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Ranked by Chambers USA, Chambers Global and Chambers Greater China, Pillsbury’s International Trade practice is known for its sophisticated work on export controls and sanctions, Committee on Foreign Investment in the United States (CFIUS) reviews, international trade agreements, and Foreign Corrupt Practices Act (FCPA) and customs compliance.
Combining in-depth knowledge of trade measures with a nuanced understanding of the related political, policy and diplomatic context, Pillsbury provides clients with the full range of legal services related to regulation of international trade and investment.
Our International Trade lawyers assist clients with matters including: export controls and embargoes; regulation of foreign investment; customs compliance and enforcement; FCPA compliance; the interpretation of international trade agreements; litigation, arbitration and settlement of trade disputes; trade remedy proceedings (such as antidumping investigations); and trade issues that arise in transactions. Experienced in resolving a multitude of trade-related problems, we offer practical, strategic and effective advice to clients from a wide variety of industries, including computer hardware and software, aerospace, defense, semiconductors, financial institutions, satellite services, energy, agriculture, chemicals, steel, travel, automotive and electronics. We regularly team with lawyers in the firm’s other practice areas to ensure comprehensive service and the deep understanding of our clients’ industries and technologies needed to tailor solutions to help clients accomplish both their immediate and long-term goals.
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Pillsbury’s lawyers bring their extensive experience to bear in all aspects and fields of International Trade, including:
Customs Compliance & Enforcement
We are experienced in virtually all aspects of U.S. customs laws and their administration, including tariff classifications, tariff relief proceedings under Section 301 of the Trade Act of 1974 and Section 232 of the Trade Expansion Act of 1962, country of origin marking, import valuation and rules of origin. Pillsbury lawyers represent clients in requesting Customs and Border Protection rulings. We also assist in designing internal customs compliance programs and in responding to Customs audits, and defend clients in seizure, enforcement and penalty proceedings.
Global Economic Sanctions & Embargoes
Pillsbury lawyers have deep experience advising clients on compliance with economic sanctions imposed by the U.S., EU, UK and other allied governments under the International Economic Emergency Powers Act and the Trading with the Enemy Act, including sanctions regulations administered by the Treasury Department’s Office of Foreign Assets Control (OFAC) with respect to countries such as Russia, China, Cuba, Iran, Venezuela, Sudan, Syria, North Korea and Myanmar/Burma, as well as Specially Designated Nationals (SDNs).
Export & Technology Transfer Controls
Pillsbury assists clients in interpreting Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) requirements to determine if proposed transactions require prior government approval. We help companies classify products on the Commerce Control List and the U.S. Munitions List, assist in preparing license applications and commodity jurisdiction requests, advise on export control law violation disclosures, conduct investigations, negotiate settlements, and defend clients in administrative enforcement proceedings and criminal prosecutions.
Foreign Corrupt Practices Act Compliance
Our cross-practice team provides the full range of FCPA-related services, from general compliance and specific transactions advice to investigations and representation before government agencies, offering exceptional guidance on the complex legal and regulatory issues involved in doing business abroad. We monitor U.S. court decisions, DOJ and SEC settlement terms, and enforcement officials’ and regulators’ policy statements, and we help clients establish effective FCPA compliance programs and respond when potential violations arise.
Anti-Money Laundering
For both financial institutions and traditional companies, anti-money laundering (AML) laws have broad impact on modern business and intersect in important ways with sanctions, export control, anti-corruption and other trade issues. Pillsbury advises U.S. and non-U.S. financial institutions as well as companies and investors on regulatory and criminal AML rules, as well as due diligence and know-your-customer. Our work ranges from traditional banking to Fintech to the cutting edge of digital assets.
International Trade Agreements
As international trade agreements under the World Trade Organization (WTO) and bilateral/multilateral agreements such as the United States-Mexico-Canada Agreement (USMCA) have greatly expanded the scope of domestic government regulation subject to international obligations, Pillsbury has been advising companies and has represented clients in numerous completed and pending investor-state arbitrations, WTO dispute settlement proceedings and appeals, and other cases under WTO, USMCA and other trade agreements.
Regulation of Foreign Investment & National Security
Pillsbury advises on foreign investments in the U.S., handles CFIUS notifications under the Defense Production Act of 1950, as amended, and represents clients in complex, high-profile investigations. We are experienced in matters involving foreign government control, highly sensitive technologies, intricate regulatory regimes, transportation, communication and energy infrastructure, and cleared companies. We also assist with security clearances and advise on National Industrial Security Program (NISP)’s impact on business operations and NISPOM’s “foreign ownership, control, or influence” (FOCI) rules.
Trade Remedy Proceedings
We have extensive experience representing clients in trade remedy proceedings before the Commerce Department and the International Trade Commission (ITC) involving complex topics, including antidumping issues, anti-circumvention, hyperinflation and non-market economies, as well as the countervailability of subsidies granted to government-owned entities before their privatization. We also represent clients in national security investigations under Section 232 of the Trade Expansion Act of 1962 before the Department of Commerce and tariff proceedings under Section 301 of the Trade Act of 1974 before the Office of the U.S. Trade Representative. We handle appeals to the Court of International Trade, the Court of Appeals for the Federal Circuit and the U.S. Supreme Court.
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