Ben Flowe has substantial expertise in advising and representing companies in all aspects of international business, including export controls, embargoes and sanctions, antiboycott laws, Exon-Florio CFIUS reviews of mergers, customs law, and the Foreign Corrupt Practices Act. He also has expertise in cross border business transactions, software licensing, international trade remedies cases, trade policy matters, and finance. Ben founded the firm’s export control and sanctions compliance practice and conducts a team of attorneys with years of individual experience in the field.
For over thirty years, Ben has worked extensively in counseling, licensing, rulemaking, lawmaking, and enforcement matters involving export controls and trade embargoes and sanctions on exports of both “dual-use” and military goods and technology. He advises both U.S. and non-U.S. based companies on the application of these U.S. laws to their exports and their non-U.S. business. Clients range from multinational businesses to startup companies.
Ben has established numerous internal legal compliance programs and has conducted audits of the implementation of such programs for over 20 years. Such in-house compliance programs help clients manage their exporting activities and address most efficiently the burdens that export control laws impose on doing business. He has established unique compliance programs for aerospace and defense companies whose exports are controlled mostly under the International Traffic in Arms Regulations, software companies affected by all types of controls, and non-U.S. companies that need to comply with U.S. reexport controls as well as their own laws.
Ben Flowe also has substantial experience in successfully representing clients in enforcement matters and has drafted and shepherded numerous voluntary disclosures to the various agencies having jurisdiction, including Justice, State, Commerce, Treasury’s the Office of Foreign Assets Control, DHS Customs and Border Protection and Immigration and Customs Enforcement. He is well respected for his credibility at both the political and staff levels of all affected agencies, Congress, industries, and other countries.
Ben is listed in Band 1 of Chambers U.S.A. and Global Client Guides for Leading Lawyers in Business (called by peers “a leading light” and “one of the finest export lawyers around”), Best Lawyers in America, and similar publications.
Ben is a member of the Commerce Department’s Regulations and Procedures Technical Advisory Committee since 1993 (Vice Chair 2001-2002 and Co-Chair, Enforcement and Compliance and Encryption Working Groups), CompTIA’s Export Controls Committee (Co-Chair, 2002-2003), Chair or Vice Chair of the ABA’s Export Controls and Economic Sanctions Committee (1997-2006), ITAR Forum Steering Committee (2009-2012), and the Executive Board of the Chromosome 18 Registry and Research Society.
•Ben is the author of the comprehensive Export Compliance Guide (1995), and self publishes condensed updated versions annually
•Exporting Technology and Software, Particularly Encryption, PLI Coping With U.S. Export Controls (2018)
Speaking Engagements Include:
•“Cloud Computing - Best Practices for Data Management,” PLI Coping with Export Controls Conference, December 11-12, 2014, Washington DC
•Panelist on the “Sanctions and Reciprocal Sanctions: A New Reality” panel at Sochi Legal, September 20-21, 2014, Sochi, Russia
•Ben is featured with PriceWaterhouse Coopers’ Jeannette Chu in the PwC video series The Front Line of Fraud &Corruption in the following video short: Managing Export Controls Risks and Compliance Programs
•“Voluntary Disclosure: Investigating Potential Violations, What to Do Once Discovered, and Surviving in the Aftermath,” Momentum The ITAR Summit, June 24-25, 2013, Washington DC
•“Cloud Computing Best Practices: How Leading Exporters Are Addressing New, Emerging Data Access and Storage Risks Impacting Cloud Networks,” ACI’s 16th Annual Forum on Global Export Controls Compliance, May 15-16, 2013, Arlington, VA
•Co-Chair, ACI’s EAR Boot Camp, Oct. 9-10, 2013, Chicago, IL
•In-House Client Seminars include Five Part on Implementing Export Control Reform, May 2013
•“Case Study: US Dept. of Commerce: Technical Advisory Committees,” International Seminar on Best Practices to Promote Industry-Government Cooperation, April 24-25, 2013, Kiev, Ukraine
•“How to Expedite the Nuclear License and Authorization Process,” ACI’s 3rd National Summit on Complying with Nuclear Export Controls, March 20-21, 2013, Washington, DC
•“Re-Export & Re-Transfer Controls, Exclusions, and Exceptions,” ACI/Canada Institute’s Forum on U.S. Export and Re-Export Compliance, January 23-24, 2013, Toronto, ON, Canada