Mark L. Jensen

Mr. Jensen is an International Trade associate in the Government Contracts, Investigations, and International Trade practice group in the firm's Washington, D.C. office.

Areas of Practice

Mr. Jensen focuses on areas of law related to international business, including U.S. economic sanctions, U.S. export controls, the International Traffic in Arms Regulations, the Foreign Corrupt Practices Act and other international anti-bribery statutes, U.S. customs, and matters before the Committee on Foreign Investment in the United States ("CFIUS") involving investment in the United States by non-U.S. persons. Mr. Jensen has experience in counseling clients, developing and implementing compliance programs, conducting FCPA due diligence for U.S. companies doing business overseas, preparing license applications and other filings for submission to the U.S. government, conducting investigations internally and before the U.S. government, and negotiating resolutions with the U.S. government.

Mr. Jensen also has litigation experience, including as a Special Assistant Attorney General with the District of Columbia Office of the Attorney General. In that capacity, among other responsibilities, Mr. Jensen served as second chair in a jury trial in D.C. Superior Court, and settled cases through court-supervised mediation on matters ranging from simple torts to the Americans with Disabilities Act.

Education

• J.D., Harvard Law School, 2007
• M.A., University of Minnesota, 2004
• B.A., Bates College, 1999, summa cum laude

Admissions

• District of Columbia
• New York
• U.S. District Court for the District of Columbia

Languages

• German
• Spanish

Foreign Corrupt Practices Act

• Represented U.S. energy company in FCPA investigation by U.S. Department of Justice and Securities and Exchange Commission
• Represented officer of non-U.S. multinational company in FCPA and U.S. sanctions investigation by the U.S. Department of Justice
• Counseled U.S. medical devices company in FCPA investigation by U.S. Department of Justice and Securities and Exchange Commission
• Assisted U.S. software company in internal investigation of FCPA allegations
• Counseled multinational private equity firm on internal FCPA investigation
• Advised oilfield services company in FCPA and U.S. sanctions investigation by U.S. Department of Justice, U.S. Attorney's Office, and Office of Export Enforcement
• Represented numerous multinational companies in FCPA due diligence reviews in connection with joint ventures and other international business, including in South America, West Africa, Southeast Asia, and Russia
• Counseled U.S. retail company in FCPA due diligence review of third party agent in China, FCPA risk assessment, and training
• Collaborated with U.S. energy company to devise FCPA risk analysis and compliance strategy
• Conducted FCPA training for U.S. manufacturer
• Developed and assisted with implementation of U.S. manufacturer's FCPA compliance policies and procedures
• Counseled U.S. defense contractor on gifts and entertainment guidelines under FCPA

U.S. Sanctions

• Represented U.S. health care company in internal investigation of Iran sanctions allegations
• Counseled major U.S. bank in settlement negotiations for alleged sanctions violations
• Assisted non-U.S. bank to address U.S. Treasury Department, Office of Foreign Assets Control (OFAC) sanctions related to proposed transaction in North Korea
• Advised U.S. energy company on sanctions implications of proposed offshore Sudan transaction
• Conducted U.S. sanctions due diligence for U.S. accounting firm considering business in Belarus
• Counseled U.S. manufacturer regarding Cuba sanctions
• Assisted U.S. medical devices company to obtain TSRA licenses to export medical devices to Iran
• Advised U.S. pharmaceutical company on comprehensive overview of U.S. sanctions programs affecting their worldwide operations

Export Controls

• Represented U.S. retail products exporter in grand jury proceedings related to potential shipments to Syria
• Counseled U.S. aerospace company on review and disclosure to U.S. Commerce Department, Bureau of Industry & Security (BIS) and U.S. State Department, Directorate of Defense Trade Controls (DDTC) of diversion by third party agent
• Advised U.S. government contractor in voluntary self-disclosure to BIS of “deemed exports”
• Assisted multinational oilfield services company with company-wide export controls risk assessment
• Prepared Manufacturing License Agreement under ITAR for U.S. subsidiary of European manufacturer
• Assisted in preparation of Technical Assistance Agreement under ITAR for satellite arbitration
• Collaborated with U.S. manufacturing company to revise and provide training on export controls compliance policies and procedures
• Counseled U.S. research university on "deemed export" provisions under U.S. Export Administration Regulations (EAR) and (ITAR)
• Counseled U.S. medical research institution on protocol for reviewing transactions to comply with EAR, ITAR, and U.S. sanctions
• Advised U.S. health care companies regarding EAR requirements for shipment of medical products to Syria
• Represented U.S. defense contractor in voluntary self-disclosure to the U.S. State Department, Directorate of Defense Trade Control under ITAR
• Assisted U.S. manufacturing company in applying for license from BIS for export to China
• Advised U.S. university and U.S. energy company on completion of export controls portions of immigration Form I-129

CFIUS

• Represented publicly-traded Hong Kong entity in CFIUS submission in connection with acquisition of interests in U.S. natural resources
• Represented Japanese company in CFIUS submission in connection with acquisition of U.S. business
• Counseled Chinese, Israeli, Canadian, and Japanese companies regarding CFIUS regulations and review process in connection with planned acquisitions
• Counseled U.S. defense contractor on challenges of potential acquisition by Asian investor

Customs

• Responded to U.S. customs inquiry and prepared prior disclosure for U.S. manufacturer
• Counseled non-U.S. solar panel manufacturer regarding anti-dumping and countervailing duties and use of Foreign Trade Zones
• Assisted U.S. retailer with comprehensive customs compliance training
• Advised U.S. retailer regarding country of origin classification and due diligence
• Counseled U.S. manufacturer regarding CAFTA-DR country of origin labeling requirements

Litigation and Other

• Obtained defense verdict in false arrest claim against Washington D.C. police officer in jury trial
• Settled claims against Washington D.C. courts, schools, and jail arising from charges ranging from ADA discrimination to simple torts
• Obtained summary judgment in U.S. District Court for Washington D.C. public schools on discrimination and retaliation claim under IDEA
• Obtained dismissal in U.S. District Court of claims against D.C. jail and Department of Public Works on claims brought under 42 U.S.C. 1983
• Prepared appellate briefs in Florida and New York state courts of appeals
• Assisted with research and writing for brief before the U.S. Supreme Court
• Counseled non-U.S. company regarding commodities trading provisions regulated by CFTC
• Assisted with investigations of health care fraud for U.S. health care companies
• Assisted with corporate due diligence for mergers and acquisitions.

Pro Bono

• Prepared political asylum petition for Iraqi client
• Obtained rehearing on application of three strikes rule that would have resulted in life imprisonment for client
• Reached settlement on international child custody dispute for Mexican client
• Obtained T visa for victim of human trafficking for Nigerian client
• Wrote portion of human rights investigative report on gang activities and state response in El Salvador
• Advised NGO client regarding human rights issues related to UN Peacekeepers in Haiti

Honors

• Member, Best Team, 2006 Ames Moot Court Competition, Harvard Law School

Memberships

• D.C. Bar Association, International Law Section
• American Bar Association, International Law Section

Articles

• Clarity Required: US V. Banki, Law360, January 9, 2012
• Getting Specific About FCPA Compliance, Law360, June 29, 2011

• With Thad McBride, "Buyer, when foreign, beware", the Deal Magazine (June 27, 2011)
• With J. Scott Maberry and Thaddeus Rogers McBride, "Keeping Quiet About the U.S. Munitions List: The United States v. Roth Appeal," Northrop Grumman Ex/Im Daily Update (June 14, 2010). 

Global Trade Law Blog Articles

• "A Surprise Turn on the SEC’s Winding Road to the Dodd-Frank “Conflict Minerals” Rule," February 21, 2012
• "The FCPA in 2011: Five Answers and a Looming Question," January 18, 2012 

Government Contracts, Investigations & International Trade Blog Articles

• "Clarity Required: Iran Sanctions Convictions Reversed in U.S. v. Banki," December 9, 2011
• "OFAC Settles Alleged Sanctions Violations for $88.3 million," September 19, 2011
• "Syria Update: Significant New Sanctions Imposed," September 19, 2011
• "Proposed Rule Details Major Changes to U.S. Export Controls," August 4, 2011
• "Trading Up: Newly Implemented North Korea and Libya Sanctions," July 15, 2011
• "Technology Exports: Uncertainty Around Form I-129 Persists," June 16, 2011

Life Sciences Law Blog Articles

• "Court of International Trade Ruling Provides Tariff Relief for Cell Culture Bioreactors,” January 18, 2012