International Trade & Regulatory

In the 21st century, commerce is a global affair, and cross-border business is profoundly influenced by global agreements and trade regulations, sometimes emanating from distant capitals. As government regulation and enforcement increase on everything from export controls to international finance and investment, companies that seek to thrive in the modern marketplace require a proactive, comprehensive approach to trade compliance and policy matters in every jurisdiction where they operate, or wish to.

With a global focus, Alston & Bird’s International Trade & Regulatory Team is composed of individuals in Washington, New York, and Beijing who work with trusted colleagues at other firms with whom we have a long history to provide assistance to our clients. Our lawyers provide clients with a thorough understanding of the legal and regulatory issues that create opportunities—and risks—for companies operating internationally. International trade regulation is constantly evolving as countries redefine their national interests, and staying on top of the core components of international trade practice, such as export controls and sanctions programs, foreign investment regulations, trade policy and agreements, customs, trade remedies, and anticorruption compliance, is a shifting target that calls for focused attention.

One of Alston & Bird’s strengths is the diversity of our lawyers’ skill sets and our knack for integrating often related international trade issues. We are able to deliver a “one stop” shop of experience to meet our clients’ needs, from sourcing and supply chain decisions or compliance programs that reflect your corporate policies to duty-saving opportunities in trade agreements or overcoming sensitive regulatory hurdles to access new markets. When matters require further consideration, such as making voluntary disclosures of actual or potential violations, overseeing corrective actions, or negotiating enforcement outcomes, we have the right experience to help you achieve your business goals.

Accolades

Our group is proud to have been consistently recognized by Chambers USA and Chambers Global as a leading international trade practice. Our lawyers are ranked in Chambers Global, Chambers USA, The Best Lawyers in America, Washington DC Super Lawyers, Who’s Who in America, and Legal 500: Brazil – International Trade and Customs.

We also have attorneys who serve on the board of the American Association of Exporters and Importers and are members of or have work experience in other international trade organizations such as the World Trade Organization (WTO), National Customs Brokers & Forwarders Association, and various international trade sections and committees of the American Bar Association.

We are also the only U.S. law firm listed on the Ministry of Commerce, People’s Republic of China (MOFCOM) foreign counsel panels for trade remedies, trade barriers, and IP 337.

Export Controls and Sanctions

• Concluded a long-running export control investigation conducted by the Office of Export Enforcement of the Bureau of Industry and Security (BIS), Immigration and Customs Enforcement, and Department of Justice (DOJ) by entry into multiple settlement agreements between the companies, principals, and BIS.
• Representing European banks in “stripping” investigations and enforcement matters before the New York County District Attorney’s Office, DOJ, Office of Foreign Assets Control (OFAC), and bank regulators in cases where references to sanctioned countries are “stripped” from financial transactions before being cleared through the U.S.
• Represented a European company with U.S. subsidiaries in the sale and exportation of U.S. items to Cuba. Conducted an investigation and filed voluntary self-disclosures with OFAC and BIS. Ultimately, neither agency imposed a penalty.
• Represented a major automotive industry participant in a voluntary self-disclosure to the Directorate of Defense Trade Control of the export to China of products controlled by the International Traffic in Arms Regulations (ITAR) and resolved the matter without enforcement action.

Foreign Corrupt Practices Act (FCPA)

• Counseled a U.S. defense contractor in the structuring of its payments to a European agent to comply with applicable anticorruption laws.
• Developed and implemented integrated anticorruption and sanctions compliance and training programs for clients in the technology, aerospace, health care, shipping, financial services, and manufacturing sectors.

Committee on Foreign Investment in the United States (CFIUS)

• Represented Boral Limited in the CFIUS review and approval of its $2.6 billion acquisition of Headwaters Inc., a publicly traded company with substantial operations servicing coal-fired power plants and utilities.
• Represented multiple private equity buyers and sellers in CFIUS reviews.
• Represented Beijing Jianguang Asset Management Co. Ltd. (JAC Capital) in the CFIUS review and approval of its $1.8 billion acquisition of NXP Semiconductors NV’s RF power business.
• Represented JAC Capital and Wise Road Capital Ltd. in securing CFIUS approval of their $2.75 billion acquisition of NXP’s standard products semiconductor business, the second high-profile transaction handled for JAC Capital, a Chinese state-owned entity acquiring semiconductor assets.