Daniel Fisher-Owens

Practice Areas

Dan Fisher-Owens is a Partner based in San Francisco, California, focusing on U.S. export controls and economic sanctions. His practice covers transactional counseling, classification/commodity jurisdiction, licensing, designing and auditing compliance systems, as well as voluntary disclosures, investigations and enforcement matters.

Dan’s expertise covers the State Department International Traffic in Arms Regulations (ITAR), Commerce Department Export Administration Regulations (EAR), Treasury Department Office of Foreign Assets Control (OFAC) sanctions, as well as Department of Energy and Nuclear Regulatory Commission nuclear export controls. He also has a nuanced understanding of the Byzantine U.S. antiboycott laws, administered by Commerce and Treasury.

While not an engineer, Dan enjoys digging into not just the legal complexities of export controls, but also the technical complexities of the products involved. Dan applies his experience as a translator (in his life before lawyering) to export controls, bridging communication gaps between those who “speak geek” and those who speak “Washingtonese.”

He has developed a deep knowledge of the export control issues affecting computers, software, encryption, networking and telecommunications equipment, infrared detectors, test and measurement equipment, chemical and biological agents and processing equipment, medical devices and pharmaceuticals, geophysical instruments, oilfield tools, and aerospace items.

His in-depth understanding of U.S. economic sanctions, including the complex sanctions against Iran and Russia, is enhanced by his background in Middle Eastern history and culture. He has supported corporate clients on numerous complex sanctions matters, including the withdrawal of a multinational from sanctioned country operations, as well as the entry of companies to embargoed countries after easing of U.S. sanctions. Dan has significant experience with licensing of agricultural and medical exports to embargoed countries and assists foundations and NGOs with navigating educational and humanitarian exemptions to U.S. sanctions.

He has published on the release of export-controlled technology to foreign nationals - known as “deemed exports”- and spoken before trade

associations and industry groups on a broad range of export controls and sanctions topics, such as encryption, cloud computing, compliance program design, licensing best practices, and commodity jurisdiction and classification.

Selected Speaking Engagements

Cloud Computing and Data Security Panel, Society for International Affairs, Spring Conference, 2019

Cloud Computing and Encryption Topics, American Conference Institute (ACI) Global Encryption, Cloud and Cyber Controls Conference, 2013-19, 2022-23

Nonproliferation Export Controls: An Industry Practitioner’s View, Guest Lectures, Middlebury Institute of International Studies, Monterey, California, 2010-2023

Cloud Computing and Data Management Panel, Practicing Law Institute, Coping with U.S. Export Controls, 2014-2018

US Export Controls Topics, CompTIA/SEMI/USITO Annual China International Trade Seminars, Beijing and Shanghai, 2012-2018

Complying with US Reexport Controls & Sanctions, IFS e.v. Seminars, Germany 2011, 2013, 2018

Classifying Encryption Software, Technology and Software Classification, and the Specially Designed Rule, Professional Association of Exported and Importers (PAEI), 2018

The Latest Developments in Encryption, Intrusion Software and Surveillance Technology Controls, C5 US Trade Controls Compliance in Europe – ITAR and EAR, 2018

Career

Berliner Corcoran & Rowe LLP, 2004 - present

Miller & Chevalier Chartered , 2001-2004

Bryan Cave LLP, 1999-2001

Professional Memberships

Professional Association of Exporters and Importers, Director

Technology Trade Regulation Alliance - Export Controls Committee, Co-Chair, Encryption Sub-Committee

Women in International Trade - Northern California

American Bar Association

Publications

Daniel M. Fisher-Owens & Benjamin H. Flowe, Jr., U.S. Export Controls Relating to Commercial Encryption Items, E-Commerce, and Cloud

Computing, PLI Current, Vol. 3, No. 1, Winter 2019.

Benjamin H. Flowe, Jr. & Daniel M. Fisher-Owens, Exporting Technology and Software, Particularly Encryption, Practising Law International Course Book, Coping with US Export Controls, 2008-2019

Lucinda A. Low, Karl Abendschein, & Daniel Fisher-Owens, Overview of the U.S. Anti-Money Laundering System, Edward Elgar Publishing Ltd., Cheltenham, UK (Aug. 2004) (book section)

Daniel M. Fisher-Owens, BIS Puts Focus on Deemed Exports as Technology Sharing Expands, The Export Practitioner, Vol. 18, No. 4 (Apr. 2004)

Amanda DeBusk & Daniel M. Fisher-Owens, Safeguarding America’s Nonmilitary Technology, Immigration Law Today, Vol 22, No.5 (Sep.-Oct. 2003)

William M. McGlone & Daniel M. Fisher-Owens, United States Control of Domestic Technology Transfers - The “Deemed Export” Rule, California International Practitioner, Vol. 12, No. 1 (2002-2003)

Languages Spoken

Arabic, Spanish, French, Persian (all working knowledge)

Education