International Trade Policy

Services In-Depth

Assisting Clients Grappling with Global Trade Crises

Our international trade policy team uses not just legal tools, but also diplomatic and political strategies—including informed application of international agreements and treaties—to help companies operate effectively in other countries, lift onerous or discriminatory foreign regulatory burdens, navigate political landmines, collect on foreign judgments and strengthen ties with foreign government officials.

We help clients monitor issues in multiple markets and manage crisis situations that involve a mix of legal, political and public relations, including:

• Eliminating unfair foreign tariffs
• Overcoming investment restrictions
• Misuse of intellectual property (IP) laws, standards and production requirements not grounded in sound science
• Navigating national security policies that impact trade flows.

Strategic Advocacy with U.S. and Foreign Governments

We work with companies and sovereign governments to create and implement effective, comprehensive advocacy strategies in order to provide the best opportunities for success.

We have successfully lobbied Congress and U.S. regulatory agencies on domestic legislation and policy on topics such as international tax, tariffs, free trade agreements, customs and national security. We engage with foreign governments on similar issues, both in country and with their diplomatic representatives in Washington, D.C. and Geneva, Switzerland, among other cities worldwide.

Advising on Policy Direction for Those Who Need to Know Where Policy Is Headed

Many companies and investment firms benefit from understanding not only the current policy landscape, but where policy is likely to head in the future.

Our trade policy team has an enormous amount of experience in and out of government, so the lawyers and advisors understand the personalities, politics and development of trade policy. They use that experience and knowledge to help companies think about what’s coming, and prepare them for future changes in international trade and investment policies around the world.

Negotiation and Interpretation of Trade and Investment Agreements

Our team has decades of experience successfully guiding clients through complex bilateral and multilateral trade negotiations, including those related to:

• Free trade agreements
• Regional economic framework agreements
• Bilateral investment treaties
• United Nations agreements
• World Trade Organization (WTO) agreements.

Whether negotiating on behalf of a foreign government or expanding market access opportunities for a company’s product or service, we develop customized approaches that effectively and efficiently address our clients’ needs.

Litigating Trade Cases for Private Clients and Foreign Sovereigns in Multiple Fora

Akin’s international trade policy lawyers and advisors seek solutions to our client’s issues through advocacy and diplomacy.

Should it be necessary, we are also well equipped to take disputes into U.S. federal courts and international tribunals. Our capabilities are informed by years of service in government and representing corporate and government clients. Our work includes:

• Trade-related disputes at the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit
• Dispute settlement panels established under the United States-Mexico-Canada Agreement (USMCA)
• WTO disputes and the possible impact of WTO rulings and negotiations
• Investor-state arbitration in multiple fora, including the International Centre for the Settlement of Investment Disputes (ICSID)
• Complex international arbitration and litigation in United Nations fora, including the International Court of Justice and the International Civil Aviation Organization (ICAO).

Advising on Customs, Tariff, Market Access and Taxation Issues

Akin has saved companies millions of dollars in tariff relief through the improvement of import compliance programs, supply chain management, utilization of trade preference programs, alternative sourcing programs, and legislative and regulatory advocacy.

We also assist clients on matters vital to international business and address the foreign policy and political challenges they face. Our team advises on:

• Eliminating unfair U.S. and foreign tariffs
• Compliance with domestic and foreign systems of taxation and regulatory regimes
• Ensuring trade facilitation at the borders, including proper tariff classification and expedited import/export procedures
• Planning international investments
• Navigating tariff and non-tariff trade barriers
• Managing discriminatory or unnecessarily burdensome regulations.

Representative Work

• Engaging all three governments in the USMCA to resolve a rules of origin issue. When no negotiated resolution was found, Akin assisted some of the governments and relevant multinational companies in the first ever tri-party dispute before the USMCA.
• Facilitated discussions with the House Select Committee on the Strategic Competition Between the U.S. and the Chinese Communist Party staff for clients seeking to discuss the committee’s policy agenda.
• Advising a leading drug development company with government relations issues in the Asia-Pacific region, including advocacy with local regulators and responding to new laws and regulations that affect its business, such as data protection, IP rights, and certification and licensing issues.
• Serving as counsel for a chemical industry company on U.S. trade policies, devising tariff and cost savings opportunities, promoting foreign market access and influencing international trade agreements with respect to certain tax, energy and environmental issues.
• Successfully litigated against the U.S. government attempts to impose safeguard tariffs on imports of agricultural items.
• Representing an international textile company in its response to a withhold release order (WRO) issued by U.S. Customs and Border Protection, due to allegations of the use of forced labor.
• Advising a private investment firm on trade policy conditions in emerging markets, trade policy developments in the U.S. Congress, and policy developments and international trade agreements.
• Advised a foreign embassy in Washington, D.C. on the interpretation of its air transport agreement and educated U.S. officials on the importance of the agreement and liberalization of competition in the air transportation sector. Ultimately represented this government in a dispute proceeding before the ICAO.
• Assisted a government client in numerous free trade agreement negotiations, and successfully defended the actions of the same government before the WTO on the basis of national security.