Trade Policy and Environment
Navigating complex international trade rules can help you gain improved access to new markets. Our approach is facilitated by an ability to provide a comprehensive strategy not only for handling trade litigation, but for assembling broad industry coalitions when appropriate, forming a strategy and working with key policy decision makers. We regularly represent clients’ in international trade negotiations, interpretation and enforcement of bilateral and multilateral trade and investment agreements and help clients to navigate Free trade and other preferential treatment arrangements including understanding and influencing WTO accessions, negotiations, compliance matters and dispute settlement proceedings.
Committee on Foreign Investment in the United States (CFIUS)
Decades of experience practicing before the Committee on Foreign Investment in the United States and comprehensive understanding of the Foreign Investment and National Security Act of 2007, DLA Piper is positioned to help interested companies navigate this complicated national security review process. Our approach to CFIUS cases is grounded in a strong technical understanding of current law and procedure. We have proven experience in navigating the process and, if required, negotiating national security agreements and mitigation agreements, including special security agreements, proxy agreements and special corporate arrangements. When necessary, we draw on the talents of our regulatory practitioners in specific fields including: telecommunications, export controls, sanctions, government contracts and national industrial security procedures. Our effectiveness goes well beyond our technical legal capability, encompassing sophisticated political and media strategies to ensure that even the most sensitive and challenging cases are viewed in a favorable light in Congress, the Administration and at the local level. Because we understand the public policy arena, we know what it takes get the very best outcomes.
Cross Border Investments
Global capital flow takes a multidisciplinary approach. Our group counsel clients on the development of cross-border opportunities while managing these regulatory risks. With decades of experience practicing before the Committee on Foreign Investment (CFIUS) and a comprehensive understanding of the Foreign Investment and National Security Act of 2007, we are well positioned to help interested companies navigate this complicated national security review process. We have proven experience in navigating the process and, if required, negotiating national security agreements and mitigation agreements, including special security agreements, proxy agreements and special corporate arrangements. The group draws on the strength of our diverse team to resolve regulatory issues that arise in the context of cross-border mergers, acquisitions, and financings.
We offer strategic and legal support to companies in all aspects of customs enforcement and routinely help multinational clients reduce their customs duty and indirect tax liabilities. We are experienced in conducting internal audits as well as in representing importers and other parties in large voluntary disclosure cases, seizures, investigations, liquidated damages and penalties. If a dispute arises, we represent our client’s interests in their dealings with third parties including regulatory authorities, and suppliers.
Antidumping and Countervailing Duty
Experienced in all facets of prosecuting and defending antidumping and countervailing duty actions, as well as other trade remedy matters, before trade agencies, courts, and international dispute resolution panels. Our lawyers have represented clients in high-profile cases combining traditional trade remedy litigation with political work. Our in-depth experience in the actual conduct of trade proceedings enables us to provide sound and sophisticated advice to clients who are evaluating possible trade actions, developing defensive strategies or pursuing other business objectives affected by import competition or trade litigation. The group has extensive experience providing advice with respect to potential and existing trade actions and the market and business implications of such actions. We also have the ability to address issues related to the application and enforcement of antidumping and countervailing duty orders, including customs classification, circumvention, and customs fraud issues.
Lobbying and Regulation
Many international companies fail to get the most out of the markets in which they operate. To maximize the use of these markets, we regularly assist our clients to utilize existing regulatory instruments, advocate before decision-makers for market access improvements, and influence regulatory approvals that will impact product approval and import prices.
Product Stewardship, Liability and Recall
Managing product liability risks globally is a difficult challenge. Going beyond traditional arbitrations and trials, we regularly advise on the full range of regulatory issues at every stage of the product life cycle ranging from risk, compliance, and business management to managing crisis situations for clients including product recall and reputation management.
Sanctions and Export Controls
Penalties for non-compliance with export controls and sanctions regulations are extremely severe and can also lead to significant reputational damage. Companies need to be aware of and fully compliant with these regulations and orders. We have extensive experience in advising a wide range of companies on U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC) regulations, U.S. Department of Commerce, Bureau of Industry and Security (BIS) Export Administration Regulations (EAR), U.S. Department of State, Directorate of Defense Trade Controls (DDTC) International Traffic in Arms Regulations (ITAR), as well as similar regulations from other government agencies regulating international trade and transactions. We can help your business meet the regulatory challenges, minimizing risk and developing proactive programs to fit your business needs and processes. The current sanctions regime consists of primary sanctions directed at US companies and their foreign subsidiaries and secondary or extraterritorial sanctions against foreign entities and individuals. In recent years the US Congress has enacted a series of complex sanctions laws targeting trade with Iran. Congressional sanctions law are accompanied by implementing presidential Executive Orders as well as detailed regulations and guidance issued by the US Treasury and other government agencies including the Departments of Commerce and State. Our firm has successfully advised clients throughout the years on compliance with sanctions issues and, where required, navigating the detailed licensing application processes at the US Treasury’s Office of Foreign Assets Control. Our practice includes the former Director of the Office of Foreign Assets Controls and other former Executive Branch officials from The White House and the US Commerce Department. We have represented major hotel, insurance, banking, agricultural, medical and manufacturing companies in complex cases requiring a sophisticated and operational working knowledge of the sanctions regimes and working with the respective government agencies involved in enforcing the sanctions regimes.
As well as providing direct technical and strategic advice, DLA Piper's International Trade practice has developed a comprehensive suite of training courses to help build the longer term capacity of public officials, diplomats and business people equipping them with the skills and knowledge needed to become an effective negotiator or operator across the US, EU and its Member States and beyond.
International Trade Disputes
Our practice encompasses the full range of trade remedy litigation before trade agencies, international dispute resolution panels and the courts. We have prosecuted, defended and provided advice with respect to numerous US and foreign import relief and market access proceedings. In these proceedings (which have involved virtually every major trading country) we have represented domestic producers, foreign producers and importers across a wide range of industries.
Enforcement of foreign anti-corruption laws is at a record high. International anticorruption and financial crimes enforcement is expected to expand further as prosecutors from around the world actively cooperate with enforcement authorities on international anti-corruption and financial fraud investigations. DLA Piper’s team of FCPA, UK Bribery Act, and international anti-corruption and financial fraud professionals are experienced at dealing with the powers that underline both regulatory investigations and enforcement in today’s increasingly harsh regulatory environment. Our investigations, reviews, audits and due diligence projects have spanned the globe.
Country of Origin
Today, many products are an outcome of a large number of parts and pieces that come from many different countries, and that may then be assembled together in a third country. In these cases, it's hard to know exactly what is the country of origin, and different rules apply as to how to determine their "correct" country of origin. The requirements for Country of Origin markings are complicated by the various designations which may be required and vary by country of import and export.
We advise clients on the use of commercial terms of sale such as INCOTERMS (FOB, CIF, etc.) and the application of the International Convention on the International Sale of Goods (CISG), including the proper use of INCOTERMS in order to avoid ambiguities that could affect liability in cross-border transactions.