Senior Counsel, Export Compliance (Contractor)

Job description

Mercedes-Benz Research & Development North America, Inc. (MBRDNA) is seeking a senior-level Export Compliance Counsel to serve as a key advisor on export control regulations with a focus on the emerging regulatory landscape for automotive technologies. This role is ideal for an attorney with deep expertise in U.S. export controls applicable to software, encryption, and technology classification. The successful candidate is a business-savvy advisor who translates complex export requirements into practical, actionable guidance for engineering and executive stakeholders. You will be responsible for navigating the complexities of U.S. export control regulations including the Export Administration Regulations (EAR) from the Department of Commerce’s Bureau of Industry and Security (BIS), and for managing the development and operation of the company’s export control program. This role will work closely with engineering teams and business stakeholders to support classification, licensing, recordkeeping, end-use/end-user diligence, audits, and training activities. This is a contractor position with an expected duration of six (6) months, with the possibility of extension. Hybrid (2-3 days in office) if candidate is located within commuting distance of our offices in Ann Arbor, MI; Atlanta, GA; or San Jose, CA. Otherwise, U.S. remote. Relocation assistance is not available. This role may require occasional travel for team meetings and business needs. ### Job Responsibilities: - **Partnership:** Provide practical and actionable guidance on compliance with U.S. export regulations, focusing heavily on the EAR and communicate that guidance clearly in executive-level meetings and cross-functional forums. - Act as a bridge between Engineering, Procurement, HR, IT, and other stakeholders to identify and mitigate export control risks during classification, early stages of product development, and technology transfers (including cross-border technology transfers to countries such as China, Germany, and India). - Assist with broader legal initiatives, including commercial agreements, product counseling, litigation support, and general corporate compliance as needed. - **Management:** Manage the development and implementation of export control policies and programs. - Manage daily export control operations and coordinate cross-functional activities to keep the export control program on track and compliant. - Lead, mentor, and develop export compliance team members and cross-functional working groups, and represent the export control function in executive-level and senior leadership meetings. - Conduct periodic risk assessments of operations to identify vulnerabilities and close compliance gaps. - **Classification (****Export Control Classification Number (****ECCN) Determination):** Ensure proper classification of products, technology, and software under the Commerce Control List (CCL). - Analyze products, technology, and software to determine if items fall under EAR or the International Traffic in Arms Regulations (ITAR) and assign correct ECCNs as well as collect information to determine Country of Origin, HTS and Schedule B codes, and Supplier Declaration Forms. - Analyze software functionality to determine whether software uses, develops, or produces encryption, which may require licensing or notifications to BIS. - **End Use/End User Verificat****ion:** Prepare and collect information to verify end use and end user of commodities/services; identify and address red flags that may arise and document accordingly. - **Technology Analysis:** Partner with development teams such as software development teams to support compliant software releases to international customers. Review software source code, object code, and related technical documentation for export restrictions. Collaborate with software development and engineering teams to understand functionality for accurate classification. - **License Determin****ation and Applications:** Assess whether an export, transfer, or release requires a license or qualifies for a license exception (e.g., TSU, ENC). Draft export license applications, Advisory Opinion and Specific Authorization requests, and Declaration of Conformity filings in coordination with business stakeholders and outside counsel. - Represent the company before government agencies (e.g., BIS, Office of Foreign Assets Control (OFAC), Directorate of Defense Trade Controls (DDTC)), manage complex licensing strategies, and lead internal investigations and voluntary self-disclosures. - **Recordkeeping & Compliance Auditing:** Ensure compliance with recordkeeping and documentation requirements, including in SNAP-R and Compliance Application and Reporting System (CARS). Maintain accurate and complete records and conduct export audits to identify risks and ensure adherence to U.S. and foreign export regulations. - **Socialization:** Monitor, maintain competency, and socialize updates on U.S. and foreign import and export regulations such as OFAC sanctions regulations; EAR; U.S. International Traffic in Arms Regulations (ITAR); and U.S. Customs & Border Protection (CBP) regulations and industry best practices. ### Minimum Qualifications: - Minimum of 7 years of combined law firm and in-house experience with trade compliance focusing on U.S. export controls. - Significant project and program management experience, including experience leading and mentoring teams. - Juris Doctor (JD) from an accredited U.S. law school, and admission to practice law and in good standing with at least one U.S. state bar. - Expert (7+ years) knowledge of trade compliance with a strong understanding of the EAR, software classification, licensing matters, deemed exports, and Foreign Ownership, Control, or Influence (FOCI)-structured organizations. - Ability to manage an export control program and various projects including coordination between Engineering, Procurement, HR, IT, and other stakeholders. - Experience leading and managing teams. - Ability to classify products, technology, and software under the Commerce Control List (CCL). - Ability to submit BIS license submissions, particularly with licenses for deemed exports and software classifications. - Strong analytical, research, and communication skills, with high attention to detail and the ability to work collaboratively with legal, engineering, and business teams. - Exceptional ability to distill complex legal concepts into clear and concise business-friendly advice, including practical, actionable **r**ecommendations, and the ability to advise and present to executive leadership**.** - Proven ability to manage high-volume workflows and competing priorities in a fast-paced environment. - Capacity to work independently, as well as part of a team in different time zones. - Proficiency in Microsoft 365 (Outlook, Teams, Excel, PowerPoint), Jira, and similar tools. - Ability to quickly adapt to specialized systems. ### Preferred Qualifications: - CECP (Certified Export Compliance Professional) certification - Combined Big Law firm and in-house experience - Experience leading legal or compliance teams and advising executive leadership in a global organization. - Strong knowledge or experience counseling on China, European Union (EU), and other foreign export control laws and regulations. - Experience advising on compliance tool development for a large enterprise; experience with AI as an additional plus. - Experience working in global tech and/or automotive companies. - Record of building and managing export compliance programs with a proven ability at managing collaboration between various stakeholders (Engineering, Procurement, HR, IT, and other stakeholders) and enabling the stakeholders with compliance solutions. - History of successful engagement with U.S. government regulators (e.g., BIS, OFAC, DDTC). - Willingness to travel occasionally within the U.S. (California and Michigan) for in-person collaboration.