Baker & Daniels' attorneys are committed to assisting clients faced with legal issues relating to the domestic and international transportation of goods, services, data, and currency. We regularly counsel public and private companies on compliance with trade regulations, including import regulations and export controls and other aspects of international business such as the establishment of joint ventures and foreign subsidiaries, contract manufacturing, licensing transactions, distribution and sales representative agreements.
Experience
- Counseling a manufacturer of computer controlled agricultural feeding equipment on clearance of agricultural equipment exports to Russia, Libya, Cuba embargo and Iraq licensing.
- Counseling a manufacturer of software and hardware systems for the avionics industry on deemed exports to Chinese and Belarusian nationals. Also represented company in commodity jurisdiction request for commercial technology with potential future military applications (virtual/enhanced sensory equipment for air traffic control towers).
- Counseling transmission manufacturing company on the proper classification of inputs under the Harmonized Tariff Schedule of the United States, anti-dumping/countervailing duties, product markings, international trade agreements, compliance with trade regulations, and methods for companies to save on import duties (i.e. drawbacks, foreign trade zones, bonded warehouses).
- Counseling a German entity in establishing its $530 million operational plant in Indiana as a manufacturing foreign trade sub zone where it can import equipment and parts to its Indiana plant for manufacturing and distribution duty free or duty deferred.
- Counseling an Asian auto components manufacturer on matters related to export of items, technology and services and deemed export of technology to the parent company.
- Counseling and representing a Fortune 50 chemical company before Bureau of Industry and Security, Department of State and Office of Foreign Asset Controls on all export issues of 'dual use' goods under Bureau of Industry and Security and International Traffic in Arms Regulations items, including adoption and implementation of company wide compliance program.
- Counseling the manufacturer of mass spectrometers on classification and licensing export of mass spectrometers to various destinations and representing this manufacturer with the Bureau of Industry Security and Department of State.
- Counseling a manufacturer of commercial and military vehicles on export issues relating to 'dual-use' and defense articles under Export Administration Regulations and International Traffic in Arms Regulations, including adoption and implementation of company wide compliance program, applicability of Directorate of Defense Trade Controls registration requirements to suppliers, applicability of licensing requirements to foreign national employees in U.S. (deemed exports, etc.); drafting and review of Technical Assistance Agreements, Warehouse Agreements and Manufacturing License Agreements; drafting and review of sales representative, distribution, and flees sales agreements to foreign governments relating to controlled items and articles; conducting internal audit for purposes of defending investigation of U.S. Department of Justice relating to alleged violations of Foreign Corrupt Practices Act.
- Counseling U.S. construction company on compliance issues relating to its operations in the U.A.E., Libya, Egypt and Oman; conducting internal audit for purposes of self-disclosure to BIS and IRS on failure relating to possible violations of anti-boycott regulations and tax code.