’s International Trade attorneys provide guidance and counsel on the full array of import and export issues that impact clients’ movements of goods, technology and services from one country to another. One company’s export is another company’s import, and Polsinelli
provides a “one-stop shop” to support and bolster clients’ expansions into the global marketplace. Polsinelli
’s goal is to provide companies with the tools and information they need to seamlessly and profitably market their products and services in international markets.
attorneys make the complex web of international trade rules understandable and workable. Working with clients as a strategic partner, Polsinelli
designs and implements import and export compliance policies, and provides counseling, auditing and compliance training to mitigate the risk of potential violations. Polsinelli
’s attorneys identify duty and cost-saving opportunities for clients, and work with them to take full advantage of those bottom line-boosting benefits. When import or export compliance issues arise, Polsinelli
assists companies in taking the necessary corrective actions and provides representation through all phases of enforcement actions. The firm has represented clients during audits and investigations by federal government agencies that include U.S. Customs and Border Protection, the Commerce Department’s Bureau of Industry and Security (BIS
), the Treasury Department’s Office of Foreign Assets Control (OFAC
), and the State Department’s Directorate of Defense Trade Controls (DDTC
Export Controls and Economic Sanctions
- Polsinelli assists clients in determining the proper tariff classifications, valuation, duties and fees as well as the country of origin and marking of their imported products.
- Polsinelli’s attorneys work with clients in exploring and taking full advantage cost and duty-savings programs, such as duty drawback, foreign trade zones, bonded warehouses, and the importation of products under free trade agreements and special trade programs.
- The firm counsels companies on the import and customs clearance requirements of non-US jurisdictions.
- Polsinelli guides companies undergoing audits and focused assessments, and provides assistance in responding to requests for information, notices of action, penalty notices, claims of liquidated damages, detentions, seizures and forfeitures.
- Polsinelli’s attorneys also counsel clients in antidumping and countervailing duty laws, Sections 201, 301 and 337 of the Tariff Act, and other trade remedies.
- The firm routinely provides in-house customs compliance training, perform internal customs compliance assessments, and assists companies in filing post-entry amendments, protests and prior disclosures when warranted.
Other Government Agency Requirements
- Export control services include advice and counsel on the requirements of the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), Foreign Assets Control Regulations (FACR), and the Foreign Trade Regulations.
- The firm assists clients in determining the proper commodity jurisdiction of their products, software and technology/technical data, as well as their classifications under the Commerce Control List, U.S. Munitions List and Schedule B Code.
- Polsinelli’s attorneys determine the applicable export and reexport licensing requirements for companies’ products and technology/technical data, assess whether any license exceptions or exemptions or available, and assist companies in obtaining the requisite government authorizations.
- Polsinelli assists companies in ensuring that their proposed shipments and technology transfers are subject to effective end-use, diversion risk (“red flag”), restricted parties list, and embargoed country screening protocols, and works with them to establish and rollout effective screening mechanisms.
- The firm works with companies to navigate the often complex embargo and economic sanctions programs of the United States and other countries in which they do business.
- Polsinelli conducts internal technology reviews for companies, and provides guidance in issues relating to deemed exports and transfers of technical data to foreign national employees.
- The firm assists clients in ensuring proper export clearance and Automated Export System (AES) compliance, as well as analyzes their AES data in order to assess compliance risks, evaluate third party service provider compliance levels, and identify additional cost-saving opportunities.
- Polsinelli’s attorneys advise companies on the export and customs clearance requirements of non-US jurisdictions.
- The firm also counsels companies on the intricate U.S. antiboycott regulations, and assists in the timely submission of reportable foreign boycott-related requests to the Office of Antiboycott Compliance.
- Polsinelli routinely provides in-house export compliance training, conducts internal export compliance assessments, and assists companies in the preparation and submission of voluntary disclosures, when warranted.
- Polsinelli assesses target companies’ potential import and export liability as part of due diligence investigations in proposed mergers, acquisitions and divestitures.
- The firm represents clients through all stages of export enforcement actions, including detentions, seizures, forfeitures, administrative subpoenas and penalty cases.
In addition to the agencies referenced above, Polsinelli
also advises on other federal government agency requirements that impact imports and exports, including:
- Federal Trade Commission
- Consumer Product Safety Commission
- Fish & Wildlife
- Bureau of Alcohol
- Tobacco, Firearms and Explosives
- Federal Communications Commission
- Department of Energy
- Nuclear Regulatory Commission
- U.S. Department of Agriculture
- Food and Drug Administration
- Environmental Protection Agency
- Department of Transportation