Michael J. Lowell

"Michael is amazing to work with, and brings an unbelievable level of experience and wealth of insight to his clients."
Chambers USA, International Trade: Export Controls & Economic Sanctions, client

"Michael Lowell can articulate and translate legal solutions in a meaningful and practical way."
Chambers USA, International Trade: Export Controls & Economic Sanctions, client

"Michael Lowell's has excellent command and knowledge of the ITC space. Michael has practical and business oriented advice and is highly responsive and available."
Chambers USA, International Trade: Export Controls & Economic Sanctions, client

"Michael is incredibly responsive, practical, understands the pace clients need to work at and helps minimize risk."
Chambers USA, International Trade: Export Controls & Economic Sanctions, client

"He is brilliant in providing commercial and pragmatic advice."
Chambers USA, International Trade: Export Controls & Economic Sanctions, client

Mike is the chair of the Global Regulatory Enforcement Group and a member of Reed Smith’s Global Leadership team. He advises clients on U.S. laws regulating the movement of capital, goods, services, and technology across borders. With deep technical experience in national security and foreign policy regulations and enforcement – including export controls, sanctions, and foreign direct investment – Mike helps clients navigate complex challenges in order to protect their interests and meet their objectives.

Mike routinely represents clients in major investigations and enforcement matters before U.S. federal regulatory agencies, including the Directorate of Defense Trade Controls (DDTC), Bureau of Industry & Security (BIS), Office of Foreign Assets Control (OFAC), Department of Defense (DOD), Department of Justice (DOJ), Department of Homeland Security (DHS), Federal Communications Commission (FCC), and Customs and Border Protection (CBP). He has represented clients in hundreds of regulatory enforcement matters, including voluntary disclosures, administrative proceedings, consent agreements, and agency-led investigations (e.g., subpoenas, directed disclosures, seizures and detentions). He also oversees related litigation in federal district courts across the country.

Mike has led global teams on multi-jurisdictional export control and sanctions compliance and enforcement matters, including strategic oversight for disclosures and enforcement before regulatory agencies in foreign jurisdictions. He also advises clients on compliance with U.S. regulatory requirements with a focus on export controls and sanctions. He is recognized in Chambers USA and Chambers Global for his work in export controls and sanctions, with clients noting that “[h]e is brilliant in providing commercial and pragmatic advice” and “incredibly responsive, practical, understands the pace clients need to work at and helps minimize risk.” Mike is noted as an “exceptional practitioner” leading a “very accomplished team” and a “highly responsive, thoughtful, and an around-the-corner thinker” in The Legal 500.

Mike has secured U.S. government clearance for billions of dollars in foreign investment, with 20 years of experience securing clearance from the Committee on Foreign Investment in the United States (CFIUS) for investments involving critical technologies, infrastructure, and data. He also represents clients before Team Telecom and guides investors navigating national security and trade-related regulatory requirements, including the International Traffic in Arms Regulations (ITAR) and National Industrial Security Program (NISP). He has led pre-acquisition due diligence and post-acquisition assessments for hundreds of transactions.

From 2018 to 2022, Mike was a U.S. government-approved external monitor (SCO) with responsibility for oversight and monitoring activities subject to the ITAR, external audits, and a global corporate compliance program. Early in his career, he clerked at the U.S. Department of Justice, Criminal Division, Fraud Section, and at the U.S. Attorney’s Office for the District of Columbia. He also has experience working for a judge at the U.S. Court of Federal Claims.

Experience

Representative matters

Developed the firm’s acclaimed tariff tracker and spearheaded a multidisciplinary team focused on enforcement, compliance, and litigation and dispute resolution relating to tariffs, including DOJ and CBP enforcement, False Claims Act litigation, and tariff mitigation matters.

Served as lead counsel in developing and overseeing execution of a strategy for a multinational retail company under national security investigations by the DOJ, DHS, DOD, and U.S. Congress.

Served as lead counsel in obtaining CFIUS clearance for billions of dollars in investments in the United States, including the acquisition of OOCL by COSCO Shipping, the acquisition of the Long Beach Container Terminal by Macquarie, the acquisition of Altium Ltd. by Renesas Electronics Corporation, and numerous investments in technology, infrastructure, manufacturers, and media and entertainment, among other industries.

Recent Experience

Served as lead counsel in developing and overseeing execution of a strategy for a multinational retail company under national security investigations by the DOJ, DHS, DOD, and U.S. Congress.

Served as U.S. government-approved Special Compliance Officer for the successful and timely conclusion of the four-year Consent Agreement between the U.S. Department of State, Bureau of Political-Military Affairs and FLIR Systems, Inc., and successor in interest, Teledyne Technologies, Inc.

Advised Fortune 100 financial institution on U.S. sanctions requirements relating to the launch of global products representing a significant portion of one business unit’s revenue, including obtaining favorable advisory opinion determinations from OFAC and the confidential settlement of a related disclosure.

Acted as lead counsel in administrative litigation with the U.S. Department of Commerce, BIS on behalf of a Chinese company charged with diverting items in violation of the Export Administration Regulations (EAR).

Advised French aerospace company on ITAR and EAR licensing requirements, compliance program design and implementation, and various issues relating to dual and third country nationals.

Secured DOD approval of security plans associated with rocket launches outside the United States.

Advised a Fortune 100 company regarding inquiries by OFAC and the FBI into potential sanctions issues.

Served as lead counsel on behalf of the DOJ, National Security Division, in an investigation into Foreign Agent Registration Act (FARA) allegations against Chinese-American organizations in the United States.

Acted as lead counsel on more than 350 directed or voluntary disclosures to the DDTC, OFAC, BIS, and CBP.

Represented prominent former U.S. Congressman on FARA requirements relating to activities concerning Middle Eastern investments in the United States.

Represented the production company of an Academy Award-winning actor on OFAC sanctions compliance requirements to produce a documentary, reality series, and teaming agreement with local interests in a sanctioned country.

Represented market-leading semiconductor manufacturer on anti-boycott requirements, including removal from the BIS Office of Antiboycott Compliance’s Requester List, corrective actions, and navigating potential conflicts with foreign laws.

Served as lead counsel on the successful and confidential resolution of an enforcement action by OFAC and BIS relating to sales to distributors and subsequent diversion to Iran and Syria, including allegations of willful conduct by senior executives.

Served as lead counsel for a French aerospace company under a letter of agreement with Team Telecom, including providing advice on legal and compliance requirements, implementation of compliance measures, and communications with the DOJ.

Internal Investigations & Enforcement

Represented a Fortune 100 aerospace and defense companies in dozens of voluntary disclosures of ITAR and EAR violations to DDTC and BIS.

Represented a U.S.-headquartered multinational in a global investigation of EAR and OFAC sanctions violations relating to sales to Iran.

Represented a U.S.-headquartered multinational in an investigation and voluntary disclosure of EAR and OFAC sanctions violations relating to sales to persons listed on the Specially Designated Nationals List and Entity List.

Represented a U.S.-headquartered multinational in an FCPA investigation of a Middle Eastern distributor and sales representative.

Represented a financial institution in a voluntary disclosure before OFAC regarding potential violations of the Global Terrorism Sanctions Regulations at its foreign subsidiary.

Represented a U.S. manufacturer of industrial equipment in a voluntary disclosure with OFAC regarding violations of U.S. sanctions on Iran at its subsidiary in the Netherlands.

Represented a U.S.-headquartered pharmaceutical manufacturer and distributor in an enforcement action brought by CBP.

Represented a U.S.-headquartered Fortune 500 company on various violations of the ITAR and EAR at its newly-acquired subsidiary.

Represented a Fortune 300 defense and aerospace company on various internal investigations of ITAR and EAR violations in advance of a charging letter and consent agreement with DDTC

Represented a private security contractor before DDTC and BIS on various investigations of ITAR and EAR violations in response to a criminal and administrative investigation

Represented the national aerospace company for a top 10 global economy on various ITAR licensing and strategic planning issues.

Represented a publicly traded Danish multinational on various investigations relating to noncompliance with the EAR and OFAC sanctions.

Represented a Fortune 50 company on violations of National Industry Security Program requirements with respect to technology and physical access controls.

Represented a publicly-traded, U.S.-headquartered financial services provider regarding compliance with OFAC sanctions at its various foreign subsidiaries.

Represented a Belgian financial institution in an internal investigation of AML and OFAC compliance issues and implemented various compliance program solutions.

Represented a former high-ranking U.S. Government official on defense and industrial security consulting opportunities in high risk, emerging markets.

Represented the Dutch subsidiary of a European-headquartered, publicly-trade multinational on violations of the ITAR and EAR.

Represented the Peruvian subsidiary of a publicly-traded multinational on violations of the EAR.

Represented the controlling interest in a joint venture between two U.S. publicly traded companies involved in an FBI investigation of the potential theft of export-controlled technology by a government-industry delegation from Asia.

Represented a Mexican distributor regarding violations of the ITAR, EAR, and CBP regulations.

Global Compliance Programs

Served as U.S. Department of State-approved external monitor (Special Compliance Officer) under an ITAR Consent Agreement.

Assessed the third-party distributor and sales representative compliance programs for several publicly-traded, U.S.-headquartered multinationals.

Advised leading companies on third-party vetting and due diligence in the mining, defense, energy and life sciences industries.

Assessed the existing export compliance program for a Fortune 200 multinational and provided recommendations for improvement

Designed and implemented a trade compliance program for a Canadian multinational with operations throughout North America.

Designed and implemented an export compliance program for a U.S. government contractor in advance of listing on the New York Stock Exchange.

Designed and implemented an export compliance program for a U.S.-based manufacturer with global operations in advance of an acquisition by a publicly-traded foreign company.

Designed a company-wide Technology Control Plan addressing deemed exports and IT network access issues.

Designed and implemented an FCPA compliance program for a large multinational alternative energy company.

Designed a sanctions compliance program for a European financial institution with significant operations in the United Kingdom, France, Germany, Belgium, and the Middle East.

Designed and implemented a global financial and trade compliance program for a U.S.-based nonprofit organization with operations in more than 150 countries, including numerous high-risk markets.

Represented a Fortune 250 shipping and transportation company on the design and implementation of a global trade compliance program.

Designed and implemented a deemed export compliance program across multiple U.S. subsidiaries of a global pharmaceutical manufacturer.

Designed and implemented an export compliance program for a Japanese headquartered, high-technology manufacturer.

Advised leading medical devices companies on FCPA compliance requirements in their sales and distribution chains.

Advised a leading financial institution on encryption-related import-export requirements in the United States, China, and Russia.

Strategic Planning & Licensing

Obtained a broad OFAC license for the U.K. subsidiary of a U.S. financial institution authorizing various financial transactions otherwise prohibited by U.S. sanctions on Cuba.

Obtained authorizations for the transfer and reexport of U.S.-origin technology, parts, and components necessary to support a global overhaul of supply chain and sales distribution for one of Asia’s largest national aerospace companies.

Counseled clients in numerous industries on issues relating to the strategic transfer of equipment, manufacturing, materials, know-how, and data from the United States to China, India, Mexico, Thailand, Singapore, and various European countries.

Advised a U.S. university on export control issues relating to the launch of a joint cooperation effort in China.

Designed and successfully executed a coordinated, global licensing strategy for the registration and marketing of new pharmaceutical products in multiple sanctioned countries.

Represented a Fortune 100 financial institution on various OFAC compliance and licensing matters involving its subsidiaries in India, Korea, and throughout Europe.

Represented a U.K. financial institution on OFAC licensing issues involving Cuba and successfully obtained a broad authorization to maintain and grow existing business.

Counseled a publicly-traded financial institution on a successful licensing strategy to obtain broad authorization from OFAC for transactions subject to U.S. sanctions in all countries subject to the broad prohibitions.

Advised several leading companies on encryption-related licensing, classification and reporting requirements.

Strategic Transactions and Investments

Represented an Asian multinational in a $6 billion + transaction subject to review by Committee on Foreign Investment in the United States (CFIUS), including negotiation of a National Security Agreement and related mitigation to obtain clearance.

Represented a U.S. commodities manufacturer subject to an anti-dumping investigation by the Chinese Ministry of Commerce (MOFCOM).

Represented a market-leading Canadian telecommunications service provider before the Committee on Foreign Investment in the United States (CFIUS) with regards to the acquisition of a software company with U.S. government contracts, including classified contracts with the U.S. military and various federal contracts with civilian agencies.

Advised numerous Chinese and other foreign investors on CFIUS requirements, including assessment of potential national security implications for proposed investments, technology controls, and the impact of proposed and pending legislation.

Represented a publicly traded, foreign aerospace equipment manufacturer in the acquisition of a U.S. manufacturer of satellite parts and components, including representation before CFIUS and counseling on various issues relating to the ITAR.

Counseled one of the largest Japanese manufacturers of electric components on various export control and government contract issues relating to the acquisition of a U.S. chip manufacturer, including an evaluation of the applicability of CFIUS and resolution of a pending export enforcement matter with BIS.

Advised a number of clients from Asia, Europe, and the Middle East on investments in the United States, including representation before CFIUS, jurisdictional issues, and the impact of trade controls such as sanctions, (FCPA), and export controls.

Recognitions

Ranked in Chambers Global for USA International Trade: Export Controls & Economic Sanctions, 2020-2026
Ranked in Chambers USA for Nationwide International Trade: Export Controls & Economic Sanctions, 2017-2026
Listed, Financier Worldwide, “Power Players: International Trade & Sanctions – Distinguished Advisors,” 2021