Successful cross-border business transactions require broad experience in international law and government trade regulation. The International Trade and Transactions Group of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC represents U.S. and foreign clients all over the world in commercial and financial transactions and is comprised of a collection of seasoned professionals with extensive experience in both the public and private sectors.
Our breadth of experience extends beyond business formation and operation into the structuring and negotiation of joint ventures and complex business arrangements, as well as government and private financing, licensing and distribution, agency agreements, and disputes and litigation. We have extensive experience in U.S. regulation of international business, including export controls and customs requirements. We also provide analysis, counseling and advocacy for our clients regarding foreign investment and government regulations overseas, including corporate strategy planning and regulatory problem solving.
Our clients are participants in a wide variety of industries, from automotive and advanced machinery manufacturing to energy resources, information services and transportation. We also represent entities of all sizes, from single individuals seeking opportunities for investment abroad to major multinational corporations. No matter the client, our professionals provide the same highly tailored service and attention to detail that each requires.
Our depth is much broader than those who serve within the Firm. Members of our International Trade and Transactions Group rely upon a well-established, extensive network of relationships with leading financial, accounting and legal professionals worldwide, who can provide access to opportunities around the globe and insight into local conditions that may have an impact on business.
Our services include the following:
- Addressing employment and immigration matters, including EB5, E and other OFAC visas and Part 6, Certification Pertaining to the Release of Controlled Technology or Technical Data to Foreign Persons in the U.S., of USCIS Form I-129.
- Formulating the strategy that will help you tap new markets and grow your business.
- Identifying opportunities for and maximizing the success of mergers, acquisitions and joint ventures.
- Resolving problems and troubleshooting on the ground – anywhere the need arises.
- Acquiring global protection for your intellectual property.
- Ensuring compliance with customs and other regulatory authorities.
- Designing and implementing effective multinational tax and financial structures, including the establishment of offshore corporations and trusts.
- Identifying project finance and establishing relationships with lenders and investors.
- Navigating international trade laws and resolving disputes.
Our Focus
Importing & Exporting
Baker Donelson's import/export practice is a multi-faceted international practice. Our attorneys guide clients through the often complex maze of cross-border business transactions. We assist U.S. and foreign clients, in more than 90 countries, to resolve legal barriers promoting and supporting the clients' global business goals.
Attorneys within the Firm possess experience in all aspects relevant to importing and exporting goods, services and information. Such experience includes:
- Assisting companies, individuals, immigration lawyers and Regional Centers with OFAC applications for EB5, E and other OFAC visa licensing requirements.
- Advising companies and immigration lawyers on certifying Part 6 of the USCIS Form I-129, Certification Pertaining to the Release of Controlled Technology or Technical Data to Foreign Persons in the U.S.
- Preparing internal audit and risk assessments for voluntary disclosures for export violations to mitigate penalties for violations.
- Assisting clients with necessary U.S. Customs documentation for importation of foreign goods into the U.S.
- Facilitating compliance and training programs for clients regarding restricted parties, restricted end uses and restricted end users.
- Determining accurate product import valuations, duty rates and tariff classifications under the Harmonized Tariff Schedules of the U.S. and tariff schedules of other countries.
- Representing clients in antidumping, countervailing duties and Section 337 cases and evaluating the application of such investigations for clients.
- Designing and implementing import and export compliance programs for companies (including export controls, FCPA , Patriot Act and anti-boycott requirements).
- Representing clients in U.S. Customs audits and defending companies in seizure, enforcement and penalty proceedings.
- Determining Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) licensing requirements for clients and filing license applications for dual use products and deemed exports (Bureau of Industry and Security (BIS) at Commerce), defense products (U.S. Department of State Directorate of Defense Trade Controls (DDTC)) and with OFAC.
- Representing clients in enforcement proceedings for export control violations.
- Internal compliance audits and risk assessments to prepare clients for U.S. Customs audits and for export compliance.
International Arbitration
The International Arbitration practice includes nationally and internationally-recognized attorneys with the tactical and strategic experience and resources necessary to successfully manage complex international arbitrations and disputes. We offer multiple language skills, including Spanish, Chinese, Vietnamese, German, Turkish, Hindi, Urdu and Russian, and are able to call upon an active network of attorneys of various nationalities and backgrounds with substantial experience in Asia, Europe, Latin America and the Middle East. Baker Donelson is one of the 100 largest law firms in the United States, which allows us to select the optimum cross-office international arbitration team to suit the particular needs of our clients in arbitration disputes conducted under ICC, ICSID, AAA, UNCITRAL, LCIA and/or SMA rules.
We have represented state-owned entities, private companies and insurers in international arbitration disputes involving diverse areas such as business transactions, construction, energy, insurance coverage, oil and gas and transportation. In addition, our attorneys have served as arbitrators in international disputes, which gives us hands-on experience in an arbitral proceeding.
Representative Matters
United States Transactions
- Represented a state-owned oil company defending claims arising out of the sale of multiple gasoline shipments.
- Represented Japanese ship owners and underwriters in claims arising out of a collision in the Bay of Campeche, Mexico.
- Represented London Underwriters in an insurance coverage dispute under a builder’s risk policy arising out of the failure of heat pipe air heaters at an electrical generation facility in the United States.
- Represented Mexican fabrication company defending claims arising out of a platform construction and transportation contract.
- Represented Turkish company in breach of contract and tort claims arising out of a business consultancy agreement.
- Represented international company specializing in disaster restoration services arising out of the charter of a passenger ship to house contractors following a hurricane.
Foreign Transaction
- Represented state-owned oil company in London arbitration proceedings resulting from breach of contract claims arising out of purchase of crude oil and related antitrust disputes.
Japan Relations
Baker Donelson has long emphasized relationships with Japanese companies, drawing on the work of former Senate Majority Leader, Chief of Staff to the President of the United States and former Ambassador to Japan, Howard Baker. With more than thirty years of trade and investment experience with Japan and our sensitivity to foreign cultural issues, our Firm's emphasis on extreme attention to detail and our knowledge of international relationships are appreciated by our Japanese clients, as well as by those clients who support many of the entities.
International Trade and Investment
Today's rapidly changing global business climate presents unprecedented opportunities for making inroads into new markets. At the same time, companies on unfamiliar ground can encounter difficult hurdles, unforeseen costs and face significant risks. Our Firm knows and understands the issues – whether it relates to import and export matters, government controls of foreign direct investment, the intricacies of a foreign economy or immigration questions related to trade. This is particularly true in the case of Japanese companies seeking to do business in or with the United States where, more than 30 years ago, senior members of our Firm began assisting such companies in overcoming commercial and political difficulties in doing business with the United States.
Our client services include realistic business strategies for today’s global marketplace. This means that in addition to top-rated legal expertise, we also guide our clients through the maze of local, state and federal government regulatory and political constraints that can have a serious effect on the outcome as well as due diligence and anti-corruption strategies.
Our work includes diplomatic negotiations with government and business representatives living and operating in Japan as well as their American counterparts. Thus, our roster of attorneys and advisers includes professionals who have served as members of the Senate and the House of Representatives, former senior officials with international trade and investment responsibilities in the White House, the Overseas Private Investment Corporation, and the Departments of State, Commerce, Treasury and Homeland Security. In addition, several have worked at the U.S. International Trade Commission and served as Trade Counsel on the Senate Committee having oversight of international trade.
Baker Donelson's experience in working with Japan includes:
- Representing Japanese and affiliated companies in trade-related issues before Congress and the Executive Branch regarding government regulation of trade, including customs, antidumping, NAFTA and rules of origin.
- Former partner serving as Governor of Tennessee initiating a major trade and investment program with Japan that resulted in major Japanese investments in the state and a Baker Donelson appreciation and support for such investments.
- Representing a major Japanese company before the Committee for Foreign Investment in the United States in the successful acquisition of a U.S. company involved in business related to U.S. national security.
- Representing a major Japanese automobile manufacturing company in its successful efforts to set up a Foreign Trade subzone. Representation included the management and prosecution of the application for the subzone through the U.S. Department of Commerce.
- Representing Japanese insurance company with respect to bilateral discussions regarding access to the Japanese market by companies in the United States seeking a business relationship.
- Representing several major U.S. companies in efforts to do business in Japan as well as various contract and transactional projects between Japanese and U.S. companies.
- Representing U.S. chemical company in its efforts to obtain licensing agreements with a Japanese company.
- Representing Japanese automobile manufacturer with successful outcome in safeguards case against Japanese imports.
- Serving as counsel to a major Japanese auto parts supplier in an anti-dumping action.
- Assisting airports in increasing their access to international aviation markets, including Japan.
Middle East Business Consulting
For U.S. and multinational companies, the Middle East and post-war Iraq offer a wealth of opportunity. But establishing and operating businesses there can be risky without the strategic guidance of professionals who know the region intimately and who can work closely with policymakers and regulators in the U.S. and overseas.
Our Middle East Group understands the region's laws, politics, culture and economy, gleaned from more than a century of combined experience working in the Middle East. Our Group includes the former U.S. Ambassador to Oman, G. Cranwell Montgomery.
For more than 20 years, we have successfully represented clients in this region, helping companies organize and operate businesses in Afghanistan, Iran, Iraq, Israel, Kuwait, Oman, Pakistan, Saudi Arabia and Turkey, as well as neighboring countries in Eastern Europe and Central Asia. Most recently, we have helped clients design and implement programs for participation in the reconstruction of Iraq and Afghanistan.
The services we offer include strategic business planning and development, public policy counseling and advocacy, regulatory advice and representation, and political and economic risk analysis. In everything we do, we place a premium on keeping our clients educated and informed.