The international trade practice is an important element of the firm's international capability. The practice has three complementary areas of focus:

• U.S. Regulation of Exports and Financial Transactions
• U.S. Regulation of Imports, Including Import Relief Proceedings
• Trade Advocacy on Behalf of Governments, Chambers of Commerce and Business Groups

Our clients include U.S. and non-U.S. companies in a wide variety of industries, from technology companies in the computer, software, telecommunications, biotechnology, satellite and defense sectors, to manufacturers in more traditional sectors such as chemicals, natural resources, food products, machine tools and other industrial products. Our clients also include private organizations and academic institutions.

Examples of Matters
In the area of export and financial controls, International Trade Group lawyers regularly advise clients on the full range of applicable compliance issues and procedures, including:

• Classification of complicated goods, software, services and technology under the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR)
• Compliance with the export and reexport rules of the EAR and the ITAR, including obtaining licenses where necessary and in respect of sophisticated items destined for sensitive countries and regions
• Sector-specific export controls (e.g., proliferation of nuclear, chemical, biological and missile technology)
• Complicated regulatory regimes such as encryption, technology controls and the fundamental research rule
• Deemed exports of technology resulting from the hiring of foreign nationals in the U.S. or foreign national visits to U.S. facilities
• Merger and acquisition due diligence reviews regarding export controls, sanctions and other regulatory matters
• Exon-Florio controls on foreign acquisitions of U.S. companies
• Intracompany electronic transfers of technology across borders
• Anti-boycott regulations
• Foreign Corrupt Practices Act (FCPA)
• USA Patriot Act and anti-money laundering controls
• Industrial security, and foreign ownership, control and influence issues under the NISPOM
• U.S. government compliance audits

Representative Engagements

• Advice and assistance, including training, to several major U.S. corporations with global operations on all aspects of export compliance
• Advice and assistance to prominent U.S. food products companies on doing business in Cuba, Iran and Sudan under U.S. Treasury Department and Commerce Department licenses
• Advice to a major U.S. international petroleum company on a range of specific issues arising under the Foreign Corrupt Practices Act in connection with its business activities in West Africa
• Advice and assistance to a major U.S. international insurance and reinsurance company on compliance with U.S. economic sanctions regulations as administered by the Office of Foreign Assets Control (OFAC)
• Advice and assistance to a diversified U.S. conglomerate on compliance issues, including investigations by the Justice Department on compliance issues arising under the Export Administration Regulations and OFAC regulations, and advice and assistance on a myriad of NAFTA issues relating to its imports

Systems Reviews/Audits
Our representative experience with due diligence and systems reviews includes:

• Due diligence review of the FCPA and export control compliance programs of a large aircraft part supplier in connection with its acquisition by another company. The FCPA project included sales agent reviews in Pakistan, South Korea, Hong Kong, China, Brazil and Italy, and a detailed inspection of the company's books and records. The export control project involved a review of the company's procedures related to compliance with the EAR, ITAR, the sanctions administered by the Office of Foreign Assets Controls and the antiboycott regulations, an analysis of export controls in the order processing system and an inspection of transactions to determine whether the company had engaged in transactions with prohibited parties or involving prohibited countries.

Enforcement Defense
Our representative experience in defending clients against enforcement actions includes the following representations:

• Obtaining a favorable resolution of an enforcement case involving exports and reexports of EAR-controlled items by a U.S. telecommunications company
• Obtaining a successful settlement for a large U.S. manufacturer of GPS equipment in connection with voluntary disclosure of potential violations of the ITAR
• Obtaining a favorable settlement for a large aerospace company in the voluntary disclosure to the State Department of a number of exports/reexports of hardware and/or technology to various foreign locations
• Obtaining a favorable resolution in connection with a Canadian company's voluntary disclosure to the State Department of unauthorized reexports of U.S. Inertial Measurement Units to various foreign destinations
• Obtaining a favorable settlement of criminal and civil administrative charges with the Justice and State Departments for alleged disclosure of missile technology to China by U.S. aeronautics and aerospace companies
• Obtaining a favorable result for a U.S. electronics company in voluntary disclosure to State Department of exports of technology for components of airborne Radar and airborne ECCM systems to Israel
• Defending a U.S. manufacturing company in connection with a voluntary disclosure to the Commerce Department concerning boycott-related statements made in connection with sales by a foreign subsidiary

U.S. Regulation of Imports and Trade Litigation
Our international trade lawyers routinely provide advice and guidance to clients on the full spectrum of regulatory issues relating to imports. The group has extensive trade litigation experience, including providing advice with respect to import relief proceedings before the U.S. Department of Commerce, the U.S. International Trade Commission, the Office of the United States Trade Representative, the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit. Our lawyers have handled cases involving a wide range of industries, including computers, steel, ferroalloys, nonferrous metals, forest products, LNG, chemicals, electronic equipment and consumer electronic products, construction materials and various industrial products. The geographic areas involved in these actions include most major trading countries.

Our international trade lawyers also regularly counsel clients with respect to potential and existing trade actions and the market and business implications of potential and existing actions, including advice to clients who are evaluating possible trade actions, developing defensive strategies, or pursuing other business objectives affected by import competition or trade litigation. We also have experience in addressing circumvention of antidumping and countervailing duty orders and potential customs fraud.

Examples of Matters

• Classification of complex products, software and technology under the Harmonized Tariff System
• Customs valuation, entry and duty drawback
• Rules of origin
• Imports under beneficial tariff programs (e.g., NAFTA and the Generalized System of Preferences)
• Foreign Trade Zone (FTZ) transactions
• Tariff relief through the Miscellaneous Trade Bill (MTB) process
• Customs-Trade Partnership Against Terrorism (C-TPAT)
• Importer Self-Assessment (ISA) Program
• Customs investigations and audits
• Customs seizures
• Antidumping and countervailing duty actions
• Other import relief proceedings
• Anticircumvention investigations
• Trade negotiations

Representative Engagements

• Non-U.S. producer of cellulosic specialty products – representation in an antidumping case before the U.S. Department of Commerce and International Trade Commission
• Mexican steel company – representation in a recently concluded antidumping case before the U.S. Department of Commerce and International Trade Commission
• Large U.S. corporation – assistance to secure admission to the ISA program; as part of this representation, we have counseled the company in connection with the upgrade of its import compliance procedures, including its procedures for (i) classifying thousands of imported aircraft parts and components, (ii) properly valuing imported merchandise, (iii) determining eligibility under Chapter 9801 and Chapter 9802 of the HTS and other preferential programs such as NAFTA, (iv) ensuring that antidumping duties are correctly taken into account and (v) reviewing and enhancing FTZ compliance procedures
• Major U.S. apparel company – advice with respect to its customs compliance procedures, including its procedures for determining country of origin, valuation, classification and eligibility under NAFTA
• U.S. integrated energy company – advice with respect to the rules of origin under NAFTA relative to hydrocarbons
• Large U.S. communications company – counseling regarding the classification of its products under the HTS

Trade Advocacy
Baker Botts represents foreign governments, chambers of commerce and business groups in advocating and negotiating trade and other agreements with the United States government. We assist our clients in raising awareness with leaders in the U.S. Congress and Executive Branch, building coalitions of U.S. corporate and political organizations that will actively support the client's trade agenda, facilitating closer relationships with key U.S. government officials who affect trade policy, advocating specific trade policy goals and agreements that benefit both countries, advising our clients on negotiating strategies and, if so requested, negotiating the detailed terms of certain trade agreements and policies.

We represent our clients before officials in the White House, the Office of the U.S. Trade Representative, the U.S. Department of Commerce (including both the International Trade Administration and the Bureau of Industry and Security), the U.S. State Department, and U.S. Senate and House of Representatives committees with jurisdiction over trade, appropriations and international relations, as well as other relevant executive and legislative branch offices.

Examples of Matters

• Representation of publicly and privately held companies in creating and implementing government relations strategies relating to revised tariff structures being developed for implementation by emerging regional economic blocks
• Representation of non-U.S. businesses seeking to acquire U.S. companies dealing with national security-related commodities in Exon-Florio proceedings before CFIUS
• Advice to U.S. and non-U.S. clients regarding the effect of treaties (e.g., trade, investment, tax, environment) on private commercial activity
• Advice and assistance to clients in the use of dispute resolution mechanisms established by treaty to resolve international trade disputes (e.g., ICSID, NAFTA, WTO, bilateral investment treaties, ad hoc tribunals)

Recent Representative Engagements

• Major Korean corporations – advice on USTR activities and arrangement of meetings with U.S. Congressional leaders to develop support for clients' trade agenda
• National U.S.-Arab Chamber of Commerce – service as general counsel for this leading bi-regional chamber of commerce that promotes increased trade and investment, including promoting U.S. policies that foster trade and investment between the U.S. and another regional group of countries
• One of the world's largest non-U.S. steel companies – advice regarding U.S. steel trade policy