International Trade Lawyer
Each International Trade Lawyer at Oberheiden P.C. has Extensive Experience Advising Clients on High-Stakes Import, Export, and Trade Sanctions Matters
International Trade Team Lead
Former DOJ Trial Attorney
International Trade Team
Former HSI Special Agent
While the economic impacts of the COVID-19 pandemic slowed international trade in 2020, recent data suggest that global business is once again booming. While the total value of U.S. exports dipped slightly during the first full year of the pandemic, in 2021 it increased by nearly 20% over its 2019 level. The United Nations Conference on Trade and Development (UNCTAD) also reported that global trade hit a record high of $28.5 trillion in 2021—though it forecasted correctly that economic pressures would prevent 2022 from being another record year.
Even so, today, international trade remains poised for long-term growth, and this is true across virtually all segments of the industry. But, with growth comes responsibility; and, as companies expand their global business operations—or enter the global market—they must be careful to ensure that they are adequately addressing all requisite areas of compliance.
At Oberheiden P.C., our lawyers represent companies in all aspects of international trade compliance. We also represent companies in matters involving the enforcement of U.S. import/export laws and trade sanctions. From the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) to the numerous relevant provisions of the U.S. Code, we provide compliance representation for companies subject to all sources of federal authority, and we provide representation for both enforcement and non-enforcement matters involving:
- Bureau of Industry and Security (BIS)
- Committee on Foreign Investment in the United States (CFIUS)
- Customs & Border Protection (CBP)
- Directorate of Defense Trade Controls (DDTC)
- Office of Foreign Assets Control (OFAC)
- U.S. Department of Commerce (DOC)
- U.S. Department of Defense (DOD)
- U.S. Department of Homeland Security (DHS)
- U.S. Department of Justice (DOJ)
- U.S. International Trade Commission (ITC)
Our international trade lawyers are able to assist companies with overseas import, export, and sanctions matters as well. Whether directly or through local counsel, we ensure that our clients have a comprehensive understanding of their responsibilities and all pertinent laws and customs. We then work alongside our clients to help them structure and execute compliant business operations that facilitate their global business endeavors.
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former DOJ Trial Attorney
Partner
Brian J. Kuester
Former U.S. Attorney
Hon. Kevin McCarthy
55th Speaker, U.S. House of Representatives (ret.)
Government Consultant
Mike Pompeo
Of Counsel
Former U.S. Secretary of State
John W. Sellers
Former Senior DOJ Trial Attorney
Linda Julin McNamara
Federal Appeals Attorney
Nicholas B. Johnson
Former Prosecutor
Roger Bach
Former Special Agent (DOJ)
Chris J. Quick
Former Special Agent (FBI & IRS-CI)
Michael S. Koslow
Former Supervisory Special Agent (DOD-OIG)
Ray Yuen
Former Supervisory Special Agent (FBI)
About Our International Trade Law Practice
We provide comprehensive advice and representation to companies in all industries regarding international trade law matters. As with all of our areas of practice, we work with our clients to identify their specific needs and offer solutions that are custom-tailored to helping them achieve their immediate and long-term goals. With our international trade lawyers’ extensive experience, we are able to efficiently provide deep insights, and we help our clients avoid, manage, and overcome risks in their global operations through offerings including:
- International trade risk management assessments and strategies
- International trade compliance policies and procedures
- Compliance training and program implementation in the U.S. and overseas
- Day-to-day advice and counseling on international trade matters
- Due diligence for international business relationships, investments, mergers, and acquisitions
- Legal opinions regarding compliance, national security risks, and OFAC sanctions
- Representation for interactions with all federal agencies and law enforcement authorities
The international trade lawyers at Oberheiden P.C. offer these services, among others, in all areas of concern for our clients. For example, we regularly conduct risk assessments, develop compliance programs, and provide advice and representation for matters involving:
Anti-Corruption Compliance
Our international trade lawyers have significant experience advising clients on anti-corruption and anti-bribery compliance under the Foreign Corrupt Practices Act (FCPA). These are key compliance areas for companies doing business overseas, including those that are subject to foreign licensing and registration requirements as well as those that do business with foreign governments and related entities. We advise foreign countries regarding FCPA compliance with respect to their business activities in the United States as well.
Economic Sanctions
Domestic companies doing business overseas and conducting trade with foreign entities must be careful to ensure strict compliance with the United States’ economic sanctions. This includes principally, but not exclusively, the sanctions imposed and enforced by OFAC. Our lawyers assist companies with evaluating general licenses, applying for specific licenses, maintaining OFAC compliance, seeking to unfreeze assets following attempted transactions with specially designated nationals (SDNs), and other OFAC compliance and enforcement matters.
Export Compliance
United States exporters are subject to extensive regulations, and they need to make compliance with these regulations a priority. We assist exporters with all aspects of compliance, including (but not limited to):
- Compliance with U.S. export control laws
- Compliance with EAR and ITAR
- Customs and duties issues
- Re-export compliance
- Specific export compliance issues, such as those applicable to data and defense articles
Import Compliance
We also advise U.S. companies regarding import compliance, and we assist foreign companies with managing U.S. import law compliance as well. Here, too, numerous laws and regulations apply, and companies must be extremely careful to avoid missteps that could lead to unwanted federal scrutiny. We help domestic and foreign companies establish and maintain compliance, and we deal with CPB and other federal authorities on behalf of our clients as necessary.
International Investment
Within our international trade law practice, we represent both domestic and foreign companies in connection with cross-border investments. Depending on where they intend to invest, United States companies may need to meet various U.S. and foreign legal requirements. We guide our U.S. clients every step of the way, identifying and helping them overcome regulatory hurdles before these hurdles jeopardize their global business endeavors.
For foreign clients and domestic companies courting foreign investors, we provide representation for business investments in the U.S. as well. This includes providing representation for all interactions with CFIUS and assisting with all aspects of CFIUS compliance.
Offshore Holdings
Companies and individuals doing business overseas must also be sure to address domestic compliance with regard to their offshore holdings. These holdings may trigger FBAR filing requirements, among others. When moving assets overseas as part of their international trade operation, companies must thoroughly address all pertinent legal and regulatory implications, and they must be careful to ensure that their efforts do not trigger allegations of tax evasion, fraudulent transfers, or other prohibited practices.
Overseas Business Operations
We also provide general corporate compliance and risk management services for companies in all industries—including companies with (or seeking to establish) overseas business operations. From entity selection and formation to corporate governance and financing matters, our international trade lawyers help company founders and executives make informed and strategic considerations in light of their global business goals and all pertinent domestic and international legal requirements.
FAQs: What U.S. Companies Need To Know About International Trade Law
When do U.S. companies engaged in international trade need to be concerned about national security compliance?
In today’s global economy, national security compliance is a concern for companies in a broad range of industries. While companies that manufacture defense articles certainly need to be concerned with national security compliance, those in cybersecurity, high technology, finance, and various other industries may need to address national security-related concerns as well. Our international trade lawyers can determine if your company needs to address any issues related to national security; and, if so, we can help you implement a comprehensive and effective compliance program.
Are companies that sell software and data overseas subject to U.S. export laws and regulations?
Yes, companies that sell software and data overseas are subject to U.S. export laws and regulations. However, the extent of these companies’ compliance obligations can vary greatly depending on the nature of the software or data they sell. The specific countries to which they export their software and data will play a role in determining their compliance obligations as well.
How do OFAC sanctions impact U.S. importers and exporters?
OFAC sanctions restrict U.S. importers and exporters from doing business with certain foreign governments, companies, and individuals. Domestic companies that violate OFAC sanctions can have their assets frozen, and seeking to unfreeze these assets can be a long and arduous process. Violating OFAC sanctions can potentially have other legal implications as well. As a result, U.S. importers and exporters need to give due consideration to OFAC compliance, and they must seek specific licenses from OFAC when necessary.
Should I hire a U.S. international trade lawyer if my U.S. company is dealing with a legal issue overseas?
Yes, we recommend that U.S. companies hire domestic international trade lawyers to advise them. If necessary, your company’s domestic lawyer can engage local counsel in the relevant country and serve as a liaison to ensure that your company receives the local assistance it needs.
What should I do if I have been contacted by OFAC, CFIUS, BIS, or another U.S. regulatory agency?
If you have been contacted by OFAC, CFIUS, BIS, or another U.S. agency that regulates international trade, you should consult with a lawyer promptly. At Oberheiden P.C., our international trade lawyers can review the communication, evaluate your company’s risks, and help you make informed decisions going forward.
Speak with an International Trade Lawyer at Oberheiden P.C.
If you would like to speak with an international trade lawyer at Oberheiden P.C., we invite you to get in touch. Please call 888-680-1745 or contact us online to arrange a complimentary initial consultation.
