Maria Alejandra (Jana) del-Cerro is a partner in Crowell & Moring's Washington, D.C. office. Jana counsels clients with respect to U.S. export controls and economic sanctions, with a focus on technology and software transfers. She works with U.S. and non-U.S. clients on all aspects of export compliance, including day-to-day compliance counseling, developing compliance programs, completing commodity jurisdiction and classification analysis, conducting export trainings, and performing M&A due diligence and coordinating related regulatory submissions. Jana works with clients across a broad range of industries, from traditional aerospace and defense manufacturers and multi-national software companies, to start-ups in the technology sector, and she regularly represents them before the Departments of Commerce, State, and Treasury in responding to government inquiries, conducting internal investigations, and in voluntary disclosures and enforcement proceedings.
As part of her practice, Jana regularly:
- Analyzes and advises U.S. and non-U.S. companies with respect to proposed transfers of U.S. origin technology, software, or hardware.
- Performs jurisdictional and classification analyses under the ITAR and EAR, including drafting and submission of CJ and CCATS requests.
- Develops and/or reviews U.S. export and sanctions compliance programs.
- Represents clients with respect to voluntary self-disclosures to the Departments of State, Commerce, and Treasury, as well as EAR 764.5 waiver requests.
- Performs M&A trade due diligence for both buy side and sell side clients, specifically on issues related to compliance with U.S. export controls and sanctions programs.
- Counsels ITAR-registered companies on M&A regulatory requirements (60-day and five-day notices to DDTC under the ITAR) and transfer of DDTC and BIS authorizations.
Representative Matters
- Regularly performs encryption classification analyses, submits commodity classification requests, oversees submission of license applications, and counsels on compliance with Department of Commerce encryption reporting requirements for Fortune 500 and Fortune 100 software and technology companies.
- Regularly counsels large multinational software developers with respect to cross-border sales of software and the provision of cloud-based software services in compliance with U.S. export controls and sanctions laws, and successfully obtained Department of Commerce export licenses to support non-U.S. customer activity.
- Developed global sanctions and export compliance programs for distributed database technology company, including procedures for determining applicability of U.S. encryption controls and for controlling technology and source code transfers.
- Represented Fortune 100 information technology company in voluntary disclosure to the Department of Commerce for unauthorized exports of U.S. origin software.
- Assisted international consulting and professional services company with classification of cyber security software solutions, with a focus on USML Category XIII(b) and encryption controls under the EAR, and drafted tailored compliance policies and training.
- Prepared commodity classification request for forensic software company, and prepared related voluntary disclosure and waiver request to BIS.
- Analyzed export classification and submitted commodity jurisdiction requests for defense simulation, training, and modeling software.
- Analyzed export classification of multi-axis rate tables and prepared successful commodity classification request for reclassification of rate tables and related technology, and provided general export compliance counseling regarding exports of rates tables in compliance with EAR Part 744 restrictions.
- Developed export compliance program for international methanol and petrochemical manufacturers with U.S. operations, and provided counseling on compliance with U.S. export and sanctions requirements.
Jana received a B.A. in history from the University of Virginia. She graduated with honors from the American University's Washington College of Law and received an M.A. in international affairs from the School of International Service.
Affiliations
Admitted to practice: District of Columbia, Virginia
Recent Highlights, News & Knowledge
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"National Security: Strengthening Alliances and Global Engagement with Continued Focus on Foreign Adversaries and Emerging Technologies," OOPS 2021, Crowell & Moring's 37th Annual Ounce of Prevention Seminar
(May 13, 2021).
Presenter: Michael K. Atkinson, Caroline E. Brown, Adelicia R. Cliffe, Maria Alejandra (Jana) del-Cerro, and Paul M. Rosen.
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Speech/Presentation |
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"Commerce Publishes ANPRM Seeking Comment On The Licensing Process For ICTS Transactions,"
Westlaw Today
(April 28, 2021).
Authors: Caroline E. Brown, Adelicia R. Cliffe, Maria Alejandra del-Cerro, and Alan W.H. Gourley.
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"MODULE 2, Part I: Foreign, Dual and Third Country Nationals, and Technology Transfers," ITAR Workshop for ACI
(April 13, 2021).
Lecturer: Maria Alejandra (Jana) del-Cerro.
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Speech/Presentation |
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"Commerce Publishes ANPRM Seeking Comment on the Licensing Process for ICTS Transactions,"
International Trade Bulletin
(March 29, 2021).
Contacts: Caroline E. Brown, Adelicia R. Cliffe, Maria Alejandra (Jana) del-Cerro, Alan W. H. Gourley, Kuba Wisniewski
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Client Alert / Newsletter |
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"Export Control Agencies Coordinated Response Target Russia for Prohibited Chemical Weapon Activities,"
Crowell & Moring’s International Trade Law
(March 8, 2021).
Authors: Jeffrey L. Snyder, Maria Alejandra (Jana) del-Cerro and Chandler S. Leonard.
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"The Biggest Misconceptions about Applying the Foreign Direct Product Rule: When it Does and Does Not Apply to Canadian Manufacturers," ACI Conference
(January 26, 2021).
Speaker: Maria Alejandra (Jana) del-Cerro.
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"Not Your Parents' IT: New Interim Rule to Scrutinize Acquisition of IT Products and Services from Foreign Adversaries,"
Government Contracts Bullet Points
(January 19, 2021).
Contacts: Alan W. H. Gourley, Caroline E. Brown, Adelicia R. Cliffe, Maria Alejandra (Jana) del-Cerro
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Client Alert / Newsletter |
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"Recent Changes to the Export Administration Regulations Impact Hong Kong, Ukraine, Mexico, and Cyprus,"
Crowell & Moring’s International Trade Law
(January 2, 2021).
Authors: Jeffrey L. Snyder, Maria Alejandra (Jana) del-Cerro, Chandler S. Leonard and Edward Goetz.
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Publication |
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"BIS – Making Their Lists and Adding to them Twice,"
International Trade Bulletin
(December 29, 2020).
Contacts: Maria Alejandra (Jana) del-Cerro, Jeffrey L. Snyder
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Client Alert / Newsletter |
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"Export Control Risk Assessments," Crowell & Moring Webinar
(December 17, 2020).
Presenters: Maria Alejandra (Jana) del-Cerro, Robert Clifton Burns, and Chandler S. Leonard.
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Speech/Presentation |