Global trade in goods is regulated by the antidumping and countervailing duty laws that permit duties to be imposed against dumped or subsidized imports that cause material injury or a threat of material injury to the U.S. industry. We are one of the leading firms in trade remedy proceedings representing U.S. producers, and among a limited number of practices that regularly serve as principal counsel for major unfair trade investigations. We possess unmatched and unique experience in metals and raw materials, as well as energy-related trade issues. We have won complex and significant antidumping and countervailing duty cases on behalf of clients in a variety of industries, including clean energy technologies, steel, steel-containing products, aluminum, paper, and consumer products.
Wiley Rein’s International Trade Practice includes a strong international government relations component. In addition to providing trade remedies litigation, the firm represents clients in policy and legislative matters regarding trade remedies, international negotiations, global environmental issues, and global energy interests. Our knowledge of existing rules and remedies and the ability to anticipate the direction of change, to influence change, and to initiate change provide our clients with the extra competitive edge in today’s environment. Bringing to bear extensive experience in all branches and levels of government and in both the public and private sector, we develop the kind of strategy needed to prevail in today’s environment.
WORLD TRADE ORGANIZATION
Wiley Rein’s attorneys advocate with U.S. government agencies such as the Office of the United States Trade Representative (USTR) on behalf of client interests in a variety of WTO-related matters. We work actively with the USTR on behalf of U.S. industries to address violations of WTO law and other trade agreements and to eliminate barriers to trade through the WTO’s dispute settlement system. Wiley Rein also defends U.S. trade law from challenges at the WTO. Our WTO capabilities also include the analysis of countries’ trade commitments, particularly in complex trade areas such as telecommunications and services, and the elimination of trade barriers through WTO channels other than the dispute settlement system.
Wiley Rein has one of the most experienced export controls practices in the nation. We provide the full range of services related to the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR), including risk assessments, compliance audits, transaction counseling, licensing assistance, and enforcement action defense. We deliver these services to both U.S. and foreign exporters, reexporters, brokers, defense contractors and subcontractors, as well as manufacturers and providers of defense articles, defense services, and dual-use goods, software, and technology. We are well-versed in the Export Control Reform Initiative, and our long-tenured relationships with relevant governmental agencies enhance our extensive knowledge and 20+ years of experience.
Our Practice encompasses the full range of Office of Foreign Assets Control (OFAC)-related services, including risk assessments, compliance program development, licensing, voluntary disclosures, and enforcement actions. We deliver these services to leading companies across multiple industry sectors, including financial institutions, insurance companies, Internet and e-commerce firms, and telecommunications companies. Our competitive advantage is based on our ability to combine deep sanctions experience with subject-matter expertise in other areas of the firm, such as our renowned Telecom, Media & Technology, Government Contracts, and Insurance practices.
Since September 11, 2001, Wiley Rein has expanded our services to include a robust anti-money-laundering practice. With respect to the Bank Secrecy Act as amended by the USA PATRIOT Act, we counsel U.S. financial institutions and foreign entities with U.S. business units concerning comprehensive risk assessments and corresponding risk-based compliance programs. We also work with industry groups to develop anti-money-laundering best practices. We routinely offer Financial Crimes Enforcement Network (FinCEN)-related services, and we provide these services to leading companies across multiple industry sectors.
CFIUS AND NATIONAL SECURITY
Wiley Rein has an unparalleled ability to assist clients on a broad range of national security issues, especially the Committee on Foreign Investment in the United States (CFIUS) process and classified contracts. With a former U.S. government official who led the drafting and implementation of CFIUS regulations and the conduct of over 350 CFIUS reviews, our Team has deep insider knowledge of the CFIUS process. As a result, we have extensive experience counseling clients in transactions that involve nearly every industry sector subject to CFIUS review. Our strong relationships with key U.S. government decision-makers also enable us to effectively assist parties to acquisitions or transactions involving classified materials that require the approval of the DOD’s Defense Security Service (DSS). In addition, our National Security attorneys often pair with our renowned Telecom, Media & Technology Practice to provide counsel and guidance to parties to foreign acquisitions of communications facilities subject to Federal Communications Commission approval.
CUSTOMS LAW AND COMPLIANCE
With two licensed U.S. Customs brokers and a former U.S. Court of International Trade (CIT) clerk, our Customs Group advises and represents clients on every aspect of the importation process. We represent clients before local port officials, at U.S. Customs and Border Protection (CBP) headquarters in Washington, DC, and before the CIT in New York. We also liaise with agencies as diverse as the U.S. Department of Agriculture (USDA) and the Financial Crimes Enforcement Network (FinCEN) to ensure that our clients’ entries proceed smoothly. Our ability to partner with other regulatory subject matter experts in the firm provides a convenient and attractive “one-stop shopping” experience for clients.
FOREIGN CORRUPT PRACTICES ACT
With the recent upsurge in government enforcement actions, companies and their executives now, more than ever, must work diligently to ensure compliance with the Foreign Corrupt Practices Act (FCPA) and develop strategic investigative plans to address effectively potential violations of the Act and related government enforcement actions. Wiley Rein’s multi-disciplinary FCPA Practice has the knowledge and expertise to navigate our clients through this high risk area of law. Wiley Rein’s FCPA attorneys are experienced in structuring and implementing effective corporate compliance programs designed to prevent violations. Furthermore, should problems arise, our FCPA Team possesses the well-honed skills necessary to investigate and defend complex enforcement actions.
NEGOTIATIONS AND AGREEMENT COMPLIANCE
Wiley Rein’s International Trade Practice actively advises clients on international negotiations. We represent U.S. companies and industries in critical ongoing trade negotiations, including the Trans-Pacific Partnership (TPP); the plurilateral Trade in Services Agreement (TISA); and the Transatlantic Trade and Investment Partnership (TTIP) trade negotiations between the United States and the European Union. We also represent U.S. companies and industries on a variety of U.S.-China trade negotiations, including ongoing negotiations for a Bilateral Investment Treaty (BIT). We participate directly with such multilateral trade organizations as the WTO and Organisation for Economic Co-operation and Development (OECD), and also participate in the informal “interested persons” groups that always emerge in the negotiation context. We use all available trade policy tools to solve specific problems concerning imports or in foreign countries (e.g., lack of market access).
INTERNATIONAL ARBITRATION/DISPUTE RESOLUTION
Arbitration of investor/state disputes is an emerging and increasingly expanding aspect of international trade law. More than 2,400 BITs have been negotiated, typically providing that the host state to an investment will consent to arbitrate investment disputes with private investors from the other party to the treaty. Wiley Rein has a proven track record in assisting multilateral companies and other clients in BIT-related matters and is experienced in international commercial arbitration, both as counsel and arbitrator.