Practices
International Trade Compliance and Enforcement

International Trade Compliance and Enforcement

To succeed in today’s increasingly challenging and competitive global economy, companies must comply with constantly evolving international trade laws regulations. Regulated areas include:

export and technology transfer controls set forth under the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR);
economic sanctions and embargoes administered by the Office of Foreign Assets Controls (OFAC);
import laws enforced by U.S. Customs and Border Protection (CBP) , U.S. Environmental Protection Agency (EPA) and U.S. Food and Drug Administration (FDA);
trade remedy proceedings (e.g., antidumping duty and countervailing duty cases);
reviews and filings involving foreign investment by the Committee on Foreign Investment in the United States (CFIUS); and
antiboycott laws administered by the Bureau of Industry and Security and the Treasury Department.

Shipman lawyers possess considerable experience in each of these areas, frequently helping clients navigate U.S. international trade controls and economic sanctions by advising on export licensing issues, including the classification of products and technologies and the determination of licensing requirements specific transactions. We also assist clients on U.S. customs matters, including those relating to classification, valuation, and country of origin issues, and we seek to identify duty savings strategies when doing so.

In addition, we work with clients in developing, implementing, and auditing international trade compliance programs and taking corrective actions, including the submission of voluntary self-disclosures to government agencies when necessary or appropriate.

In the event of a criminal investigation, we vigorously represent clients and ensure that their interests are effectively protected. We also conduct internal investigations into international trade issues.

Shipman lawyers are active leaders in the trade community, serving on the Connecticut District Export Council and speaking regularly on trade compliance and enforcement issues at conferences, seminars and webinars.

Import/Export Shipments

We assist clients, including manufacturers, exporters, importers and distributors, so that their business operations and shipments comply with import and export laws. In addition to U.S. legal/regulatory requirements under agencies like BIS, DDTC, CBP, EPA and FDA, we often also provide clients access to Interlaw, an international network of reliable, quality-monitored corporate and commercial law firms in more than 80 countries and 140 key cities around the world. Interlaw is deeply connected to key people that our clients need to know in overseas jurisdictions and allows our clients access to a team of more than 7,000 lawyers, fluent in the language and customs of the countries where our clients wish to operate.

Technology Transfers and Deemed Exports

We assist clients in interpreting the complexities of the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR), determining if transactions require licenses or other authorizations from regulatory agencies. As regulations change and evolve, we assist clients with classifying products (including technology and software), especially those on the U.S. Munitions List (USML) and the Commerce Control List (CCL), and determining the specific license requirements for applicable destinations and end users.

Chemical Compliance

We help clients gain a competitive edge based on careful chemical export and import compliance and planning. With chemical products in particular, we assist clients to handle the standard import/export requirements and the specific environmental requirements and regularly address compliance and enforcement issues in support of chemical manufacturers.

Economic Sanctions

We assist clients in the United States and abroad with respect to compliance with economic sanctions, trade restrictions and embargoes administered by OFAC, BIS and DDTC, providing client with a full range of legal services, from risk assessment and development of sanctions compliance programs to defense of governmental enforcement action and penalty negotiations.

Experience

International trade and enforcement

International Trade Counsel to Multi-National Aerospace and Defense Company

Multi-National Aerospace and Defense Company

Representing a large, multi-national aerospace and defense company and its subsidiaries in Office of Defense Trade Controls Compliance (DTCC), which is part of the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC), investigations regarding potential ITAR violations and Bureau of Industry and Security (BIS), which is part of the U.S. Department of Commerce, and investigations regarding potential EAR violations.

Shipman & Goodwin has served as outside counsel to several aerospace and defense manufacturers in connection with U.S. and international trade compliance and enforcement matters, including export control laws and regulations involving the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR), economic sanctions and trade embargoes, Foreign Corrupt Practices Act (FCPA) matters, international anti-corruption, anti-money laundering and anti-boycott matters, and import laws and regulations. Our team recently conducted a comprehensive assessment of an aerospace and defense company’s import valuation processes and procedures to ensure accurate reporting to U.S. Customs and Border Protection.

Comprehensive Investigation of Foreign Person Access to Export-Controlled Technical Data

Conducting comprehensive investigation of foreign person access to aerospace and defense manufacturer’s information technology applications and databases, and preparing related voluntary disclosure for submission to U.S. Department of State Office of Defense Trade Controls Compliance.

Economic Sanctions and Export Controls Laws Guidance

Advising high technology company on the applicability of U.S. economic sanctions and export controls laws and regulations regarding Middle East foreign business enterprises.

U.S. Customs Import Valuation Processes and Procedures

Assessing aerospace and defense manufacturer’s import assists policies and procedures, and making recommendations for effective corrective actions to strengthen import compliance program and ensure accurate reporting to U.S. Customs and Border Protection.