International Trade

Areas in which we advise clients include the following:

Antidumping and Countervailing Duties (AD/CVD) and Trade Remedies

International and domestic companies and industries have relied on Akin in more than 100 AD/CVD proceedings, including many of the most important cases of the past decade.

In addition to advising clients bringing and responding to AD/CVD complaints, we also counsel clients on the practical and political considerations in other matters where imports are alleged to have injured a domestic industry, such as section 201 (global safeguards), section 232 (national security safeguards), section 301 (China forced technology transfer), section 406 (market disruption from nonmarket economies) and section 421 (market disruption from Chinese imports).

Customs

We advise clients on classification, valuation, country-of-origin marking, substantial transformation, preferential duty and drawback issues. Our lawyers also assist clients with audit procedures and possible prior disclosure of violations. In addition, we handle major customs fraud investigations and advise clients on compliance with homeland security measures.

Export Controls

We advise companies on the complex, evolving regulations governing the export and re-export of goods, technologies and services from the United States and European Union.

We provide clients with deep experience in export classification and licensing, compliance and enforcement under the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR) and EU trade regulations, including the Union Customs Code and its implementing regulations, EU trade defense regulations, EU Dual Use Regulation, EU Common Military List and EU Common Position on export licensing criteria for military goods, and EU sanctions regulations.

Economic Sanctions

We advise clients on compliance with U.S. trade embargoes administered by Office of Foreign Assets Control (OFAC) and the imposition of economic sanctions against foreign governments, entities and individuals, as well as sanctions implemented, administered and enforced by the EU, its member states and the United Nations Security Council.

Committee on Foreign Investment in the United States (CFIUS) and Transaction Due Diligence

Akin has represented hundreds of clients in highly sensitive matters before the CFIUS and has a deep knowledge of the committee and its member agencies. Our tremendously deep bench sets Akin apart among the small handful of firms qualified to address high-stakes CFIUS issues.

In addition to our CFIUS work, we regularly advise clients on other national security reviews of inbound and outbound investments and conduct due diligence reviews of investments and transactions. These reviews assess the risk of export control and sanctions issues, address related concerns and prepare risk factor assessments and disclosures.

Antiboycott Laws

We represent clients before the U.S. Office of Antiboycott Compliance and provide advice on the ways in which they may do business with countries supporting the Arab League boycott. In addition, we advise clients on the implications of the EU Blocking Regulation targeting the U.S. embargo against Cuba, and EU countries’ national blocking statutes.

Anti-money Laundering (AML)

We develop compliance programs and conduct compliance audits to ensure clients’ compliance with all applicable laws. We help clients respond to enforcement actions by state and federal regulators, negotiate settlements of alleged violations and, when necessary, defend clients at trial.

 Our work encompasses the full range of U.S. AML laws, including the USA PATRIOT Act, Bank Secrecy Act (BSA), Foreign Account Tax Compliance Act (FATCA), OFAC sanctions regulations and equivalent laws of other countries.

World Trade Organization (WTO) Dispute Resolution Proceedings

We advise clients on the applicability of WTO rules to the trade-restrictive policies of various foreign governments and assist clients in seeking U.S. or foreign government action in connection with these potential WTO violations.

Trade Policy

We advise U.S. and international clients on trade policy concerns that intersect with their business interests, including issues associated with the negotiation, implementation and enforcement of bilateral and multilateral international agreements and treaties.

Environment, Social & Governance (ESG)

Our lawyers and advisors counsel clients on ESG matters, including responsible trade and investment practices, resilient supply chains, human rights risks, environmental stewardship and overall compliance with the laws and regulations of domestic, foreign and global governing bodies.

Antibribery, including the Foreign Corrupt Practices Act (FCPA) and UK Bribery Act

We represent clients and industries in FCPA and U.K. Bribery Act actions. Our experienced team brings a results-oriented approach to the antibribery issues of our clients.

World Bank and International Financial Institutions Investigations, Compliance and Monitorships

With wide-ranging experience in representing clients before the World Bank and other international financial institutions, we design corporate compliance programs that effectively identify, prevent and remediate misconduct.

Recognition

Our lawyers are frequently designated as leaders in the international trade field based on the recommendations of clients, peers in private practice and publications, including Chambers, The Legal 500, BTI’s All-Stars Awards, WorldECR and Law360.