International Trade – Compliance

Overview

"They are our go-to legal counsel for export compliance."

– Chambers USA 2018

For international manufacturers and distributors, and financial and other service providers, the complexities of ever-changing sanctions, embargoes, export control, and customs requirements present unique challenges as they work to meet their business objectives while remaining compliant.

Drawing on decades of experience helping clients navigate the complexities of rules governing international trade, the attorneys on BakerHostetler’s International Trade Compliance team understand the nuances of the laws and guide clients in developing strategies to overcome obstacles that may otherwise prevent them from achieving their business goals.

Our attorneys have conducted hundreds of internal investigations, import, export, and sanctions self-assessments, and internal compliance audits to identify international trade compliance shortcomings and recommend and implement corrections. Where clients have been the subject of governmental audits, investigations, or enforcement proceedings, we have the knowledge and experience to handle them in the most effective way possible, while minimizing exposure. Always looking out for our clients’ bottom line, we proactively advise them on ways to take advantage of available duty savings opportunities, while satisfying all legal requirements.

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Whether it be the myriad matters involved in embargo/sanctions compliance, including the latest sanctions imposed on Iran or Syria, the changes to U.S. export controls brought about by President Obama’s Export Control Reform Initiative, developments in U.S. Court of International Trade litigation, or changes to U.S. Customs and Border Protection security and commercial importation compliance programs, our attorneys are on top of the changes and proactively work with clients to help them adapt their compliance procedures to the new requirements and take advantage of any business opportunities presented by the changes.

We assist clients with business and employment-based immigration issues, including employment of foreign nationals and compliance with the employer sanctions and anti-discrimination provisions of immigration law. Our experience enables us to determine which visas are most likely to be approved for a client's needs, where to file the petition and how to present the alien's credentials in the most favorable light.

We have successfully negotiated complex immigration agency restrictions in the United States and abroad, including attainment of H-1B visas for professional specialty-occupation workers, H-2B visas for temporary and seasonal workers, L-1 visas for intra-company transferees, E visas for treaty-traders and investors, TN visas for professionals from Canada and Mexico, J visas for foreign exchange visitors, visas for individuals with extraordinary ability and P visas for professionals in arts and sports. We have obtained hundreds of permanent residence visas (“green cards”) for our clients as well, including multinational executives and managers, advanced-degree and other professionals, skilled workers and “national interest” or “outstanding researcher” candidates. We also have significant experience with I-9 compliance, E-Verify and family-sponsored permanent residency petitions.

Named a Law360 Practice Group of the Year (2018), BakerHostetler’s International Trade team is well recognized in Chambers Global and Chambers USA, as well as The Legal 500 and Best Lawyers in America. Team members also hold individual accolades within the field of international trade in the areas of customs, export controls & economic sanctions and trade remedies & trade policy.

Select Experience

Our attorneys have assisted clients on the following representative matters:

  • Guided a client through responses to OFAC subpoenas regarding embargoed country activities and conducted an internal investigation of the matter, which OFAC decided not to penalize. Additionally, we developed a comprehensive export control and embargo/sanctions compliance program for the client.
  • Representing an American car manufacturer in the U.S. Court of International Trade in seeking a $6.2 million refund of estimated duty payments based on reconciliation entries that had been deemed liquidated by operation of law. The case involves complex jurisdictional issues regarding the ability of a party to bring an action under 28 U.S.C. § 1581(i) to seek a declaration of deemed liquidation.
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Professionals

Name Title Office Email
Partner Washington, D.C.
Partner Houston
Associate Washington, D.C.
Associate Washington, D.C.
Partner Washington, D.C.
Senior Advisor Washington, D.C.
Associate Houston
Associate Washington, D.C.
Partner Washington, D.C.
Partner Houston
Partner Washington, D.C.
Partner Washington, D.C.
Associate Houston
Partner Washington, D.C.
International Trade Analyst
International Trade Analyst Washington, D.C.

Experience

Our attorneys have assisted clients on the following representative matters:

  • Guided a client through responses to OFAC subpoenas regarding embargoed country activities and conducted an internal investigation of the matter, which OFAC decided not to penalize. Additionally, we developed a comprehensive export control and embargo/sanctions compliance program for the client.
  • Representing an American car manufacturer in the U.S. Court of International Trade in seeking a $6.2 million refund of estimated duty payments based on reconciliation entries that had been deemed liquidated by operation of law. The case involves complex jurisdictional issues regarding the ability of a party to bring an action under 28 U.S.C. § 1581(i) to seek a declaration of deemed liquidation.
  • Assisted a large aerospace parts manufacturer in the development and implementation of an enhanced export compliance program, with special emphasis on recently-acquired operations.
  • Helped importers to successfully challenge U.S. Customs & Border Protection classification changes that had resulted in sudden, unexpected increases in duties.
  • Assisted companies with prior disclosures of import violations to protect against substantial penalty risks and discovered additional cost-savings to clients from inadvertent overpayments of duties.

Recognition

  • Law360 Practice Group of the Year
    • International Trade 2018
  • Law360 Trade MVP of the Year (2018)
  • Chambers Global
    • International Trade (USA) (2015 – 2017)
    • International Trade: Customs (2017, 2018 (Band 3); 2019 (Band 3))
    • International Trade: Export Controls & Economic Sanctions (2017, 2018 (Band 5); 2019 (Band 5))
    • International Trade: Trade Remedies & Trade Policy (2017, 2018 (Band 4); 2019 (Band 4))
    • One attorney ranked (2016-2019)
  • Chambers USA: Natural Resources and Environment
    • International Trade: Customs (Nationwide) (2018)
    • International Trade: Export Controls & Economic Sanctions (Nationwide) (2018)
    • International Trade: Trade Remedies & Trade Policy (Nationwide) (2018)
    • International Trade: four attorneys ranked
  • The Legal 500 United States:

    • Dispute Resolution: International Trade (Tier 4) (2015 - present)

  • U.S. News – Best Lawyers "Best Law Firms" International Trade and Finance Law (2016 to 2019)
    • Metro Washington, D.C., Tier 2 (2019) and Tier 3 (2016 to 2018)
  • Recognized as one of the top law firms for client service, BakerHostetler was named to the 2019 BTI Client Service 30 for the fifth consecutive year.

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