International Trade – Compliance

Overview

“They have strong analytical skills and can distill complex issues into concise positions."

– Chambers USA 2014

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.

More »

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.

Our attorneys include those with both government and in-house experience, and we pride ourselves on outstanding client service and responsiveness. An International Trade Compliance team member is recognized in Chambers USA Guide: America’s Leading Lawyers for Business in the areas of "International Trade: Customs" and “International Trade: Export Controls and Economic Sanctions" and in Who's Who in Legal 100 in the area of "Trade & Customs."

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.
More »

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.
  • Represented a number of clients, including a leading metals producer, in the Harbor Maintenance Tax Litigation. One team member served as Co-Chair of the Plaintiffs' Steering Committee, and, in this capacity, oversaw more than $1 billion in refunds of Harbor Maintenance Taxes paid on exports by several thousands of companies. A unanimous Supreme Court found that the taxes were unconstitutional as a violation of the "Export Clause."
  • 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

  • Chambers Global: International Trade (USA) (2015 to 2017)
  • Chambers USA: Nationwide International Trade (2014 to 2016)
    • Nationwide: International Trade: Customs (2017)
    • Nationwide: International Trade: Export Controls & Economic Sanctions (2017)
    • Nationwide: International Trade: Trade Remedies & Trade Policy (2017)
  • The Legal 500 United States; Dispute Resolution: International trade (2015, 2016)
  • BTI Client Service 30: BakerHostetler advanced 19 positions to #9 (2016)
  • U.S. News - Best Lawyers "Best Law Firms" International Trade and Finance Law (2016)
    • Metro Washington, D.C., Tier 3
  • The Best Lawyers in America© (2016)
    • 1 lawyer named in International Trade and Finance Law

Publications

Alerts

Articles