Our business lawyers conduct in a globalized and international marketplace. Companies often want to move goods and services across geographic borders, and international trade lawyers provide advice and counsel that allow businesses to comply with the law of International Trade, and to take advantage of what the law offers. They resolve the problems that arise as a company is doing business internationally or faces unfair competition.
International trade lawyers analyze pending changes to international laws and how changes might affect a client’s business activities or opportunities. They also proactively help shape the laws, programs, and agreements that define international trade and commerce.
The dynamic of international trade and commerce involves the often very different legal systems of at least two sovereign nations.
Many clients assume that another country’s laws and practices are the same as those of their home or that their law will somehow define their international “rights” and obligations and that always result in losing their investment. International trade lawyers enable their clients to understand and navigate different legal and business environments.
Their involvement can be with the interpretation of international trade law, agreements and programs; the conduct of the international trade; and overcoming challenges or problems encountered in conducting international trade and business to defend their investments.
We defend investment and protect investor’s right to live and work with safe legal framework; we take advantage of what the law offers. As with most areas of the law, though, the international trade lawyer’s greatest added value usually is in anticipating and preventing problems. A client eventually may win in litigation over a dispute, but victories often come with financial, resource, and public relations costs. Litigating in other countries only increases those costs. Lawyers, who know their clients and the clients’ businesses, are able to anticipate their needs defend their investments, work with them to develop realistic business strategies, and implement choices that facilitate business and avoid problems. International trade lawyers do this with an added international dimension.
Components of International Trade Law
Basically, international trade law encompasses the international agreements, laws, regulations, practices, and policies that affect the movement of goods, services, and even ideas, as well as the people who provide those goods, services, and ideas across geographic borders.2 It involves a range of clients, including companies that want to do business internationally, firms that supply or support companies that conduct international business, associations that advocate on international or business interests or policies, and government agencies that define, regulate or otherwise affect international trade and commerce.
International Trade Policy
International trade policy is one aspect of international trade law, and may involve the negotiation and interpretation of international agreements and programs. International trade policy may have direct implications for a business or define the overall business climate and framework.
International trade lawyers help companies understand what particular trade agreements, laws and policies mean for their international trade and business activities. A trade agreement, for example, can reduce barriers to trade or provide new or improved access to foreign markets and resources.
Legal Ability to Trade Internationally
International trade law often involves an initial question of whether a company legally can export a product, service or technology. More often, export controls do not prohibit all exports, but require a company to obtain certain government authorizations to export, institute compliance systems, and file post-export reports. For example, a company often needs prior authorization to export a computer software program that encrypts data. An international trade attorney works with the company to obtain the necessary authorization, and to institute an internal program designed to monitor exports, prevent unauthorized exports and otherwise comply with the scope of the authorization.
Laws behind International Trade
For individual international trade transactions, a variety of domestic laws and regulations may be relevant. Among these are contract laws, customs regulations, the laws governing secured transactions, transportation procedures and requirements, trademark protection, or sanitary and photo-sanitary standards.
International Law Governing Trade
By definition, a trade framework is just that. Domestic law still will govern many aspects of international trade transactions. As discussed above, these could include, among others, laws governing contracts, customs, financial services, immigration, insurance, intellectual property, investments, secured transactions, and transportation and the smart lawyers who can help clients to take advantage of what the law offers.