What Does an International Trade Lawyer Do
In 1995, the World Trade Organization, a formal international organization responsible for regulating trade, was established. This is the most important development in the history of international trade law. Lawyers at Gibson, Dunn & Crutcher advise their clients on the development and implementation of global business strategies based on applicable commercial law and on negotiations on future commercial agreements. Our lawyers have expertise in a range of preferential trade agreements, including the North American Free Trade Agreement (NAFTA), and in the intricacies of exports and foreign direct investment. Members of our practice group also advise on understanding the impact of World Trade Organization (WTO) panel reports and represent clients before United Nations tribunals. “I`m helping solve an international compliance issue where I traveled to six different countries in six months. Each situation we deal with is based on specific circumstances that require a lot of analysis and good judgment. International trade is an ever-changing landscape. Anne Fisher, Lawyer: It`s about getting to know and advising on the rules and practices that govern trade relations between countries. We deal with domestic laws and regulations administered by U.S. government agencies, but we also deal with international law applied by various government agencies abroad. International trade law covers a variety of issues such as export controls, economic sanctions, customs and import issues, immigration issues, negotiations on trade agreements and subsidy cases.
“According to clients, White & Case demonstrates `excellent customer orientation` as well as `in-depth knowledge of legislation combined with a thorough understanding of policy associated with business matters`. Chambers Europe 2018 International Trade / WTO – Belgium AF: The trick is to read several specialist publications every day; participate in international trade conferences; and regularly visit Hogan Lovells` website, which includes news notifications. Gibson, Dunn & Crutcher does not limit its international business practices to appearances before administrative authorities. The group has represented numerous clients in appeals in international trade and customs matters before the U.S. Court of International Trade and the Federal Circuit. DK: One of our most interesting things happened last year; It was about renegotiating important trade agreements around the world. Hogan Lovells has played a direct and critical role in helping clients renegotiate NAFTA (the North American Free Trade Agreement). We have also worked on talks with Europe and done a good job vis-à-vis China, South Korea and other Asian countries. We are fortunate to have a strong global position with more than 40 offices, which allows us to perform this type of multinational work due to our size and global profile.
Deen Kaplan, Partner: First and foremost, as a regulatory practice, lawyers working in this field interact intensely with governments around the world. In this way, we can help our clients understand how different governments regulate and deal with compliance and enforcement issues. In matters of international trade law, the competent government is effectively the arbiter in that sense. Our day-to-day work focuses on a combination of trade control issues (sanctions, export controls, etc.), trade disputes (countervailing duties, anti-dumping cases, WTO disputes, etc.) and, more recently, trade negotiations. International trade law includes important work in the field of tax law. An international transaction can take place in several different countries. Trade involving multiple countries is called a cross-border transaction. International commercial lawyers must ensure that their clients understand and comply with the tax laws of all countries in which they operate. They must also work on behalf of their clients to reduce or avoid repetitive impositions.
The objectives and structure of the Organization are governed by the Agreement Establishing the World Trade Organization, also known as the “Marrakesh Agreement”. It does not lay down the rules per se governing international trade in certain areas. These can be found in separate treaties annexed to the Marrakesh Agreement. Our clients are increasingly faced with civil litigation and criminal investigations that raise national security issues. Members of our white-collar litigation and advocacy groups have extensive experience in this area. Often, the resolution of these cases revolves around classified information, and our lawyers are familiar with the complex procedures for handling classified information in federal courts, including the Classified Information Procedure Procedure Act and the State Secrets Privilege. The U.S. government has the exclusive authority to issue regulations on international trade. States cannot conclude their own agreements without the consent of the Confederation. The legislative and judicial branches of the U.S.
government play a role in creating international trade laws. The U.S. Constitution gives Congress the power to regulate trade with other countries. Article Two of the United States The Constitution gives the President the power to enter into treaties with the consent of the Senate. The president appoints a U.S. Secretary of Commerce to oversee international trade efforts on their behalf. In addition, our international trading team has a very horizontal way of working, which means that we really work as a team. We have access to various communication channels as well as many Facetimes, including weekly meetings where we all sit together and discuss new developments.
From an employee perspective, this is very valuable, as it makes the practice very open and provides opportunities to work on various topics within the spectrum of commercial law. Few trading problems are purely legal, and leaving lawyers to work alone is not always the best approach to helping a client. We bring an interdisciplinary approach that combines quantitative, legal and policy expertise with decades of experience. Since the terrorist attacks of September 11, 2001, the U.S. government has become increasingly active in monitoring international business transactions and in regulating or restricting business activities in response to the threat of physical, electronic, or financial terrorism. Doing Business in the 21st Century raises a number of national security issues – managing security in the supply chain; border security; emergency response and recovery; restrictions on the export of certain technologies; and compliance with economic sanctions, anti-money-laundering requirements and corruption regulations. We hope the two countries will agree on a framework to address their business opportunities and differences, and we have worked with our clients to facilitate this. The United States and China are two of the world`s largest economies, and negotiators must find a win-win solution. Hogan Lovells has close relationships in the U.S. and China, and our agricultural, technology and other clients are eager to deepen trade and overcome the dispute.
Given the clients we represent, we expect the high volume of work between the U.S. and China at HL in this area to continue. They will seek help navigating through all the new agreements and laws and regulations that the U.S. and China are implementing. Gibson Dunn`s International Trade Practice Group, named law360`s 2012 International Trade Group of the Year, is based in the Washington, D.C office, near federal departments and agencies that implement and enforce U.S. import, export, customs, transnational investment, and unfair trade laws and regulations. The lawyers in the practice group assist U.S. and international clients on a variety of trade-related matters, including: What also sets Hogan Lovells apart is our wide range of expertise on a range of topics. These include export and import controls, foreign direct investment, economic sanctions, sanctions against trade agreements, anti-dumping subsidy cases, and the ability to deal with complex international trade issues on a global scale. Working with a network of local lawyers around the world, we represent clients before all U.S.
federal and state courts and international authorities that regulate and influence global trade, including federal agencies that oversee the import and export of goods to and from the United States. Gibson, Dunn & Crutcher`s lawyers regularly handle complex cross-border investment transactions and have considerable experience in regulating foreign investment in the United States, including exon Florio reviews before the Interagency Committee on Foreign Investment in the United States (CFIUS). We advise both acquiring companies and targets in assessing the potential benefits of a voluntary CFIUS filing and advise clients on all aspects of the CFIUS process, from “pre-filing” notification to the closing letter. Many of our team members have held leadership positions within the federal government, particularly in agencies and organizations that adopt, implement and enforce national security laws and regulations. Our team includes lawyers who have held senior positions in the U.S. Departments of Justice, Finance, and Labor, as well as the White House, national security council, and the Office of Management and Budget (OMB). Team members include a former U.S. Attorney in Los Angeles, an advisor to the National Security Council, two U.S.
Department of Labor lawyers, the deputy director of omB, and an associate general counsel in the Office of the Attorneys General of the Central Intelligence Agency (CIA). During their reign, our lawyers also worked closely with all national security agencies, including the Director of National Intelligence, the CIA, the National Security Agency (NSA), the Defense Security Service, and the Department of Homeland Security. Because of this wealth of experience, we are ready to address any aspect of a national legal security or public policy issue that our clients face. .