Trade Compliance Practice

Troutman Sanders Trade Compliance team of attorneys and advisors represents both U.S. and foreign companies in matters concerning U.S. laws and regulations of the cross-border movement of products and services.  These laws and regulations are intended to strike a balance between the need to protect national security and foreign policy of the United States and the need to promote and protect U.S. commercial interests in the global marketplace.  Our team’s extensive experience on all aspects of international trade regulation matters resulted in our international trade practice being ranked in Chambers and Partners Chambers Global 2010 edition.

We counsel U.S. and foreign companies on transactions involving countries and entities subject to sanctions imposed by the U.S. Government.  Our practice encompasses matters before various U.S. agencies, including: the Department of Commerce, Bureau of Industry and Security (BIS); the Department of the Treasury, Office of Foreign Assets Control (OFAC), the Department of State, Directorate of Defense Trade Controls (DDTC), the Committee on Foreign Investment in the U.S. (CFIUS), the Department of Justice, the Department of Homeland Security; and the Department of Defense.

This representation includes advice and counsel, licensing, compliance and enforcement under the Export Administration Act (EAA), the Arms Export Control Act (AECA), Trading with the Enemy Act, International Traffic in Arms Regulations (ITAR), Foreign Assets Control regulations, Export Administration Regulations (EAR), and country-specific trade sanctions/trade embargo regulations. 

Our attorneys and advisors regularly counsel clients on a host of complex export control compliance issues including:

• Classification of goods and services covered by the Commerce Control List (CCL) or the U.S. Munitions List (USML)
• Counseling on general licensing requirements and strategies
• Export licensing of defense-related (ITAR) and dual-use (EAR) articles, services, and technology
• Exports and re-exports to sensitive countries and regions (such as China, India, Russia and the Middle East)
• End-use/End-user controls (such as controls over nuclear, missiles, or biological weapons)
• Foreign assets and U.S. economic sanctions on certain countries (such as Cuba, Iran, Syria)
• “Deemed export” issues arising from the hiring of foreign nationals
• Development and implementation of corporate export compliance programs, and the review and update of existing programs
• Conduct of internal audits for assessing compliance programs
• Voluntary self-disclosures and other export investigation/enforcement matters
• Anti-boycott regulations and compliance
• Due diligence and successor liability as the result of mergers, acquisitions and takeovers
• Foreign Corrupt Practices Act matters
  

Our team’s experience encompasses a wide range of industries, including satellite services, aerospace, defense manufacturers, maritime and aviation cargo carriers, mechanical and fatigue test system services, and telecommunications and energy producers.  Our clients range from large multinational corporations to small industrial companies. 

Our attorneys and advisors regularly counsel clients on a host of complex import control compliance issues including:

• Counsel on general matters before U.S. Customs & Border Protection (CBP)
• Assist in providing advice on import and permit requirements of other federal agencies including the Food & Drug Administration, Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Department of Agriculture
• Development and implementation of corporate import compliance programs, and the review and update of existing programs
• Valuation and transfer-pricing mechanisms
• Tariff classification and duty rate
• Country of origin and “Made in the USA” marking requirements
• Special duty programs such as NAFTA compliance and verification
• CBP investigations and rulings
• Enforcement and penalty actions commenced by CBP
• Ruling requests and protests involving classification, valuation and marking
• Litigating disputes before the Court of International Trade
• Advice on Homeland Security regulations. 
  
  

Our team’s experience with import compliance encompasses a wide-range of industries and products including munitions, textiles, pharmaceuticals, alcohol, tobacco, and food-products. 

The team also has considerable experience advising clients on other regulatory trade issues that arise when U.S. companies do business abroad or when foreign enterprises are active in U.S. markets.  These issues have become more complex as a result of emerging global markets and the subsequent increased difficulty of cross-border transactions. In order to minimize client risks, the group conducts due diligence on potential trade compliance issues on the front end of a deal or transaction, and offers support to clients when and if complications arise.  In cooperation with other attorneys in the firm, Troutman Sanders offers:

• Advice to clients on compliance with the U.S. Foreign Corrupt Practices Act (FCPA) and compliance with the Organization for Economic Cooperation and Development’s (OECD) equivalent anti-bribery regime.
• National Security reviews under CFIUS for mergers, acquisitions or takeovers resulting in foreign direct investment and/or control of U.S. companies.
• Advice to clients on issues related to the European Union, the General Agreement on Trade and Tariffs, the World Trade Organization and the North American Free Trade Agreement. 
• Trade disputes, litigation, arbitration and representation of clients in the alternative resolution of disputes, including disputes involving the World Trade Organization (WTO), the International Trade Administration, the U.S. International Trade Commission, and the International Court of Arbitration.

In addition to advising clients on technical aspects and regulatory applications of U.S. trade compliance laws and regulations, our attorneys and advisors practicing in this area have the experience to provide clients with guidance on all aspects of political and policy developments in Congress and the Executive Branch related to trade regulations and compliance.  We monitor and track legislation and regulations at the federal level and work with our clients to determine the best approach to addressing their public policy needs.  This process often includes filing comments on proposed rulemakings and regulations, drafting proposed legislative provisions, briefings of Members of Congress, Agency officials, and their staff, and participation in various hearings.

 

For further information please contact any of the following:

Charles Hunnicutt  (202) 274-2957                Leonard Fleisig                 (202) 274-2863

G. Brent Connor    (202) 274-2801                 Scott Diamond                  (202) 274-2969