International Trade Policy
Our public policy practice is ranked among the top 10 for law and lobbying firms nationally.* Members of our team have more than 300 years of combined experience on Capitol Hill and in the Executive Branch. We represent foreign governments, private and public clients, and trade associations from around the world on international trade matters before U.S. agencies and courts, foreign tribunals and multilateral institutions. We have extensive experience in both the legal and political elements of both bilateral and multilateral free trade agreements, international criminal treaties, market access disputes, quotas and non-tariff barriers. We provide governments and industry with comprehensive counsel in all aspects of negotiations and implementation.
We integrate lobbying and regulatory implementation, providing clients with a full perspective on the political implications of existing and pending trade legislation and assisting them in developing successful strategies to address these implications. Our methodology is flexible and tailored to the business goals and challenges of each client.
We regularly appear before the United States Trade Representative (USTR), the Department of Commerce (ITA, BIS), the United States International Trade Commission (ITC), the Department of State, the Department of the Treasury (OFAC, CFIUS), the Congressional committees of jurisdiction, and the bipartisan leadership of both Houses of Congress to represent our clients. Because we are familiar with the operations and key personnel of all these decision-making bodies, we offer comprehensive, seamless advocacy.
Members of our team have held positions at the highest levels of government. They include a former Senator; a Congressman; and key Republican and Democratic counsel and staff to the House and Senate leadership, many important Congressional committees, and numerous Members of Congress. Members of our team also have worked in Executive Branch and regulatory agencies, including USTR; Central Intelligence Agency; Federal Communications Commission; Office of Management and Budget; Securities and Exchange Commission; and U.S. Departments of Commerce, Defense, Energy, Justice, and Transportation.
International Trade Regulation
The international trade regulation practice of K&L Gates provides comprehensive trade regulatory services with a global reach. K&L Gates trade lawyers are experienced in every area of international trade law and regulation, including export control laws, trade remedy laws and trade agreements, and customs laws. The firm’s international trade lawyers represent multinational and regional businesses, including manufacturers, exporters and importers; governments; associations and other organizations; and individuals from virtually every geographic region. Our lawyers provide assistance in connection with business planning and transactions, regulatory proceedings, national and multinational trade proceedings and disputes, and government investigations and enforcement proceedings. K&L Gates provides international trade services globally through its offices in the United States, Europe and Asia and its relationships with trade experts in other locations. Following is a brief summary of K&L Gates’ capabilities in each area of the international trade regulation practice.
Export Controls and Regulations. K&L Gates international trade lawyers are experienced in dealing with every type of export control law and all other laws and regulations that impact export trade activities. We advise clients regarding the Export Administration Regulations (EAR), the various Office of Foreign Assets Control regulations, the International Traffic in Arms Regulations, as well as the anti-boycott provisions of the EAR and Internal Revenue Code, the various statutory-based trade restrictions and sanctions, such as Helms-Burton, and, as described further below, in conjunction with the firm’s trade policy, government contract, white collar and SEC enforcement practices, CFIUS and the FCPA. Our practice has considerable experience dealing with export regulatory issues not only in the context of regulatory proceedings, such as applications for licenses and other approvals and requests for commodity classifications and commodity jurisdiction rulings, but also in connection with transactions, including mergers and acquisitions, internal compliance reviews and programs, and government investigation and enforcement matters.
Trade Remedy Laws and International Trade Agreements. K&L Gates’ international trade practice routinely assists clients with trade remedy matters, including countervailing, anti-dumping and Section 201, 301, 337 and 421. Our trade lawyers both provide trade remedy counseling and represent parties in proceedings brought under the U.S. trade remedy laws. In addition, our trade lawyers counsel and assist clients in market access, compliance and dispute resolution matters under multilateral trade agreements, such as WTO, NAFTA, FTAA, the ASEAN Initiative, MEFTA, APEC and CAFTA-DR, as well as bilateral trade and investment treaties. The firm has an active practice before each of the agencies involved in administering the trade remedy laws and implementing and enforcing trade agreements, including the USTR, ITC and the U.S. Department of Commerce, as well as before the Court of International Trade. Firm clients include U.S. and non-U.S. based manufacturers, exporters, importers and foreign governments and trade associations, who reflect the full spectrum of trade interests. Members of the trade regulation practice also routinely team with the firm’s public policy practice in representing clients on trade policy matters before the U.S. Congress and Executive Branch agencies, other governments, and bilateral and multilateral trade organizations, including the WTO.
Customs Laws. The firm has a broad and robust practice focusing on U.S. and non-U.S. customs issues, including classification, valuation (such as assist and related party matters), origin rules and country of origin marking, drawback, free trade zones and bonded warehouses. Our lawyers also are experienced in reduced tariff provisions and special tariff regimes, such as GSP, NAFTA, CBI and other free trade arrangements. With the adoption of the harmonized tariff schedule and uniform customs practices, the trade regulation practice is also capable of assisting with many non-U.S. tariff issues with the assistance of the firm’s offices in Europe and Asia. The firm has considerable experience providing assistance on customs issues in connection with business planning and compliance counseling, administrative proceedings, such as requests for classification, origin and other rulings, protests (and resulting appeals before the Court of International Trade), and investigation and penalty matters. Firm trade regulation attorneys have particular experience in assessing and resolving complex customs compliance risks.
Multidisciplinary Trade Services
Committee on Foreign Investment in the United States (CFIUS). Our lawyers, since the adoption of the Exon-Florio statute, have been advising both sellers and buyers in connection with proposed acquisitions of U.S. businesses that may be subject to review by CFIUS. The effective representation of clients in CFIUS matters requires a combination of experience, including trade policy, trade regulation (particularly export controls), government contracts and industrial security. The firm has, and when representing clients in CFIUS matters calls upon, each of these capabilities. We have advised clients on voluntary notifications of acquisitions and mergers, handled all aspects of filings and associated information sharing, assisted in securing mitigation agreements with U.S. security agencies that enabled the desired foreign investments, and monitored and helped inform Congressional activity related to notifications. We advise foreign companies, foreign governments and related parties on investment solutions geared to the newly expanded jurisdiction of CFIUS over critical infrastructure and critical technologies, for example, energy and telecommunications. Uniquely, we bring to bear the experience and persuasive powers of our entire international trade policy team on all legal, policy and legislative dimensions of each case, in combination with lawyers from our international trade regulation and government contracts practices. We are able to work with each CFIUS member agency and official, with particular emphasis on those with security responsibilities such as the Department of Justice (DOJ), Federal Bureau of Investigation, Department of Defense (DoD), Department of Homeland Security, Department of Commerce, Department of State, Department of Energy, the agencies of the U.S. Intelligence Community and the Congressional committees of jurisdiction.
Foreign Corrupt Practices Act (FCPA). FCPA and related anti-corruption and money laundering compliance issues confront virtually every business today and can arise in connection with the administration of internal compliance policies and procedures, international business transactions, internal corporate investigations and enforcement proceedings brought by the DOJ, the SEC and/or other U.S. enforcement agencies. K&L Gates has an experienced team of FCPA and anti-corruption lawyers comprised of representatives from the white collar defense, SEC enforcement and international trade regulation practices that assist clients in all of these areas. Our lawyers are experienced and skilled in implementing rigorous and effective FCPA and business ethics compliance programs, conducting associated internal investigations and dealing with high-stakes government investigations and enforcement matters.
Other Legal Services In Support Of Trade Activities
International Litigation
Unfair Trade Practices. In the increasingly global marketplace, K&L Gates’ antitrust and trade regulation practice group is everywhere our clients are, helping them minimize antitrust and competition risk so they can focus on their strategic business objectives. Our antitrust and trade regulation lawyers have decades of experience representing clients in both criminal and civil antitrust and competition law matters before the DOJ’s Antitrust Division, the Federal Trade Commission (FTC), various state attorneys general, the ITC, the U.K. Office of Fair Trading and Competition Commission, and the European Commission. Although European competition law is derived from the Treaty of Rome, each of the 27 Member States of the EU has its own competition laws. Our London-based competition lawyers provide advice regarding a variety of issues under U.K. and EC competition laws, including merger notifications and challenges, competition aspects of commercial transactions and agreements, and dominant market position issues. In addition, our lawyers provide advice and coordination regarding compliance with and remedies under the EC Treaty applicable to members of the EU as well as each Member State’s individual competition laws, often in collaboration with competition counsel in the various European Member States.
International Arbitration. K&L Gates is committed to assisting its clients in employing dispute avoidance and ADR to bring about the best and most cost-effective resolutions to disputes. Consistent with our long-standing commitment to ADR, for many years K&L Gates has been a member of both the International Institute for Conflict Prevention and Resolution (CPR) and the U.K.’s leading proponent of ADR, the Centre for Effective Dispute Resolution (CEDR), and has appointed an ADR counsel to assist our lawyers and clients with ADR procedures. Many of our lawyers are trained and certified as mediators and serve as AAA, CEDR, CPR or court-appointed dispute resolution specialists and on dispute resolution boards. K&L Gates also has substantial experience dealing with ADR issues in connection with cross-border transactions. For example, in the case of investment projects, our lawyers often recommend structures in the agreement to take advantage of Multilateral and/or Bilateral Investment Treaties (MIT/BIT), like NAFTA and the Energy Charter Treaty, to provide last-chance protection where the client’s interests are adversely affected, whether by expropriation, unfair or discriminatory treatment or economic measures limiting the ability to export profit or otherwise.
International Business Transactions
International Business Transactions. K&L Gates transactional lawyers are equipped to handle drafting, negotiating and implementing any type of agreement in connection with trade and investment activities, including sales and supply contracts, distributor and agency agreements, the establishment of branches and subsidiaries, joint ventures and mergers and acquisitions. Our transactional lawyers have had substantial experience with trade and investment transactions in every region of the globe.
Europe. With our offices in London (over 100 lawyers), Berlin and Paris, K&L Gates can provide comprehensive assistance in connection with trade activities in Europe, including with respect to transactional counseling and assistance, dispute resolution, and regulatory and other legal compliance issues. For example, K&L Gates’ London office performs the function of “European Counsel” for clients wishing to maintain a single point of contact for the management and coordination of legal services for their European business ventures. In addition, the trade policy and regulatory practices coordinate with our local professionals in Europe to assist clients with European trade policy and regulatory matters and U.S. trade regulatory issues arising from activities in the region.
Asia. With our offices in Taipei, Hong Kong and Beijing, K&L Gates also provides comprehensive assistance in connection with the Asian trade activities of clients based outside of that region, including in structuring and implementing trade and investment activities, dispute resolution, and dealing with regulatory and other legal compliance issues. K&L Gates offices in Asia also assist in efficiently delivering services relating to U.S. trade policy and regulatory issues for clients based in Asia. In addition, the trade policy and regulatory practices coordinate with our local professionals in Asia to assist clients with regional trade policy and regulatory matters and U.S. trade regulatory issues arising from activities in that region.
Cross-Border Canada . K&L Gates has extensive experience advising Canadian clients in international and cross-border transactions from our offices along the East and West Coasts of the United States, Beijing, Hong Kong and Taipei. We currently serve as general U.S. legal counsel to a number of public and private Canadian companies operating in the United States. Our lawyers also represent individuals and businesses owning property and conducting business in Canada. Additionally, K&L Gates has extensive experience representing major Canadian financial institutions — including the Royal Bank of Canada, the Canadian Imperial Bank of Commerce and the Bank of Montreal — in complex international credit transactions.
German. The German practice group is fully integrated with other firm practices and can draw upon the experience of the firm’s professionals in virtually all industries and legal issues that may arise. The majority of the group’s practice deals with cross-border transactions involving the United States and the German-speaking countries, i.e., Austria, Germany and Switzerland. The group also advises Austrian, German, and Swiss clients and their U.S. affiliates on U.S. federal and state regulatory law and serves as co-counsel with Austrian, German and Swiss law firms in numerous capacities.
Real Estate Transactions. K&L Gates has extensive experience in all areas of real estate law and transactions. K&L Gates’ real estate practice offers a unique blend of national coverage in the United States through our American offices and a comprehensive real estate practice in the U.K., Germany, France and certain key markets in Asia. We also provide deep market experience, knowledge and presence in the local markets in which we practice. We work closely with our colleagues in our construction, environmental, tax, litigation, land use planning and zoning, bankruptcy and finance practices to provide a full range of services to our real estate clients on local, regional, national and international transactions and projects.
Maritime
K&L Gates has an extensive and wide-ranging maritime practice, offering the maritime industry nationally and internationally significant legal, transactional, legislative and regulatory capabilities. The K&L Gates maritime practice dates back more than 25 years. Today the maritime practice represents owners and operators in all major sectors of the maritime industry — breakbulk, containerships, liquid and dry bulk cargo vessels, passenger cruise vessels, and specialized vessels such as power generating barges, tugs, mobile offshore drilling units, offshore supply vessels, dive support vessels, pipe and cable laying vessels, and fishing, dredging and recreational boats. Our maritime clients also include ports, marinas, shipyards and a variety of industry associations and coalitions, as well as shippers or other industries with maritime-related needs.
* K&L Gates has been ranked the fifth largest law and lobbying firm in the United States (Legal Times, March 2009).