|
|
|
In response to the significant increase in export and import related
enforcement actions after 9-11, as well as the export and import boom in
the United States, and particularly in Texas, Strasburger formed its
International
Trade Compliance Team. These attorneys help clients navigate the ever-changing
maze of export and import controls, minimize the likelihood of violations,
conduct internal audits and investigations, take action with respect to
governmental inquiries and provide representation in enforcement actions.
With the overlay of federal regulations implemented and enforced by the
Departments of Commerce, State, Homeland Security, Transportation and the Treasury
as well as the Bureau of Customs and Border Protection (CBP) and the Food and
Drug Administration (FDA), exporters and importers must keep abreast of legal
developments and enforcement trends. Strasburger's International Trade Compliance
Team monitors the evolving U.S. export and import control regime and assists
its clients in understanding these rules as they apply to that client's
particular business activities.
We have assisted clients by developing internal compliance programs,
analyzing proposed export and import transactions and business dealings, as
well as conducting audits, investigations and training programs. We focus on
our client's bottom line, enabling them to improve cash flow by seeking
opportunities to: 1) decrease duty and penalty exposure, and 2) shorten
the time it takes goods and materials to hit the client's supply chain. When
clients have become entangled in alleged export and import violations, we
have successfully represented them and resolved enforcement matters on
favorable terms.
ADVISING ON EXPORT MATTERS
- Advising clients on the development and implementation of internal
compliance programs addressing export controls, "deemed" exports,
economic sanctions, Antiboycott issues, the Foreign Corrupt Practices
Act (FCPA) and anti-money laundering matters.
- Preparing international trade compliance policies for service providers
(non-traditional exporter concerns) such as logistics companies, motor
carriers, offshore marine services providers, and electricity grid managers.
- Representing U.S. and foreign clients in governmental investigations
and with specific transactional inquiries related to exportation of
software, computer-related products, petrochemical products and oilfield
equipment.
- Conducting internal reviews and export compliance assessments,
including analyses of export compliance policies and procedures,
interviews with employees and management and review of documents, and
the assessment of the extraterritorial implications of the U.S. export
laws on foreign subsidiaries of U.S. companies.
- Preparing voluntary disclosures to the Office of Foreign Assets
Control (OFAC) of the U.S. Department of the Treasury, the Bureau of
Industry and Security (BIS) of the U.S. Department of Commerce, and the
Directorate of Defense Trade Controls (DDTC) of the U.S. Department of
State.
- Responding to an Administrative Demand for Information (602
Letter) from OFAC relating to potential sanctions violations by a foreign subsidiary
that conducted activities in Libyan territorial waters during 2003 and early
2004.
- Providing immediate and timely analysis of recently revised controls
on transactions related to Syria, Libya and Iraq so that clients could
maximize legally permitted opportunities.
- Analyzing proposed transactions by foreign affiliates of U.S.
companies relating to sales to third parties partially destined to
embargoed countries, such as Cuba and Iran.
- Assisting multinational companies with international trade compliance
issues in the context of proposed mergers and acquisitions.
|
| |
|
ENHANCING CASH FLOW ON IMPORTS
Working with our affiliated consultants at World Trade Solutions, Inc.
(WTS), we can also help your company increase cash flow by
limiting customs duty exposures through use of the following strategies:
- Transfer pricing strategies
- Participation in government preference programs
- Operational changes designed to maximize supply chain efficiencies
- Indirect tax optimization strategies
- Prior disclosures to mitigate potential penalties for inadvertent
violations of CBP regulations
- Establishment of practical systems for participating in duty savings
programs of U.S. and foreign governments, such as Drawback, Foreign
Trade Zones, Freeports, Customs Entry Reconciliation Program, and others
- Assistance with participation in trade facilitation efforts of CBP, such as Port Account Management, Quota
Pre-Processing Program and Recordkeeping Compliance Programs
|
| |
|
PROTECTING SUPPLY CHAINS THROUGH COMPLIANCE
Compliance with CBP, FDA and DOT rules is at the heart of a successful
international trade program, so our International Trade Compliance
Team stays on top of ever-changing rules and
helps your company handle virtually every aspect of compliance, including:
- Creating, evaluating, and implementing global import/export compliance programs
- Responding to and managing civil seizures, importer or broker
penalties and claims for liquidated damages
- Managing Focused Assessments and full scale Compliance Audits by CBP
- Registering and complying with C-TPAT, FAST, and other similar
programs for facilitating cross-border commerce
- Managing ocean freight regulatory issues
|
| |
|
DEALING WITH CUSTOMS & BORDER PROTECTION
No company or individual bringing goods into or out of the United
States can avoid interaction with CBP. While CBP imposes its own rules,
regulations, and restrictions on trade, it also enforces the laws of
numerous
other agencies. Our International Trade Compliance Team will help you make the most of those CBP programs
that facilitate trade while, at the same time, enabling you to spend less time
dealing with the complexities of CBP compliance. Our attorneys and WTS
consultants are
adept in handling the long list of issues involving
enforcement by CBP and its sister agency, the Bureau of Immigration
and Customs Enforcement. Such issues include:
- Classification of Merchandise
- Valuation of Merchandise
- Entry violations
- Cabotage issues (use of foreign vessels, vehicles or operators in
domestic commerce)
- Country of Origin Marking and Labeling
- NAFTA Claims and Audits
- Foreign Trade Zones (FTZs)
- Focused Assessments
- Compliance Audits
- C-TPAT validations
- Customs Summons and Other Administrative Subpoenas
- Denial, Cancellation, Suspension, or Revocation of Licenses and
Permits
- Seizures, Detentions, Forfeitures and Diversions
- Recordkeeping Requirements
|
