International Trade & National Security
Strategic Counseling and Robust Advocacy for Cross-Border Challenges
International trade and national security issues pose increasingly complex challenges for cross-border business. From new trade wars and increased customs enforcement actions to new and detailed supply chain rules that can result in the seizure of goods at the border, to restrictions on foreign investment, many companies that operate abroad, source abroad, or sell abroad need guidance to mitigate risk, navigate change, and seize new opportunities. Our multidisciplinary team of international trade lawyers leverages deep experience in key international legal and policy areas to help your business adapt to the changing global environment and achieve your business objectives.
Export & Sanctions Counseling, Compliance, and Enforcement
Foley offers clients specialized experience in international enforcement proceedings involving counterterrorism, economic sanctions, money laundering, weapons proliferation, and the illicit transfer of controlled and classified goods and technologies. From sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the U.S. State Department to export control laws like the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR), our international trade team helps clients identify key risks, implement compliance policies and internal controls, and take measures to mitigate and manage those risks. And when compliance breaks down, our international trade team helps clients investigate potential violations, craft effective defense strategies, and work with regulators to close out disclosures and enforcement actions, in both civil and criminal enforcement actions, while protecting the company’s interests.
Customs & Supply Chain
Our international trade team advises companies that source and import from overseas regarding the full range of import-related matters, including both for U.S. Customs & Border Protection (CBP) matters and the wide range of coordinated agency regulations overseen by Customs. Our international trade team helps importers on the wide range of customs requirements, including through conducting classification reviews, conducting post-entry audits, and helping them manage complicated Free Trade Agreement rules, including those in the U.S.-Mexico-Canada Free Trade Agreement (USMCA). Our trade team helps deal with Customs inquiries, including responding to Form 28s, Form 29s, allegations brought under the Enforce and Protect Act, and import enforcement proceedings brought by CBP and the Mexican Tax Administration Service (SAT). Further, with the U.S. government increasingly expecting importers to scrutinize and oversee their supply chains right down to the last sub-supplier, we help clients navigate supply chain challenges, including the need to comply with forced labor and Uyghur Forced Labor Prevention Act requirements when importing goods into the United States.
International Trade Disputes & Section 337 Investigations
Our international trade team has decades of experience involved antidumping and countervailing duty disputes involving more than 50 products, including most of the largest antidumping and countervailing investigations and reviews over the last three decades. Our trade team represents clients in international trade disputes involving the U.S. International Trade Administration (ITA), the U.S. International Trade Commission (ITC), and the Office of the U.S. Trade Representative (USTR). Our international trade team also works hand-in-hand with our intellectual property team to handle Section 337 investigations into unfair trade before the ITC, allowing us to leverage our deep litigation, intellectual property, and international trade knowledge for companies confronting unfair trade issues.
Foreign Investment & National Security Reviews
Foley’s international team represents clients in complex national security reviews before the Committee on Foreign Investment in the United States (CFIUS), the Defense Counterintelligence & Security Agency (DCSA), and the Directorate of Defense Trade Controls (DDTC). Working collaboratively with our corporate M&A colleagues, our national security lawyers help companies, private equity funds, and venture capital firms identify potential national security risks at the start of a transaction planning process. We then leverage our experience in the Manufacturing, Energy, Health Care, and Technology sectors to develop practical, tailored strategies in proceedings involving critical technology, critical infrastructure, sensitive personal data, and other national security issues. When necessary, our team also can help clients identify potential Foreign Investment Control (FIC) requirements in Europe, Canada, and Asia.
Our International Government Enforcement Defense & Investigations team also provides practical advice regarding the full range of regulatory regimes aimed at multinational companies, including antiboycott, anticorruption, antitrust/competition, anti-money laundering, export controls, and economic sanctions, including in the areas of counseling, compliance, and investigations.
Practical Advice, Practical Answers
Our international trade attorneys are thought leaders who have published dozens of leading legal treatises and white papers. They publish a biweekly series of articles that include a round-up of recent international trade, enforcement, and compliance developments as well as an ongoing series of advisories regarding “What Every Multinational Company Should Know About” key international trade and regulatory topics of concern to every company that operates, imports from, or sells abroad.