Global Trade & Investment

Global Trade & Investment

StayLaw

The rise of globalization – including technological innovations and the dismantling of trade barriers – has spurred the steady acceleration of global trade. In 2004, world merchandise exports increased 21 percent to $8.9 trillion, while trade in commercial services grew by 18 percent to $2.1 trillion – significant jumps over 2003. The fastest growth is occurring in emerging markets, with China leading the way. By 2004, China had already become the world’s third largest merchandise trader – and its import and export business continues to expand.

StayLaw helps clients promote global trade and lower trade barriers. Our Global Trade & Investment Practice Group works throughout numerous countries on trade policies, remedies, negotiations, disputes and other commercial issues as part of our International Practice. Our team is led by James Bacchus, who returned to the firm after eight years of service as a member (including two years as chairman) of the Appellate Body of the World Trade Organization.

We bring a combination of experience and insight to our work in strategic trade consulting and representation on issues relating to the World Trade Organization’s global trade rules. Our attorneys offer strategic advice to assist clients in both sustaining and enhancing their competitiveness in the ever-changing world economy. Members of our group also have experience in the growing array of global trade dispute proceedings.
Strategic Consulting

* Counsel on WTO, NAFTA and other trade rules and rulings
* Advice on the impact of WTO obligations on day-to-day decision making by multinational and other companies engaged in, or affected by, international trade
* Counsel on how such rules and rulings impact other global trade and investment decisions

Trade Policy

* Regional and global negotiations on international trade agreements, including the “Doha Development Round” of WTO global trade negotiations
* Representation regarding trade policy matters before the U.S. Congress, the Office of the U.S. Trade Representative, the Commerce Department, the Treasury Department and other U.S. government agencies
* Counsel on trade policy matters before other governments and trade negotiations conducted by governments worldwide

Trade Remedies

* Advice on trade restrictions arising from anti-dumping, subsidy and safeguard cases
* Challenges to such restrictions under NAFTA and in WTO dispute settlement
* Revisions to prices and business practices to minimize exposure to anti-dumping or countervailing duties
* Interpretation of anti-circumvention provisions regarding assembly operations in the U.S. and other countries
* Anti-dumping and countervailing duty administrative proceedings
* Section 301 investigations
* Section 337 proceedings
* Safeguard investigations
* Appeals before the U.S. Court of International Trade, U.S. Court of Appeals for the Federal Circuit, NAFTA dispute panels, dispute panels before the WTO, and the European Court of Justice

Trade Regulations and Transactions

* Counsel on export licensing and other export controls
* Guidance on anti-bribery laws, international trade sanctions and foreign investment regulations
* Representation regarding import and export transactions and acquisitions of all kinds
* Guidance on Committee on Foreign Investment in the United States regulations
* Compliance training

Import/Export

* Export Controls

License and agreement preparation and submission before the Departments of State, Commerce, Treasury, Justice and Energy
* Internal compliance policy and procedure reviews
* Internal training, audits and investigations
* Counsel on administrative settlements and criminal investigations surrounding alleged violations of U.S. export control laws
* See Export Controls

Customs

* Advice on customs valuation and import compliance initiatives
* Drafting of compliance manuals and preparation of prior disclosures
* Cancellation or mitigation of penalties and expediting of the release of goods
* Guidance on country of origin marking and labeling requirements
* Advice on binding rulings, protests and judicial proceedings
* Guidance on special compliance programs, including the Customs-Trade Partnership Against Terrorism (C-TPAT), Focused Assessments and the Importer Self-Assessment Program
* Counsel on Department of Homeland Security regulations and policies
* Guidance on NAFTA, GSP, CBI, CBTPA, AGOA, ATPA, ATPDEA and other international trade agreements
* Assistance with duty management strategies
* Advice on Maquila/PITEX, industrial and free zones and WTO/WCO issues relating to the cross-border movement of goods

EU Customs and VAT

* Guidance on customs matters (saving customs duties, optimizing customs structures, etc.)
* Advice on VAT issues (the VAT consequences of distribution in Europe, consequences of EU expansion, etc.)

Dispute Settlement

* WTO dispute settlement
* NAFTA litigation
* International commercial arbitration
* Special governmental and intergovernmental proceedings relating to international commerce

Intellectual Property

* Counsel on the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights Provisions for protecting IP rights in numerous other international regional and bilateral agreements
* Country-to-country negotiations and WTO dispute settlement to achieve full implementation of these rules by U.S. trading partners
* Management of IP issues within the multilateral trading system
* Section 337 investigations

Tax and Trade

* Counsel to importers on restructuring their transactions to take advantage of opportunities for saving duties on the first sale (multi-tiered) doctrine and “cost shifting”
* Advice in connection with IRS, CPB, foreign tax, and transfer pricing and related party customs regulations

Textiles and Apparel

* Advice on import strategies, customs compliance, global sourcing and access to foreign markets
* Guidance on consumer and product labeling issues, international trade agreements and preference programs

Food and Drugs

* Compliance programs and internal audits regarding FDA regulations implemented under the Bioterrorism Act of 2002
* Guidance on products excluded from entry into the U.S. for food safety reasons — and assistance in working with the FDA to reopen the U.S. market to these goods
* Advice on regulatory requirements governing product labeling and advertising
* Counsel on all aspects of FDA enforcement issues, including penalties, product seizures and countrywide detentions

Agriculture

* Representation in disputes alleging unfair pricing (“dumping”)
* Litigation of patent infringement claims and claims related to food labeling and other countries’ access to U.S. agricultural markets
* Advice on SPS issues under WTO agreements and treaties
* Work on behalf of foreign governments with food safety regulators on issues including BSE (“mad cow disease”) and the trace-back of foodborne illnesses
* Participation in rule-making on issues ranging from country of origin labeling to bioterrorism
* Advice to international producers of agricultural exports on tariff preferences and other market access issues in the U.S. and E.U.
* Lobbying in the U.S. Congress on agricultural legislation
* Advice on agricultural issues in bilateral and multilateral trade negotiations

Aerospace

* International teaming agreements and joint ventures for selling high-end defense and aerospace products to foreign customers, both private and governmental
* Guidance on the U.S. Foreign Military Sales Program
* Counsel on commercial and civilian space programs

Related Experience

Export Controls
Global
Globalization & Commercialization
Government Contracts Governmental Affairs
Intellectual Property & Technology
International Dispute Resolution
Tax