relate to government contracting fraud, export controls/sanctions, and foreign corruption.  He also has considerable experience in general corporate ethics/compliance counseling, as well as ethics/compliance program administration and development. He has conducted investigations in Europe, Asia, and the Middle East (including on the ground in Iraq). Prior to coming to Steptoe, Mr. Irwin spent several years as inside counsel for one of the world’s largest engineering and construction companies.

Government Contracts
Mr. Irwin has counseled clients on a wide range of government contracts issues.  A particular area of focus is ethics and compliance.  Other topics on which Mr. Irwin has provided advice include contingency contracting, foreign acquisition, teaming, proprietary information, schedule contracting, small business subcontracting, the SAFETY Act/P.L. 85-804, and the use of non-traditional acquisition vehicles such as “other transactions.”

In addition, as inside counsel to a major government and international contractor, Mr. Irwin advised senior management, business development, and procurement personnel regarding a full range of contract formation and administration issues involving numerous significant programs for the US Departments of Defense and Energy, as well as the US Agency for International Development. In addition, Mr. Irwin supervised bid protest litigation and was responsible for a number of Freedom of Information Act-related matters.

Export Controls, Sanctions, FCPA
Mr. Irwin has considerable experience counseling clients in a number of industries regarding their compliance with the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR).  Much of his practice relates to enforcement matters, including voluntary disclosures and related internal investigations.  He also advises clients regarding developing policies and procedures to prevent and detect violations and preparing license, classification and commodity jurisdiction requests. Mr. Irwin has also counseled clients regarding all major US sanctions regimes administered by the Office of Foreign Assets Control (OFAC) and conducted investigations regarding potential sanctions violations.  In addition, he has helped clients address a wide-range of issues related to working in Iraq.

Mr. Irwin also has extensive Foreign Corrupt Practices Act (FCPA) experience. He has investigated potential FCPA violations in numerous locales, including having conducted dozens of witness interviews. In addition, he has conducted FCPA due diligence and audits of sales agents, as well as prepared corporate policies and training materials regarding FCPA compliance. He frequently draws upon his background in public procurement in such matters.   

Government Enforcement & Corporate Compliance
Apart from Mr. Irwin’s experience in international enforcement areas such as the FCPA, Mr. Irwin has also litigated a number of False Claims Act cases and related matters, including those brought by qui tam relators. His clients have included defense, healthcare, and petroleum companies. He has prepared the full-scale compliance program required as part of a defense industry settlement. In addition, while in-house, he was actively involved in developing and administering a global ethics and compliance program for a major company. Mr. Irwin has also assisted clients in parallel criminal investigations, including responding to criminal subpoenas, preparing for and reacting to search warrants, and interacting with IG and FBI agents.  

Noteworthy

• Mr. Irwin has been an Associate Professorial Lecturer in Law at the George Washington University Law School, a guest lecturer for its Government Contracts Program, and has given numerous CLE presentations on a wide range of government contracts and international topics for Federal Publications Seminars. His CLE presentations have included developing and teaching a course on ITAR compliance and audits as well as a course on the fundamentals of government contracts.  Topics for webcasts have included FCPA due diligence and export controls for government contractors, among others. He is also a frequent author on government contracts, international regulatory matters such as export controls/FCPA and corporate compliance. 
 
• He is on the Advisory Board for Thomson Reuters/West’s The Government Contractor has been a frequent contributor to Thomson Reuters/West’s International Government Contractor.  He was a speaker on export controls and FCPA topics at the 2007 Thomson Reuters/West’s Government Contracts Year in Review Conference, and he spoke at the 2008 and 2009 Year in Review Conferences primarily on the FCPA and US sanctions.  He is a co-editor, with Ed Krauland and Jack Hayes, of Thomson Reuters/West’s International Traffic in Arms Regulations Handbook. 
• He co-chaired the American Conference Institute’s 2009 National Advanced Forum on Government Contracting Compliance & Ethics and will also speak at ACI's Industry Summit on DoD Contracting regarding the contracting compliance environments as well as issues regarding Battlefield Contracting. 
• He is also the Co-Chair of the International Procurement Committee of the ABA Section of Public Contract Law.
  

Select News & Events

• Federal Publications Seminar "ITAR Compliance and Audits" La Jolla, CA, May 5, 2010
• Due Diligence and Compliance Risk Management in the Middle East Webinar, December 3, 2009
• “Export Controls, Compliance and National Security Concerns” at the Government Contracts Year in Review Conference in Washington, DC
• Basics in Navigating US, EU, and UK Export Controls Webinar, November 4, 2009
• Navigating US, EU and UK Export Controls: An Advanced Review Webinar, November 4, 2009
• Steptoe Attorneys Present Seminar on ITAR Compliance and Audits, October 19, 2009
• Jonathan Drimmer, Andy Irwin, Ed Krauland & Lucinda Low Will Participate in a Webinar on International Regulatory Compliance Challenges Facing Engineering, Procurement and Construction (EPC) Contractors, May 13, 2009
• Constructing, Implementing, and Managing Effective Ethics Compliance Programs
• Steptoe FCPA Alert Published by Competition Law360
• Andy Irwin Quoted in Government Contractor
• Sanctions' Impact on Reconstruction
• Homeland Security Contracting

Selected Publications

• International Law Advisory - Flurry of FCPA Cases Closes Out 2009; Enforcement Continues Apace in Early 2010
  March 16, 2010
• International Law Advisory - BAE Systems plc Agreement Raises ITAR Part 130 Compliance Issues for International Defense/Arms Trade
  March 10, 2010
• Selected Compliance & Contract Administration Issues in Contingency Contracting
  December 2009, Briefing Papers
• Private Investor Frederic Bourke Sentenced to Prison and $1 Million Fine
  November 16, 2009, International Law Advisory
• UK Modernizing Anti-Bribery Laws And Gearing Up Enforcement Efforts
  October 2009
• International Law Advisory - SEC Adopts Several Expansive Applications of the Federal Securities Laws in the Recent FCPA Enforcement Action Against Nature’s Sunshine and Two Senior Executives
  September 8, 2009
• International Law Advisory - DDTC Issues New ITAR Exemption Regarding Temporary Export of Body Armor
  August 10, 2009
• International Law Advisory - Private Investor Convicted for Involvement in Scheme to Bribe Officials in the Republic of Azerbaijan
  July 22, 2009

More Publications »