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International Trade
Troutman Sanders LLP represents clients on a broad range of issues which arise under U.S. law and international trade agreements. The firm's International Trade Practice Group provides representation, advocacy, analysis and advice on all aspects of international trade regulation matters. We offer a full range of legal services and public policy representation before the U.S. Congress, federal agencies, U.S. courts, and multilateral trade bodies.
Our attorneys and professionals are among the most respected and experienced in matters of international trade law and represent clients involved in significant trade disputes, many involving significant political implications. Chambers and Partners ranked our international trade practice in their Chambers Global 2008 edition, covering over 160 countries, saying, "A tremendous record...and excellent client relationship skills has made the team here a highly favored destination when trade remedy issues arise."
Export Licensing and Controls
Members of the Group assist clients with trade regulation matters before the U.S. Trade Representative, and the Departments of State, Commerce, Treasury, Homeland Security, and Defense. This representation includes counsel and advice on necessary appropriate governmental reviews and approvals and compliance with U.S. export and import laws, including the Arms Export Control Act, the International Traffic in Arms Regulations (ITAR), the Export Administration Act of 1979, the Export Administration Regulations (EAR), and other matters under the jurisdiction of the U.S. State Department's Directorate of Defense Trade Controls (DDTC), the Department of Commerce's Bureau of Industry & Security (BIS), and the Department of Defense's Defense Technology Security Administration (DTSA). We also counsel clients on country-specific trade sanctions/trade embargo regulations, and provisions of the Foreign Corrupt Practices Act and the Foreign Agents Registration Act. Members of the group have worked closely with clients to implement corporate compliance programs covering the transportation of goods, services, or technology to or from the United States.
Our team has extensive experience in developing export control compliance programs both in the United States and abroad. As early as 1988, a member of the firm developed the Model Strategic Products Export Control Program that was adopted by Japan's Ministry of International Trade and Industry (MITI).
Customs Issues
The Group provides advice and counsel to U.S. importers with regard to a wide variety of matters before U.S. Customs and Border Protection including classification, valuation, country of origin marking, investigations and rulings, homeland security regulations, "graymarket" goods, requests for classification, as well as valuation rulings. Troutman Sanders attorneys represent large international manufacturers in enforcement and penalty actions commenced by CBP and have litigated disputes before the Court of International Trade. Members of the Group also counsel clients on other customs matters such as applications for special treatment under the Generalized System of Preferences (GSP) and the establishment and operation of foreign trade zones and bonded warehouses.
National Security
Troutman Sanders has a dedicated group of attorneys and professionals who handle national security reviews of foreign direct investment -- often referred to as “Exon-Florio” reviews -- administered by the Committee on Foreign Investment in the United States (“CFIUS”). The Exon-Florio amendment to the Defense Production Act provides that all mergers, acquisitions and takeovers that could result in foreign control of U.S. corporations are subject to possible governmental investigation and Presidential action if they are deemed to present a threat to national security. Furthermore, even in instances where a foreign investor may only be purchasing a minority stake, such an investment could be deemed as a dominant minority ownership that could affect any CFIUS analysis. Careful planning of any transaction involving foreign investment in a U.S. company requires consideration of whether to seek CFIUS review.
Trade Policy and Trade Remedy Proceedings
The International Trade Practice Group also represents clients in trade negotiations and trade actions before
- the Department of Commerce,
- the Office of the U.S. Trade Representative,
- the U.S. International Trade Commission (ITC),
- the U.S. Court of International Trade, and
- the U.S. Court of Appeals for the Federal Circuit.
Members of the group also have appeared before the Senate Finance Committee and the House Ways and Means Committee to testify regarding trade matters involving various industries. The group also advises clients on NAFTA-related opportunities, including detailed analyses of issues of rules of origin, tariff concessions, maquiladora operations, drawback and other key issues in the context of NAFTA's effects on North American facilities of multinational businesses.
Our attorneys have been involved in hundreds of US trade remedy proceedings over the last 25 years, including antidumping and countervailing duty investigations, novel suspension agreements, unfair trade and unfair import practices (Section 301 and Section 337), and "escape clause" or "safeguard" (Section 201) actions, on behalf of domestic and foreign corporations, state-owned enterprises and foreign governments.
For more examples of our trade remedy proceedings, please click here.
Their activities have included both counseling and litigating with respect to trade-related matters, including proceedings in several landmark international trade cases on behalf of major multinational corporations. In particular, members of the group have counseled US and foreign corporations and foreign governments on trade agreement negotiations, including the North American Free Trade Agreement (NAFTA), the US-Canada Free Trade Agreement (CFTA), and the Uruguay Round negotiations of the GATT.
WTO Negotiations and Proceedings
Our attorneys provide advice to clients on proceedings before the World Trade Organization (WTO), and have counseled governments around the world regarding negotiations in the GATT and the WTO. The group also represents a number of WTO Member governments and national industries in disputed settlement proceedings involving a wide-range of goods and services.
For a more comprehensive experience list, please click here.
Our attorneys are familiar with the statutory and regulatory changes brought on by multilateral, regional and bilateral trade agreements that have resulted in significant revisions to the US trade laws. Group members actively engage key decision-makers in the Office of the US Trade Representative, the US Customs Service and other US government agencies involved in the formulation of US government negotiating positions.
In connection with the adoption of worldwide WTO procedures, the Group has advised several foreign governments on drafting and implementing trade laws and practices in accordance with new international legal obligations. The group's attorneys and trade professionals have conducted acclaimed training seminars for the governments of Mexico, Taiwan, Uruguay, Egypt, Venezuela, Indonesia, El Salvador, and Argentina with respect to antidumping, countervailing duty, and safeguard investigations and corresponding WTO Member obligations. The training seminars success is due to our attorneys applying the appropriate perspective of their US trade law expertise for foreign governments and corporations.
Multilateral and Bilateral International Trade Negotiations
Our group has expertise in representing and advising governments and industries in bilateral and multilateral negotiations. We have been active in negotiations with the United States on behalf of foreign governments, industries and multinational corporations. Our experience has garnered unique insights into the strategies and approaches of different nations around the world.
In addition to negotiations, we can help clients resolve disputes arising under agreements. Our attorneys have successfully represented and counseled governments, industries and multinationals in trade disputes under key multilateral and bilateral agreements. We have assisted in achieving our client’s goals in a variety of disputes, including dumping, subsidies, customs and intellectual property in a wide range of sensitive industry sectors, such as textiles, steel and automobiles.
Section 337 Intellectual Property Investigations
The international trade group has substantial experience in representing clients directly and assessing cases for their impact on related industries in section 337 investigations before the ITC.
Supply Chain Logistics
In the area of international logistics, the practice group's attorneys have broad commercial and legal experience in supply chain logistics, and have advised large international corporations with regard to all manner of contract and commercial issues arising out of the ocean and air transportation of goods. Since September 2001, Troutman Sanders has worked on international transportation security-related issues before Congress and the Departments of Homeland Security and Transportation. Members of the Group helped to create and continue to work with the broad-based transportation/shipper industries' Coalition for Secure Ports.
Public Affairs
In addition to advising clients on technical aspects and applications of U.S. trade and export control laws, our international trade group provides clients with guidance on all aspects of political and policy developments in Congress and the Executive Branch related to trade and transportation. Our group members have diverse backgrounds and experience, but have one thing in common - they know how Washington, D.C. works and how to advance a client's objectives and business goals. Members of the group maintain extensive contacts with key government officials and staff members which allow for quick and meaningful access to influential policy makers.
Other Related Areas
The International Trade Practice Group serves clients in conjunction with the firm's substantial international practice in other areas, including international elements of the Transportation Practice Group the Firm’s Greater China Practice and Israeli Practice Teams. The group regularly advises clients with respect to transnational investments and financings, international taxation, foreign investment and national security clearances, intellectual property, and international arbitration.
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