Areas of Practice
- Anti-Money Laundering
- Economic Sanctions
- Export Controls
- FCPA / Anti-Corruption
- Financial Services
- Government & Internal Investigations
- International Arbitration
- International Regulation & Compliance
- International Trade & Investment
- Northwestern University School of Law, J.D., 2003, Associate Editor, Northwestern University Law Review
- Furman University, B.A., magna cum laude, 1998, Phi Beta Kappa
Bar & Court Admissions
- District of Columbia
Washington DC 20036
TEL: +1 202 429 6491
FAX: +1 202 429 3902
Jack R. Hayes is of counsel in Steptoe's Washington office, where he is a member of the International Regulation & Compliance Group. Mr. Hayes works with his clients to implement successful strategies in the context of overlapping international trade regulatory areas. He specifically counsels clients with respect to export controls, economic sanctions, anti-money laundering (AML), anti-boycott, and foreign corruption compliance, as well as US antidumping law and international arbitration disputes.
Mr. Hayes provides advice in the defense and commercial sectors, counseling his clients so that they remain compliant with the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR). Much of his practice relates to enforcement matters, such as voluntary disclosures, internal investigations of apparent export control violations, pre-closing and post-closing acquisition export compliance due diligence, and assessments of compliance obligations and risks in accordance with relevant international trade regulations. He also helps clients interpret key provisions of the ITAR and EAR by:
- providing guidance on brokering requirements and reporting obligations for certain fees, commissions, and political contributions related to sales of defense articles and defense services;
- preparing export and reexport license applications, including authorizations necessary for conducting international arbitrations involving ITAR-controlled technical data and defense services;
- submitting transaction exception requests for the export of defense articles produced by debarred persons;
- seeking advisory opinion requests;
- undertaking commodity jurisdiction and export classification analyses (including with respect to encryption software) of items and services under the ITAR and EAR; and
- developing compliance policies, programs, and training materials.
Mr. Hayes advises on compliance with US and multilateral economic sanctions targeting specific countries, such as Cuba, Iran, Sudan, Syria, and Myanmar (Burma), and blocked persons or entities acting contrary to the interests of the US, including designated terrorists, proliferators of weapons of mass destruction, and narcotics traffickers. He counsels on:
- due diligence best practices;
- risks associated with specific or proposed transactions, investments, or dealings;
- contractual safeguards; and
- the preparation of license and advisory opinion requests to the Office of Foreign Assets Control, including issues related to foreign investment, reinsurance, charitable grants and services, establishing foreign offices, immigrants from Iran under the EB-5 visa program, and exports of agricultural commodities, medicines, and medical devices under the Trade Sanctions Reform and Export Enhancement Act.
Mr. Hayes also handles internal investigations and enforcement matters, which involves direct dealings with officials at the US Department of the Treasury and US Department of State, and advises on requirements for the submission of blocked property reports.
Mr. Hayes counsels regulated financial institutions, such as depository institutions, money services businesses, dealers in precious metals, jewels, and jewelry, providers of prepaid access, and insurers, as well as non-financial institutions in the emerging financial technology, natural resource, and aerospace sectors, about requirements and obligations under US AML and counter-terrorism financing (CTF) laws. This advice covers the Bank Secrecy Act, PATRIOT Act, Anti-Terrorism and Effective Death Penalty Act, and Unlawful Internet Gambling Enforcement Act, in addition to criminal money laundering laws enforced by the US Department of Justice and regulations promulgated by the Financial Crimes Enforcement Network of the US Department of the Treasury and Board of Governors of the Federal Reserve. Mr. Hayes also handles:
- the creation, enhancement, and implementation of risk-based AML assessment compliance programs;
- advice on Know-Your-Customer/Know-Your-Counterparty due diligence best practices and procedures; and
- assistance with AML reporting requirements, including Currency Transaction Reports and Suspicious Activity Reports.
Mr. Hayes advises numerous clients on reporting obligations and substantive prohibitions of US anti-boycott requirements under Part 760 of the EAR and penalizable agreements pursuant to section 999 of the Internal Revenue Code. This work involves conducting internal investigations, providing compliance advice and training, counseling on jurisdictional and substantive provisions of the law, and submitting mandatory and voluntary disclosure reports to the US Department of Commerce.
Mr. Hayes supports clients undertaking anti-corruption investigations. He advises on the implementation of anti-corruption safeguards, including due diligence of current and prospective business partners to assess direct, successor, and vicarious liability risks in connection with various international business transactions, investments, and acquisitions under the Foreign Corrupt Practices Act (FCPA). Mr. Hayes also counsels clients on anti-corruption compliance issues, including risks arising from the intersection of the FCPA, the ITAR, AML, CTF, and economic sanctions laws and regulations. He also assists clients develop multijurisdictional corporate compliance policies and programs, due diligence tools, compliance protocols for international agreements and other commercial documents, codes of conduct, and training materials.
Mr. Hayes advises foreign and domestic clients on international trade matters, specifically focusing on antidumping duty investigations, reviews of Non-Market Economy respondents’ merchandise, permit requirements and obligations associated with permanent imports of defense articles, import classification and valuation, customs protests, substantial transformation issues, compliance with import quotas, and preferential tariff rate requirements. Mr. Hayes counsels clients on the requirements and procedures of US trade law, responds to US government agency requests for information, and advocates for clients before the relevant US agencies, including the Departments of Commerce (Import Administration), Homeland Security (Customs and Border Protection), and Justice (Bureau of Alcohol, Tobacco, Firearms, and Explosives).
Mr. Hayes represents clients in international arbitration dispute settlement proceedings involving the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA), and the International Center for Settlement of Investment Disputes (ICSID). This work also involves counseling clients on public international law, including the UN Convention on the Law of the Sea and UN Commission on the Limits of the Continental Shelf, maritime boundary disputes, international sovereignty disputes concerning land territory, sovereign immunity, and treaty law.
Rising Star, Washington, DC Super Lawyers, International, 2015
Select News & Events
- "Best Practices for Preparing for an ITAR Audits" C5 Annual Conference on US Trade Controls Compliance in Europe, February 1, 2017
- International Compliance Issues for CGIAR Webinar, Consultative Group on International Agricultural Research, January 25, 2017
- "Export Controls and Economic Sanctions," Georgetown Law Academy: Legal Foundations and New Directions, the WTO, & Beyond, November 18, 2016
- ITAR Compliance, Federal Publications Seminars, October 26, 2016
- Focus on Cuba, ACI's Canadian Forum On Economic Sanctions Compliance & Enforcement, October 5, 2016
- Intermodal and Maritime Connections, Silk Road Summit & Business Forum, September 26, 2016
- WorldECR Again Names Steptoe ‘Export Control Law Firm of the Year, USA’
- Commercial Risk Europe Quotes Soussan, Hayes on Iranian Sanction Outlook
- Outsourcing-Pharma Quotes Jack Hayes on US-Iraq Nuclear Deal Impact
- Food Crimes Features Jack Hayes on Economic Sanctions of Saffron
- Steptoe International Compliance Blog Launches
- WorldECR Names Steptoe ‘Export Controls Law Firm of the Year, USA’