Clarification from the agency

Applications will be accepted from all U.S. Citizens.

The U.S. Department of Commerce, Office of the General Counsel, is seeking an Attorney Advisor to join the Office of the Chief Counsel for the Bureau of Industry and Security (OCC/IS) to focus on cutting-edge and impactful enforcement matters related to export control violations and related matters. These matters are expected to include responsibility for representing BIS in administrative enforcement cases; supporting the U.S. Department of Justice in criminal prosecutions; drafting and reviewing enforcement-related proposed BIS rules and policies; and developing various enforcement program initiatives. Such enforcement-related duties are expected to include significant involvement in:

• Investigating, charging and litigating administrative enforcement cases, including acting as lead counsel representing BIS in administrative export control enforcement cases before Administrative Law Judges.
• Assisting U.S. Attorneys' Offices across the country and the National Security Division of the U.S. Department of Justice in the criminal prosecution of export control cases.
• Providing legal advice to federal law enforcement agents, including special agents of the BIS Office of Export Enforcement, on a variety of routine enforcement activities and specialized topics, such as detentions, searches, seizures and forfeitures.
• Working with the U.S. Department of Justice in defending challenges in federal court to BIS programs and enforcement actions.
• Drafting and review of enforcement-related proposed rules and policies.
• Developing and implementing enforcement program initiatives, including law enforcement training.
• Coordinating with other federal government agencies to further the investigation and prosecution of export control violations.
• Participating in international export control technical assistance programs for foreign officials and in training programs for BIS and other Departmental personnel on enforcement related topics.

Depending on the needs of the Office, additional but secondary duties may include:

• Providing legal counsel to BIS on a range of other matters relating to, inter alia, the implementation of the Export Control Reform Act of 2018 (50 U.S.C. §§ 4801-4852) and the Export Administration Regulations (15 C.F.R. §§ 730-774).
• Advising on proposed rules, pending legislation, responses to Congressional inquiries, and national security-related matters affecting export controls.
• Supporting the review of matters before the Committee on Foreign Investment in the United States (CFIUS), particularly as to export control-related issues.
• Providing legal guidance and litigation support on matters related to Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. § 1862), addressing tariffs on imports of steel and aluminum arising from threats to U.S. national security.
• Advising BIS on topics related to export license applications and draft advisory opinions.
• Supporting the U.S. Department of Justice on litigation matters related to BIS, including entering appearances on behalf of the U.S. before the U.S. Court of International Trade, U.S. District Courts, and U.S. Court of Federal Claims.
• Coordinating with other Department and U.S. Government agencies' legal offices.
• Performing additional duties on a variety of legal issues (varying in legal and factual complexity), including the analysis of international agreements and U.S. administrative and criminal law.
• Carrying out duties with varying degrees of preliminary instruction and review (depending on grade level at which hired and the nature of the assignment) requiring independent legal research, approach planning, and the development of legal recommendations.
• Participating as a speaker at BIS public outreach events such as BIS Update-the agency's annual conference on export controls and policy.

The attorney in this position may also be required to perform other duties as assigned.

Conditions of employment

• You must be a U.S. citizen to apply for this position.
• You must successfully pass a background investigation. This may include a credit check, a review of financial issues, as well as certain criminal offenses and illegal use of possession of drugs.
• A two year trial period may be required.
• Juris Doctor (J.D.) degree from an ABA-accredited law school.
• Provide proof of an active bar membership in good standing of the bar of a state, a territory of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. Online information is allowed as long as it shows that applicant is in "active" status.
• Successfully pass a background investigation.
• Required to submit a Confidential Financial Disclosure Report, OGE Form 450.
• A probationary period may be required.
• Selective Service: Males born after 12/31/59 must be registered or exempt from Selective Service (see https://www.sss.gov/)
• If you receive a conditional offer of employment for this position, you will be required to complete an Optional Form 306, Declaration for Federal Employment, and to sign and certify the accuracy of all information in your application.
• All Federal employees are required to have Federal salary payments made by direct deposit to a financial institution of their choosing.
• Drug Test Required: Yes
• License required: No
• Pre-employment physical required: No
• Bargaining Unit Position: No
• Confidential Financial Disclosure Report (OGE form 450): Yes
• Permanent Change of Duty Station (PCS) Expense: will not be paid

This position is ELIGIBLE for telework; additional criteria will be required (e.g., supervisory approval and/or as determined by the agency).

Security Clearance: You must be able to obtain and maintain a Top Secret/SCI background investigation.

Qualifications

Applicants must meet the General Professional Experience requirements set forth above and the below specialized experience by the closing date of the announcement. Specialized experience equips applicants with particular knowledge, skills, and abilities to perform successfully the duties of the position to be filled.

Applicants may be hired at any of the grades shown in this announcement, commensurate with the candidate's experience and qualifications. You are encouraged to identify the grade level(s) or salary for which you wish to be considered.

Basic requirement for all grade levels:

1. You must be a graduate with a Juris Doctor (J.D.) degree or equivalent from an accredited law school;

AND

2. You must have bar membership in one of the 50 states, Washington, DC, Puerto Rico or the US. Virgin Islands.

Note: The General Counsel or designee retains the discretion to waive minimum qualifications as described above.

Applicants must meet the general professional experience requirements set forth above and the below specialized experience by the closing date of the announcement.

GS-13: Applicants applying at the GS-13 grade level must have two years of litigation experience in either the private or public sectors, with a preference for experience litigating corporate enforcement actions and working on export control-related matters.

GS-14: Applicants applying at the GS-14 grade level must have three years of litigation experience in either the private or public sectors, with a preference for experience litigating corporate enforcement actions and working on export control related matters.

GS-15: Applicants applying at the GS-15 grade level must have four years of litigation experience in either the private or public sectors, with a preference for experience litigating corporate enforcement actions and working on export control-related matters.

Experience refers to paid and unpaid experience, including volunteer work done through National Service programs (e.g., Peace Corps, AmeriCorps) and other organizations (e.g., professional; philanthropic; religious; spiritual; community, student, social). Volunteer work helps build critical competencies, knowledge, and skills and can provide valuable training and experience that translates directly to paid employment. You will receive credit for all qualifying experience, including volunteer experience.

How you will be evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

You will be evaluated for this job based on how well you meet the qualifications.

Applicants will be rated based on their education, experience, demonstrated legal research and writing abilities, and performance during the interview process. Basis for evaluation: If eligible and meeting basic qualifications, your application package will be evaluated in conjunction with your résumé and supporting documents for the required knowledge, skills, and abilities (KSAs) to successfully perform the duties of this position:

1. Demonstrated litigation experience in either the private or public sectors, with a preference for experience litigating corporate enforcement-related matters. Experience prosecuting such enforcement matters is desirable but not required.
2. Ability to write clearly and persuasively, including the ability to present complex information in a concise, accurate and easy-to-understand manner to a variety of audiences.
3. Ability to communicate orally in a clear and persuasive manner, including the ability to present complex information in a concise, accurate and easy-to understand manner to a variety of audiences.
4. Ability to interact effectively with both career and policy officials at all levels at the Department and across its interagency partners.
5. Ability to operate and thrive in an environment that frequently presents short deadlines and requires handling multiple matters simultaneously. Candidates should have superior organizational skills and be detail-oriented.
6. Knowledge of or demonstrated interest in export-control and national security related matters is desirable but not required.

Please be advised that Department of Commerce Attorney positions are in the Excepted Service. As such, these positions are not covered by the usual civil service hiring procedures. You will be evaluated for this job based on how well you meet the qualifications stated herein. We will perform an initial review of applications to determine basic eligibility and minimum qualifications for the position and numeric scores will not be assigned.

There are no numerical rating systems through which to apply veterans' preference; however, the Office of the General Counsel favorably considers veterans preference eligibility in hiring. Applicants eligible for veterans' preference are encouraged to include that information in their cover letter or resume. If selected, additional information may be required.