Operating in the global economy means that international transactions are of increasing importance to most businesses, but national borders remain a critical feature of the legal landscape. Goods coming into the US, whether finished products or out-sourced inputs, must comply with Customs regulations and duties. Outbound transactions must comply with export controls on goods or technology that could be used against US national interests, and US trade sanctions and other restrictions on certain countries.
Hunton & Williams LLP has experience across a wide variety of industries in assisting clients with the legal requirements for imports and exports across US borders, and the resulting host of compliance requirements. We seek to assist clients in both meeting those requirements, as well as integrating them into the client's international business strategy. In addition, the legal rules for imports and exports can give rise to significant enforcement proceedings, including efforts to impose substantial penalties or other sanctions. Hunton & Williams brings a wealth of experience and other resources, such as sophisticated electronic discovery tools, to bear on regulatory or judicial proceedings arising from import or export enforcement. Counseling or enforcement matters have included:
- Classification of goods, and application of country of origin rules, for purposes of determining import duties or quotas under the US Harmonized Tariff System.
- Country of origin making requirements, and related "Made in USA" labeling requirements administered by the Federal Trade Commission.
- Refunds of duties via "duty drawback" on exported goods.
- Export controls and licensing requirements under the Export Administration Regulations administered by the Bureau of Industry and Security of the Dept. of Commerce, and the International Traffic in Arms Regulations administered by the Directorate of Defense Trade Controls of Dept. of State.
- "Deemed exports" arising from disclosure of controlled technology or software to foreign nationals, either in the US or abroad.
- Trade and economic sanctions administered by the Office of Foreign Assets Control of the Dept. of the Treasury.
- Foreign Corrupt Practices Act and US Anti-Boycott Requirements.