Opher Shweiki

Partner

Areas of Focus

Opher Shweiki

Partner

oshweiki@akingump.com

Areas of Focus

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Biography
  • Deep experience as a senior U.S. government official focusing on cutting-edge national security matters in the regulatory and enforcement context.
  • Served as Chief Counsel for the Bureau of Industry and Security (BIS) at the Department of Commerce and a senior national security prosecutor at the Department of Justice.
  • Significant involvement with addressing matters across an array of industries at the intersection of international trade and white-collar defense, with a focus on compliance and enforcement issues related to advanced technologies.

Opher draws on his almost 25 years of experience as a government official, including senior positions at the departments of Commerce and Justice working on high profile national security and cross-border matters, to advise clients on cutting-edge issues.

Leveraging this regulatory and prosecutorial experience, Opher is uniquely qualified to counsel clients on corporate compliance and due diligence efforts pertaining to the statutes and regulations addressing export controls, sanctions, information and communications technology and services (ICTS) supply chain, anti-boycott, anti-corruption, anti-money laundering, national security, cybersecurity and other related matters. Those issues relate to, for example:

  • The Export Administration Regulations (EAR).
  • Economic sanctions administered by the Office of Foreign Assets Control (OFAC).
  • International Traffic in Arms Regulations (ITAR).
  • National security reviews conducted by the Committee on Foreign Investment in the United States (CFIUS).
  • The Foreign Corrupt Practices Act (FCPA).
  • The Foreign Agents Registration Act (FARA).

Opher similarly is uniquely positioned to conduct internal investigations, advise on disclosure issues, resolve disputes with government agencies and defend clients in related white collar criminal matters.

His extensive experience in government service handling complex investigations and prosecutions, as well as his deep knowledge of regulatory matters including export controls and economic sanctions, enables him to provide clients with comprehensive and effective legal representation.

Opher most recently served as Chief Counsel for BIS, managing a team of over 25 attorneys in all aspects of regulatory and enforcement matters, where he played a key role across BIS programs. Acting as the Department’s lead counsel on BIS matters, Opher was significantly involved in the agency’s high-profile export control-related regulatory changes and enforcement actions. That work included a lead role in some of the agency’s most prominent enforcement matters to date, including the largest standalone civil penalty in BIS history. Opher also led the legal review of high-profile changes to the EAR affecting semiconductors and semiconductor manufacturing equipment, among other areas. Opher received numerous accolades in recognition of his notable contributions, including the Commerce Department’s Gold Medal Award for personal and professional excellence.

Prior to being recruited to join Commerce, Opher served as the National Security and Cyber Crime Coordinator at the Executive Office for U.S. Attorneys. Opher assisted U.S. Attorney’s Offices across the country to address a variety of cutting-edge issues in those areas, with a particular focus on matters involving advanced technologies. To further those efforts, Opher regularly worked with high-ranking officials throughout the Department of Justice and other key agencies. 

Opher also served, both as a line prosecutor and supervisor, for approximately 15 years in the U.S. Attorney’s Office for the District of Columbia where he prosecuted a wide range of cases, including a number of high-profile matters. Opher most recently served in that Office as a Senior Assistant U.S. Attorney in the Office’s National Security Section where, among other cases, he was responsible for investigating and prosecuting a variety of complex terrorism, export control and cyber-facilitated crimes. Opher was designated the Office’s National Security Cyber Specialist in 2016. Opher repeatedly briefed the Attorney General and other senior national security and law enforcement officials on matters of the utmost sensitivity, and received the Attorney General’s Distinguished Service Award, among other accolades.

As an experienced trial attorney with the proven ability to handle deeply regulatory matters in the litigation context, Opher trained numerous national security and law enforcement officials across the government on an array of topics, including trial practice and novel substantive issues.

Opher began his legal career as an associate in the Washington, D.C. office of an international law firm, handling complex litigation at the trial and appellate levels.

Education
  • J.D., Georgetown University Law Center, 1996

  • B.A., Tufts University, 1992

Bar Admissions
  • District of Columbia

  • Maryland

Recognitions
  • Gold Medal Award for Personal and Professional Excellence (2024) for significant contributions related to resolving a prominent investigation into alleged violations of U.S. export controls pertaining to the sale of hard disk drives to a restricted party, ultimately resulting in the imposition of a $300 million civil penalty, the largest standalone civil penalty in BIS history.
  • BIS Bronze Medal Award (2022) for significant contributions related to resolving a long-term investigation into allegations of a proliferation network that was illegally trafficking in nuclear-grade materials to an embargoed country.
  • BIS Bronze Medal Award (2021) (x3) for significant contributions related to:
    • Writing, editing and publishing the single most comprehensive update to BIS’s Office of Export Enforcement regulatory authorities in the agency’s history.
    • Establishing BIS's undercover program for the purpose of furthering criminal investigations into illicit exports.
    • Resolving an investigation into allegations of illegal exports of various toxins/viruses controlled for chemical and biological weapons reasons by a prestigious university.
  • Attorney General's Award for Distinguished Service (2013) for significant contributions related to investigating and prosecuting a Libyan militia leader who played a key role in the deadly attack on U.S. facilities in Benghazi, Libya, on September 11-12, 2012, which killed four Americans, including the U.S. Ambassador to Libya, J. Christopher Stevens.
  • Numerous Department of Justice Special Achievement Awards for superior service.
Speeches and Publications
  • Panelist, “The Intersection of National Security and End-User Screening: Implications for Export Control Regulations,” Webinar, Kharon/Akin, March 12, 2024.
  • Panelist, “Export Controls: 2023 and Beyond, Annual White Collar & Trade Compliance Conference,” Akin, Dubai and Abu Dhabi, UAE, March 5-6, 2024.
  • Co-Chair and Moderator, “Advanced Forum on Global Export Controls,” American Conference Institute, Washington, D.C., February 28-29, 2024.
  • Panelist, “Export Enforcement Plenary,” BIS Update Conference on Export Controls and Policy, Washington, D.C., 2020-2022.

Insights and Achievements

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