Export Controls and Sanctions
Our export controls and economic sanctions group is second to none and one of the few such groups that truly operate with a global footprint. Our services include:
- Awareness training and in-depth training for compliance official
- Commodity and encryption classification requests
- Commodity jurisdiction requests
- Compliance programs – including technology control plans
- Compliance tools and resources – including handbooks, workshops and subscription to regular updates and alerts
- Due diligence investigations and transaction representations and warranties
- Enforcement actions
- International investigations
- Licensing requirements – including the use of exceptions, exemptions and general licenses
- Obtaining license and other export authorizations
- Regulatory and compliance advice
- Risk assessments and compliance audits
- Structuring transactions to ensure compliance and avoid unnecessary licensing
- Voluntary and directed disclosures
ITAR Practitioner’s Handbook
One of our most in-demand publications and a convenient tool to stay abreast of the latest information on International Traffic in Arms Regulations (ITAR). Download a copy of the handbook here.
Included in the handbook are:
- Codified International Traffic in Arms Regulations
- Commerce Control List 600 Series
- Summary of ITAR and EAR exemptions
- Primer for Export Controls Compliance
Anticorruption
Our services include:
- Assessing the anticorruption risks of proposed transactions and assessing compliance on completed transactions
- Vetting third party contractors
- M&A due diligence review
- Developing and implementing global or country-specific anticorruption policy statements, compliance programs and training
- Internal investigations, audits and compliance assessments
Customs
We routinely provide clients counseling and legal representation regarding a wide range of issues that may arise in connection with import transactions including:
- Country of origin marking
- Customs audits
- Customs valuation including related party transactions and issues relating to royalties and commissions
- Duty drawback
- Enforcement of intellectual property rights
- Entries potentially subject to antidumping/countervailing duties; restricted and prohibited entries
- EU customs union and association arrangements, NAFTA and other free trade agreements, and reduced duty provisions and related country of origin requirements and procedures
- Fines, penalties, forfeitures, seizures and liquidated damages claims; and petitions for release and/or mitigation
- Free/Foreign Trade Zones and Subzones including applications for status and procedural requirements
- Special entry provisions (e.g., reduced duties on articles previously exported for repair or alteration abroad)
- Tariff (Harmonized Tariff System) classification including preparing and pursuing classification ruling requests and binding tariff information in the EU
- Temporary-entry provisions and carnets
- Voluntary prior disclosures of possible violations of customs laws or regulations
Global Duty Reduction and Recovery Program
Reducing Future Customs Duty Liability
To enhance global competitiveness in the world’s markets for finished, added-value products, many countries and trading blocs allow enterprises to benefit from exemptions, reductions and suspensions in their customs duty liabilities when importing raw materials and components into their territories. Our team has significant experience in creating and setting up corporate programs to utilize such benefits:
- Requesting and maintaining duty suspensions allowing for the full remission of customs duty payments for long periods of time
- Obtaining tariff-free quotas for raw materials in temporary short-term supply in specific markets
- Setting up Inward Processing Relief (IPR) schemes and obtaining authorizations for duty drawback programs
- Managing and implementing benefits accruing under Free Trade Agreements and preferential trading arrangements, such as Generalized Scheme of Preference (GSP) programs
- Analyzing supply chain to maximize the benefits of proper tariff classifications, valuation programs and country of origin assessments
Recovery of Customs Duties Paid in the Past
Recovery actions can be a component of an overall global strategy to reduce customs liabilities on a strategic basis or a response to specific customs liability exposures that have arisen – for example, as a result of the imposition of antidumping duties. Although these procedures are highly technical and vary according to local laws, we have developed special skills and expertise in achieving recovery of these types of payments. When a recovery opportunity arises, it can lead to substantial repayments that otherwise would not be obtained. Our team has successfully achieved retroactive recoveries for our clients using the following tools:
- Customs tariff reclassification – if a product can be classified into a customs classification code that reduces the level of duty payable, a customs cost saving can be made for the future and, in some instances, for the recent past
- Country of origin reassessment – where the country of origin of particular products can be established as being a country or territory with a preferential trade agreement with the importing country or bloc, duties may be recovered if a higher customs duty was paid
- Claiming the benefit of unused duty suspensions – often importers are unaware of the existence of duty suspensions and, therefore, fail to claim their benefit at the time of importation which, in some instances, can be retroactively adjusted to obtain repayments
- Refunds of antidumping and antisubsidy duties – in those countries or blocs where a prospective antidumping and/or antisubsidy (or countervailing) system is in place, refund of these duties is possible where the dumping or subsidization margins have been reduced or eliminated
Foreign Investment Restrictions
We advise on foreign investment national security/economic security restrictions and obtain government clearance for the investment. In the US, these clearances include:
- Clearance from the Committee on Foreign Investment in the United States (CFIUS) when the transaction involves foreign ownership in a US business
- Clearance from the US Department of Defense for transactions involving companies with security clearances
- Continuation of key government contracts
- Export controls approvals and notices
International Trade Policy
We advise public and private multinational corporations, sovereign governments, quasi-governmental agencies, and trade associations with respect to international trade legislation, trade litigation, free trade agreements, trade barriers, issues related to the World Trade Organization (WTO), and other matters involving international trade and trade policy. Our services include:
- Assisting in the navigation of complex international trade negotiations – from multilateral trade issues at the WTO, to regional trade agreements, bilateral free trade agreements and investment treaties
- Providing strategic advice with regard to foreign market development in reducing or removing trade barriers
- Devising diplomatic solutions for sensitive trade and market access issues
- Providing advice and assistance to sovereign governments in identifying and pursuing opportunities to promote increased bilateral trade with the US and the EU – including through the Generalized System of Preferences program, other international trade preference programs (i.e., AGOA, ATPA) and free trade negotiations
- Advising on all types of trade legislations through the full legislative process and provide guidance on lobbying and modification of a proposed legislation, including drafting legislative language
- Providing guidance on broad-based coalition building to strengthen advocacy on particular trade priorities before the government
Trade Remedies and Defense
Our trade remedies practice, run primarily from our Washington DC and Brussels offices, has a wealth of experience in dealing with trade remedy procedures and, specifically, antidumping and countervailing duty/antisubsidy. We have advised and helped industries to file complaints to initiate investigations and provided services to exporters and importers, as well as industrial users to defend against such investigations. Our experience includes:
- Working on behalf of petitioners to secure trade remedies
- Representing respondents in a variety of actions, including antidumping, countervailing duty/antisubsidy and 337 infringement actions
Our team also has a depth of experience in litigation on trade-related matters before both the US Court of International Trade and the EU General Court and the European Court of Justice.
