International Trade and Investment Regulation
In today's economy, international borders present both opportunities and challenges. Miles & Stockbridge’s international trade and investment practice counsels and defends clients on a full spectrum of issues.
We advise companies navigating complex and dynamic U.S. laws and regulations governing economic sanctions, export controls, customs and investment reviews by the Committee on Foreign Investment in the United States (CFIUS). With our particular focus on middle-market companies, our trade lawyers provide practical advice tailored to each client’s specific business situation.
Export Controls
We advise clients on evolving regulations governing the export and re-export of goods, software, technology and services under the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), the Atomic Energy Act (AEA) and other regulatory regimes. We support the building of export compliance programs, classifying and licensing products and activities, conducting internal investigations (and, where needed, preparing voluntary disclosures), responding to enforcement actions by the government and assessing export compliance in corporate transactions.
Our team advises and has defended clients in connection with U.S. antiboycott laws and regulations, helping clients navigate restrictions and reporting requirements for their business operations across the world, particularly in the Middle East and Asia.
Our team has supported the export needs of a diverse range of clients, including companies in the aerospace and satellite, defense, industrial products, pharmaceutical and medical device, telecommunications and software and technology sectors.
Economic Sanctions
We counsel on compliance with dynamic economic sanctions programs administered by the Office of Foreign Assets Control (OFAC) and the U.S. Department of State. These include comprehensive trade embargoes, targeted restrictions on certain activities and specific prohibitions on transactions with designated entities and individuals. We have extensive experience enabling U.S. and international companies to navigate big changes in sanctions regimes, including those related to Iran, Cuba, and Russia. Our team has effectively supported clients in a broad range of industries.
Customs and Import Restrictions
Tariffs have taken on increased importance recently, and Miles & Stockbridge’s trade practice provides timely advice on many different customs issues in a constantly changing international trade landscape. When clients need to evaluate and adjust their supply chains to reduce risk and maximize value, the Miles & Stockbridge team monitors and tracks the latest changes in U.S. tariffs and analyzes tariff policy. We also assist U.S. companies in reassessing customs compliance programs to meet the U.S. Customs’ informed compliance standards or, when needed, standing up a new compliance program.
Our team also advises on product classification under the Harmonized Tariff Schedule, the correct valuation of imported products, antidumping and countervailing duties (AD/CVD), determining the proper country-of-origin, the admissibility of gray market goods and prior disclosures.
Congress has imposed significant import controls under the Uyghur Force Labor Prevention Act (UFLPA), and we are advising clients in their efforts to prevent products of forced labor from entering their supply chains.
Committee on Foreign Investment in the United States (CFIUS) Investment Screening
We regularly represent companies whose investment and merger and acquisition efforts may face review by the Committee on Foreign Investment in the United States (CFIUS). Our trade lawyers help clients navigate the CFIUS process, preparing joint filings and assessing what transactions are likely to trigger interest from CFIUS.
Because CFIUS jurisdiction depends heavily on export control classifications in many instances, as well as classified government contracts, our export control and government contract expertise helps clients understand the likely CFIUS focus and demystify the CFIUS “black box.”
On the outbound side, our industry and national security experience enables us to provide critical advice to companies navigating the Treasury Department’s new outbound investment screening regime for technology companies.
