Mayer Brown’s Global Trade Group has in-depth knowledge and vast experience with virtually every aspect of international trade and investment, including:
Market Access and Trade Policy
Using our business and legal insight, and access to policymakers in capitals around the world, the Global Trade group helps multinational companies identify promising foreign markets and develop entry strategies that overcome market obstacles. We work closely with bilateral, regional and multilateral institutions, including the World Trade Organization (WTO), the World Customs Organization (WCO), the Asia-Pacific Economic Cooperation forum (APEC) and the Organization for Economic Cooperation and Development (OECD) to:
- Address unfair or illegal trade barriers
- Build international business coalitions
- Promote business-friendly trade practices
Clients gain access to key global regulators and business leaders thanks to the senior policy positions our lawyers and professionals have held in the United States, the European Union and throughout Asia. Members of our team have served in:
- The White House
- United States Congress, as members and staff directors
- European Commission
- European Parliament
- United States Departments of Commerce, Transportation, Treasury and State
- Office of the United States Trade Representative
Using such experience we can identify and assess venture partners and investment opportunities in many countries and steer clients through complex negotiations with foreign governments to take advantage of new opportunities.
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Multilateral and Bilateral Trade Agreements
We advise business and government clients on their rights under the WTO agreements and other multilateral and bilateral trade agreements concluded by the United States, the European Union and other countries, including:
For the United States: Bilateral Investment Treaties (BITs); Friendship, Commerce and Navigation Treaties; and FTAs, including the NAFTA and the Dominican Republic-Central American Free Trade Agreement.
For the European Union: Partnership and Cooperation Agreements (EPAs); Europe Agreements; Euromed Agreements; the Stability and Partnership Pact; and other FTAs concluded by the EU.
As new trade agreements are implemented, we keep on top of the process and develop effective negotiating positions and strategies. Often these agreements affect business operations and structures, and our team shows clients what changes are necessary. Currently, we are focusing on EPAs with the African, Caribbean and Pacific countries, the agreements that the European Union will negotiate with ASEAN, Korea, India and Central America, and the long-standing negotiations with the Gulf Cooperation Council (GCC) and Mercosur.
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Preferential Trade Regimes
The United States and the European Union have implemented unilateral preferential trade regimes, the best known of which is the Generalized System of Preferences. Clients in the manufacturing, telecommunications, agricultural and financial services sectors rely on Mayer Brown for guidance on using these regimes alone or in combination with other bilateral and multilateral trade regimes.
That includes taking advantage of such market access tools as the EU Trade Barrier Regulation and Section 301 of the Tariff Act in the United States. Both can be used to pry open foreign markets closed by non-tariff barriers to trade, along with other market access mechanisms provided for in bilateral trade agreements or diplomatic contacts by the European Commission and the US government.
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Market Access and Trade Policy Experience
- Designing a government affairs strategy and communications plan for a major United States media company as part of its $200 million joint venture with a Chinese computer maker
- Helping a large tool manufacturer address a regulation by the Japanese National Police Agency that would have prevented the sale or distribution of certain power tools in that country by classifying them as dangerous weapons
- Obtaining a Presidential decree in Brazil that eliminated discriminatory tax treatment that threatened the operations of a US exporter of agricultural products
- Structuring a cooperative joint venture with two Chinese partners, helping an international music company become the first Western music enterprise to enter the Chinese entertainment sector
- Leading, at the request of the European Commission, the development and drafting of the official REACH guidance documents on data sharing and consortia forming that will provide imported chemicals, alone or in formulated and manufactured products, with EU market access
- Advising several multinational companies and trade associations on commitments to eliminate market access barriers involving financial services and intellectual property rights as key aspects of Russia’s accession to the WTO
- Developing an innovative approach to remedy patent protection problems that research pharmaceutical companies face in Saudi Arabia
- Obtaining commitments that gave a financial services organization open market access to the Ukrainian electronic payments market as part of Ukraine’s pending accession to the WTO
- Securing a major research pharmaceutical company’s exclusive market rights for its product by analyzing bilateral agreement obligations and WTO commitments, and by working with United States and Slovenian Government officials
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Trade Remedies
Companies and trade associations regularly rely on Mayer Brown’s experience in administrative proceedings arising under anti-dumping laws, countervailing duty or anti-subsidy laws, safeguards and other “trade remedies.”
Our team represents parties before the relevant government agencies in the Americas, Europe, Asia and elsewhere around the world. We also appeal rulings before various domestic and international tribunals and apply all appropriate WTO Dispute Settlement Body rulings. In addition to these proceedings, our lawyers help clients proactively protect market share and structure their international operations to minimize their trade remedy vulnerability to trade remedy actions, often by engaging our professionals to conduct dumping “diagnostics” at the client’s facility.
Anti-dumping and Subsidy Issues
We represent clients in anti-dumping investigations and reviews, anti-circumvention proceedings and related litigation involving both market and non-market economies and countries (such as China) with company-specific market economy status. Our lawyers and professionals have had great success before such administrative authorities as the Department of Commerce and International Trade Commission in Washington, the European Commission and Council in Brussels, DECOM in Brasilia, UPCI in Mexico City and MOFCOM in Beijing.
Our lawyers show clients how to receive financial assistance from their governments while minimizing the risks of adverse subsidy proceedings. When controversies over alleged illegal subsidies do arise – such as countervailing duty proceedings, EU trade barrier regulation proceedings, or WTO dispute settlement proceedings – Mayer Brown gives private sector clients and governments effective support and guidance.
Safeguards
Although safeguard actions remain the exception, providing industries such as steel an textile products with relief from increasing but fairly priced imports, we can help clients avert or cope with them as needed.
Section 301 and EU Trade Barrier Regulation
Our trade group helps clients bring or defend against two key types of trade rights violation complaints: Section 301 proceedings before the US Trade Representative and EU Trade Barrier Regulation proceedings before the European Commission. We also help clients work for improved product and service market access using rights and procedures under EU or EU Member State treaties.
Trade Remedy Experience
- Representation of US, Japanese, German, French, Finnish, Malaysian and other exporters in numerous Chinese anti-dumping investigations involving products such as chloroform (leading to a favorable settlement agreement), silicone (resulting in the lowest duties imposed against any exporter), and paper (resulting in the exclusion of the products exported)
- Representation of Chinese exporters of silicon metal and their US importers in anti-dumping proceedings that lowered a duty of 139 percent, which had stood for more than 15 years, to less than 8 percent
- Representation of US manufacturers in various Mexican anti-dumping investigations, including ones on newsprint and line pipe, which resulted in no duties
- Successful representation of several US manufacturers in Section 201 (safeguard) proceedings concerning imports of cold-finished steel bar and semi-finished steel products
- Representation of Russian fertilizer and chemical manufacturers in EC anti-dumping investigations involving potassium chloride, ammonium nitrate and UAN solutions (all of which resulted in favorable price undertakings), as well as urea, carbon black and silicon carbide (in which the investigations were terminated)
- Representation of US and Argentine manufacturers in a Brazilian anti-dumping investigation of PET resin and the ensuing WTO dispute settlement challenge, which resulted in removal of the duty
- Representation of Philippine cement manufacturers in the first safeguard investigation in that country, which led to significant duties protecting the local industry from imports of gray portland cement and clinker
- Representation of a large sports brand and seven suppliers in China and Vietnam in the EC anti-dumping proceeding concerning leather footwear, which resulted in the complete exclusion of special athletic footwear
- Representation of Korean shipbuilders in the EC Trade Barrier Regulation investigation and subsequent WTO dispute settlement proceedings involving alleged subsidization of the shipbuilding industry, which resulted in a finding of virtually no subsidization
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Trade Compliance
The 9/11 terrorist attacks, the Enron scandal in the United States, and the Parmelat scandal in Europe, have increased the importance of national security and corporate compliance concerns that involve international trade laws and regulations. Our team ensures that clients conduct their global operations in compliance with applicable laws governing international trade in goods, services, technology and capital. That includes advice on customs, export controls, sanctions and embargoes, Foreign Corrupt Practices Act and national security restrictions on investment.
Our team helps clients integrate immediate- and long-term perspectives on international trade compliance, as we offer guidance on the interplay among laws that regulate international business. This integrated approach reflects our global practice and helps clients assure compliance in multiple jurisdictions.
Customs Compliance
We understand the unique customs concerns of manufacturers, distributors, exporters, importers and their agents across a wide spectrum of raw materials and finished goods, and a full range of customs issues in many countries. Our customs compliance services include:
- Advising on tariff classification, rules of origin, origin markings and customs valuation under the customs laws of the United States, the European Union and other countries
- Obtaining favorable tariff classification, origin and valuation rulings from national authorities and the WCO
- Litigating customs disputes before administrative panels and courts of law in the US, the EU and European member states
- Helping clients optimize global sourcing options by taking advantage of foreign trade zones, duty suspensions, bilateral and multilateral free trade agreements and other trade preference programs
- Assisting clients with customs audits, focused assessments, CT-PAT and other US and European customs initiatives
- Resolving exporters’ disputes with customs authorities, particularly in China, Southeast Asia and Latin America
Export Controls and Sanctions Programs
We help clients comply with US and EU restrictions on exports and re-exports of goods, software and technology. That includes commercial, dual-use and military controls, controls on “deemed exports,” and restrictions on dealings with embargoed and sanctioned countries and trading partners. Because we are in frequent contact with export control and embargo regulators, our team understands how agencies may interpret and enforce regulations in specific circumstances. Our work includes:
- Developing and implementing internal compliance programs to reduce the risk of export control and sanctions violations by establishing compliance policies, internal training programs, compliance certification instruments and internal auditor evaluations of export control and sanctions compliance measures
- Advising on particular export, re-export and investment transactions to ensure compliance with applicable controls and sanctions
- Filing and facilitating export license, commodity classification and embargo license applications
- Representing clients in regulatory proceedings and enforcement actions brought under voluntary disclosures to, and penalty actions by, such agencies as the US Department of Commerce, the US Department of State, the US Department of the Treasury and the European Commission
- Advising on mergers and acquisitions of companies engaged in export business or international projects by helping clients perform effective due diligence on the compliance history and internal compliance processes of target companies and integrating the acquired business into our clients’ compliance programs
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Foreign Corrupt Practices Act (FCPA) and Anti-Corruption Laws
Mayer Brown’s global trade and securities/regulatory enforcement lawyers collaborate to help clients (including both US and non-US issuers of securities in the United States) comply with the anti-bribery provisions and the accounting provisions of the FCPA. We also use our global presence to advise on compliance with the anti-corruption laws of other countries. That means such help as:
- Advising on the development, implementation and evaluation of corporate compliance programs to prevent violations and mitigate potential penalties if a violation occurs
- Conducting FCPA compliance training for personnel around the world
- Performing FCPA due diligence in mergers and acquisitions
- Counseling on the FCPA compliance of foreign agents, consultants, representatives and joint venture partners
- Conducting internal investigations of possible FCPA violations
- Representing clients in FCPA enforcement proceedings
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National Security Restrictions on Investment
We assist clients in the United States and other countries to deal with US national security restrictions on foreign acquisitions in the United States. Our lawyers understand the full range of these restrictions as they arise under the Exon-Florio Amendment of the Defense Production Act of 1950 and under the National Industrial Security Program of the US Department of Defense, which enables us to provide clients with assistance such as:
- Helping to assess whether prospective transactions raise national security issues
- Advising on how to structure transactions to mitigate national security concerns while achieving business objectives
- Implementing all phases of regulatory clearance under Exon-Florio review procedures: notifying the Committee on Foreign Investment in the United States (“CFIUS”); negotiating mitigation agreements to satisfy CFIUS concerns; preparing Special Security Agreements and related documents to meet the requirements of the National Industrial Security Program; and establishing compliance plans to govern classified facilities and technologies
- Helping to anticipate and address government relations and public relations issues that may complicate the successful completion of the regulatory review process
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Trade Compliance Experience
- Helping a US manufacturer of consumer products achieve production and distribution efficiencies under the preferential trade agreements between the EU and Euromed countries, and among certain Euromed and African countries
- Analyzing a large US services company’s export control responsibilities in a major outsourcing project that involved exporting encryption software to India
- Representing a US natural resources firm in a voluntary disclosure of millions of dollars in exports made in violation of US export controls, which resulted in a warning letter from US authorities but no monetary penalty
- Convincing the WCO, on behalf of a client whose product was classified under various tariff numbers around the world, to change the global harmonized tariff schedule in order to eliminate variances in classification across different countries
- Helping a leading pharmaceutical manufacturer dispose of one of its business units by determining the export controls applicable to its disclosure of technical information and applying for export licenses to transfer the technology
- Handling customs litigation in several EU Member States to resolve different interpretations of EU and WCO tariff wording that defined post-clearance recovery of customs duties relating to the reclassification of products
- Acting on behalf of an Iranian human rights advocate to persuade OFAC (the US agency that administers the US embargo against Iran) to revise its restrictions on Americans to edit and market writings by Iranian nationals
- Helping a client save millions of dollars in customs duties by establishing a series of foreign trade zones (“FTZ”) around the United States
- Representing a leading international chemicals firm in an SEC investigation of possible FCPA violations in Argentina, which resulted in the SEC’s decision not to pursue the matter
- Helping an international consumer products company to ensure that its engagement of foreign representatives around the world complies with the FCPA
- Advising a leading French investment firm in the national security review of its acquisition of a US cargo handling and airport ground services company
- Representing an EU customs agent in a fraud investigation by the OLAF, the European fraud agency
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International Litigation and Dispute Settlement
When negotiation and diplomacy fail to open markets or change unfair trade practices, Mayer Brown helps companies, governments and associations pursue effective international litigation and dispute settlement strategies. Our team understands the international institutions, practices and precedents that govern the often complex international litigation and dispute settlement process. We adapt trial techniques for the effective presentation of fact-intensive controversies in venues that include:
- WTO
- ICC Court of International Arbitration
- London Court of International Arbitration
- International Centre for the Settlement of Investment Disputes
- Court of Arbitration for Sport
- Stockholm Chamber of Commerce
- Singapore International Arbitration Centre
- International Centre for Dispute Resolution of the American Arbitration Association
- North American Free Trade Agreement
- United States Court of International Trade
- United States Court of Appeals for the Federal Circuit
- Supreme Court of the United States
- European Court of First Instance
- European Court of Justice
International Litigation and Dispute Settlement Experience
- Represented a large Japanese ball bearing manufacturer in the first appeal for annulment of a definitive anti-dumping duty ever heard by the European Court of First Instance, which resulted in the court invalidating the duty for manifest error in the assessment of injury
- Represented the US government in the first challenge of anti-dumping duties brought before the WTO. The appeal before the WTO’s Appellate Body resulted in numerous findings sought by the United States
- Represented several US producers of steel fittings and flanges in a successful challenge before the US Court of International Trade to alteration of country-of-origin marking regulations that would have effectively restricted foreign sourcing of certain intermediate materials
- Represented the Government of Korea before the WTO in a challenge by the EU alleging subsidization of the Korean shipbuilding industry. In a panel finding that largely rejected the EU’s allegations, the WTO found that the corporate restructuring carried out by Korea during the Asia crisis occurred on arm’s-length conditions and did not constitute subsidization. Additionally, we represented the Government of Korea before the WTO in a challenge of unilateral retaliation through subsidization of the EU shipbuilding industry. The WTO panel confirmed that the EU acted unilaterally in violation of WTO provisions by granting subsidies to EU shipbuilders without awaiting a WTO finding on the allegation of subsidization in Korea.
- Represented a US manufacturer of printers in arbitration before the Conseil de Conciliation et d’Expertise Douanière (“CCED”) for dispute settle¬ment and customs expertise, which upheld our client’s views on the proper classification of a printer, terminating the dispute with French Customs
- Represented the largest exporter of Chinese crawfish tailmeat in a US Court of International Trade challenge of a US Department of Commerce anti-dumping ruling on issue of affiliation. We were successful in getting the court to overturn the US Department of Commerce’s decision and the client’s anti-dumping rate was lowered from the PRC-wide rate to less than 3 percent.
- Represented a French distributor in arbitration before the CCED against the French Customs on the origin determination of bicycles, which resulted in our client’s views being upheld, but currently in litigation before the French courts upon an appeal by French Customs
- Ongoing litigation before German, French, Spanish, Italian, Portuguese and Turkish customs and tax courts regarding the classification of plasma displays and camcorders
- Obtained a critically important stay, together with other complainants, of a limited exclusion order covering certain handheld wireless devices in a Section 337 action before the US International Trade Commission
- Persuaded the US Court of Appeals for the Federal Circuit to overturn a lower court decision precluding the US Department of Commerce from “collapsing” (i.e., treating affiliated companies as a single entity) for purposes of calculating an anti-dumping duty
- Represented US rice growers in a WTO challenge of Mexican anti-dumping duties. The challenge led to withdrawal of the duties by Mexico
- Ongoing representation of a Ukrainian manufacturer of seamless pipes and tubes before the European Court of First Instance in the appeal of a definitive anti-dumping duty
- Representation of one of the largest Canadian lumber companies before a NAFTA Chapter 19 Panel in the appeal of a final determination in a US anti-dumping duty investigation of softwood lumber from Canada
- Representation of a large Korean steel company in an appeal before the US Court of Appeals for the Federal Circuit of a decision by the US Court of International Trade that affirmed a finding of dumping with respect to certain cold-rolled and corrosion-resistant carbon steel plate
- Represented the Government of Argentina before the WTO in a challenge of a Brazilian anti-dumping duty on PET resin that resulted in removal of the duty
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ITC Section 337 Investigations
We have represented complainants, respondents and interested third parties in Section 337 investigations. These proceedings have included telecommunications carriers as well as manufacturers of fiber-optic communication systems, nutritional supplements, high intensity sweeteners, acetic acid, personal computers, medical devices, ground fault circuit interrupters, tissue, automobile parts and laminate flooring. Our patent lawyers provide valuable experience and technical knowledge in numerous fields, including medical device technologies, biotechnology, pharmaceutical, chemistry, life sciences, electrical and mechanical engineering, telecommunications, computer hardware and software, and related manufacturing processes. In addition, we have successfully defended our clients against claims of patent, trademark and copyright infringement, unfair competition, false advertising, trade secret misappropriation and antitrust violations. Additional information on our ITC Section 337 capabilities can be found here.
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World Trade Organization
The lawyers and professionals in our World Trade Organization (WTO) practice advise governments and corporate clients on the full range of WTO rules that regulate trade in goods, services, and intellectual property. We have hands-on and in-depth experience with WTO dispute settlement proceedings, multilateral and bilateral trade negotiations, WTO accession, strategic trade and customs advice, and market access strategies.
The members of our WTO team have literally been in the room when some of the most important and complex trade negotiations and disputes of the past quarter century have taken place. For example, our lawyers prepared the submissions and presented the oral arguments in many of the first cases to appear before WTO panels and the Appellate Body. Members of our WTO team also played a crucial role in launching both the Uruguay and the Doha Rounds of multilateral trade negotiations. And several of our lawyers and professionals were party to the discussions when trade ministers met in Seattle, Cancun, and Hong Kong.
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WTO Dispute Settlement
Our lawyers have extensive experience with WTO dispute settlement proceedings. This experience spans the full range of international commitments and obligations covered by the WTO, including the Agreement on Subsidies and Countervailing Measures, the Agreement on Technical Barriers to Trade, the Agreement on Sanitary and Phytosanitary Standards, the Agreement on Agriculture, the Agreement on Customs Valuation, the Agreement on Safeguards, and the Anti-dumping Agreement.
WTO Dispute Settlement Experience
- Brazil – Definitive Antidumping Measure on Polyethylene Terephthalate Resins from Argentina (DS355). Resulted in settlement favorable to our client.
- European Communities – Measures Affecting Trade in Commercial Vessels (DS301). Won on all grounds.
- Guatemala – Anti-dumping Investigation Regarding Imports of Portland Cement from Mexico (DS60). Won appeal on all issues.
- Korea – Measures Affecting Trade in Commercial Vessels (DS273). Won on all grounds.
- Mexico – Definitive Anti-dumping Measures on Beef and Rice (DS295). Won on all major issues.
- United States – Anti-Dumping duties on DRAMs from Korea (DS99). Won on all major issues.
- United States – Preliminary Countervailing Duty Determination With Respect to Certain Softwood Lumber from Canada (DS236). Won two of six issues at panel stage; no appeal.
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Market Access and Strategic Counseling
The rules-based trading system administered by the WTO has reduced, and in many cases eliminated, long-standing trade barriers. Trade in goods, services, and intellectual property has exploded as tariffs, quotas, and other traditional forms of market protection have been reduced, disciplined, or eliminated. But at the same time that trade has liberalized, governments have adopted new and less obvious measures to protect their domestic industries from import competition.
Technical product regulations, sanitary and phytosanitary standards, licensing schemes, and erratic customs valuation mechanisms are just a few of the hurdles often faced by companies as they try to “globalize.” Understanding these measures and being able to assess whether they violate the relevant WTO rules requires legal insight. What one does with this knowledge requires business and political acumen. It requires an understanding and deep appreciation of the local institutions and decision-makers. Using our business and legal insight, and access to decision-makers in capitals around the world, we help our clients identify promising foreign markets and develop entry strategies that overcome market obstacles.
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Trade Negotiations and WTO Accession
Members of our WTO team have advised numerous governments on various aspects of their accession to the WTO. For example, we have been under contract to the European Commission to provide technical assistance to the Russian Federation on its efforts to join the WTO. As noted previously, various lawyers and professionals in our group have also been engaged by governments around the world (e.g., Jamaica and Jordan) to provide training and advice on compliance with WTO obligations. In some cases, our government clients have engaged us to actually draft various sections of their national trade laws.
Lastly, our lawyers have extensive experience with multilateral and bilateral trade negotiations, both from their time in private practice and their time working in government. At present, we are closely monitoring progress in the Doha Round of multilateral trade negotiations. On behalf of governments and corporate clients, we provide analysis, we strategize, and we communicate our clients’ interests and concerns to key third parties (e.g., the WTO Secretariat, the various EU institutions and EU Member States, the US Trade Representative, members of the US Congress, the US Departments of Treasury and Commerce, and the White House).
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