International Trade & National Security

Maynard Cooper’s International Trade & National Security Group advises and assists clients from both defense and non-defense sectors in complying with the laws and regulations applicable to their particular business objectives. We help clients navigate the full-spectrum of international trade regulation and anti-corruption compliance – from pre-transaction due diligence and the design of comprehensive trade compliance plans, through product jurisdiction/classification, export/import licensing, and risk mitigation strategies, to audits, investigations, and defense of potential violations. In addition, most of our attorneys practicing in this group are current or former military officers or government attorneys, which brings a unique perspective and breadth of experience – particularly for clients in the defense sector. Although Maynard Cooper is a full-service law firm, our international trade attorneys focus on the seven areas most frequently encountered by clients marketing goods and/or services in international commerce:

Export Controls – laws/regulations governing defense/ITAR and commercial dual-use/EAR exports, as administered by the U.S. Department of State (Directorate of Defense Trade Controls) and the U.S. Department of Commerce (Bureau of Industry and Security), respectively, as well as applicable non-U.S. export/import restrictions

Economic Sanctions Programs – laws/regulations governing unilateral/U.S. trade embargoes and asset freezes, including destination-based, list-based, and activity-based programs, as administered by the U.S. Department of the Treasury (Office of Foreign Assets Control), as well as applicable multilateral sanctions programs

Antiboycott Restrictions – laws/regulations governing prohibitions on the participation in unauthorized trade boycotts, as administered by the U.S. Department of Commerce (Office of Antiboycott Compliance), and the U.S. Department of the Treasury (Internal Revenue Service)

Anti-Corruption Laws – efforts necessary to comply with the anti-bribery and accounting provisions of the U.S. Foreign Corrupt Practices Act, as well as other applicable anti-corruption laws/regulations

Customs/Import Controls – laws/regulations governing the importation of goods into the United States, as administered by the U.S. Department of Homeland Security (Customs and Border Protection) and other government agencies

Anti-Money Laundering Compliance – efforts necessary to comply with private and/or government-imposed requirements concerning money transfers, global payments, and related systems

Foreign Direct Investment Evaluation – guidelines regarding foreign direct investment in U.S. entities potentially affecting the U.S. national defense and options to decrease the risk of post-transaction complications

In conjunction with Maynard Cooper’s international business and government contract attorneys, the International Trade & National Security Group routinely provides firm clients with general advice concerning trade policy and enforcement trends, tariff rate issues, trade-related due diligence priorities, market access considerations, compliance best practices, and local counsel in foreign/non-U.S. jurisdictions. Maynard Cooper’s international trade and national security attorneys also litigate cases involving trade-related issues in both state and Federal courts.

Representative international trade issues that our attorneys have handled include:

  • conducted internal investigation of non-U.S. aerospace defense contractor, evaluated potential liability under the International Traffic in Arms Regulations (“ITAR”), drafted and submitted ITAR voluntary disclosure, and persuaded the U.S. Department of State to not assess criminal penalties or civil fines
  • assisted clients with product jurisdiction transition issues and opportunities from export control reform in order to pursue new foreign markets
  • assisted clients with designing, implementing, and auditing comprehensive international trade compliance programs for clients in both defense and non-defense sectors
  • assisted more than a dozen clients in determining the proper export jurisdiction of their products pursuant to export control reforms and successfully obtained lower export control classifications that enabled clients to pursue new international markets
  • assisted clients with the ITAR registration process, including exporting clients and non-exporting clients that manufacture defense articles or conduct ITAR brokering activities
  • advised and assisting clients through the ITAR Commodity Jurisdiction (CJ) process in order to confirm the export regulatory regime governing their products
  • assisted clients in determining the appropriate export licensing requirements for products exported under both the ITAR and the EAR
  • assisted multiple clients with the importation of goods into the United States, including management of tariff/duty issues, product classification/valuation, defense of seizure/forfeiture matters, and intervention into administrative reviews of antidumpting and countervailing duty orders
  • advised and assisting clients regarding the application of economic sanctions programs (trade embargoes and asset freezes) administered by the Office of Foreign Assets Control (OFAC), including sanctions targeting Iran, Cuba, Sudan and terrorism-related activities
  • advised clients in multiple aspects of anti-corruption, including due diligence in connection with potential transactions, risk mitigation under the U.S. Foreign Corrupt Practices Act and relevant international anti-bribery laws, and defense of a client in Federal court (S.D.N.Y.) against allegations of international money laundering
  • advised clients regarding compliance with the U.K. Bribery Act and relevant enforcement guidelines of the U.K. Serious Fraud Office
  • negotiated, drafted, and secured complex Technical Assistance Agreements among international parties for the transfer of classified and unclassified ITAR-controlled technical data
  • advised clients regarding boycott requests received in the course of international commerce and assisting clients in complying with required reporting of actionable requests to the Office of Antiboycott Compliance (OAC) and the Internal Revenue Service (IRS)
  • assisted clients with internal investigations of potential export violations (ITAR and EAR) and advising clients on potential courses of action to resolve such issues
  • assisted clients in disputing and mitigating the effects of anti-dumping duties and/or countervailing duties levied on subject imports
  • drafted voluntary disclosures of ITAR and EAR violations on behalf of clients, representing such clients before the Directorate of Defense Trade Controls (DDTC) and the Bureau of Industry and Security (BIS), respectively, and successfully advocating for the elimination or mitigation of penalties
  • represented clients in investigations conducted by the U.S. Government, including OFAC, DDTC, and BIS, and successfully advocating for the elimination or mitigation or penalties
  • defended clients in asset seizures and forfeiture matters brought by the U.S. Department of Homeland Security (Customs and Border Protection)
  • advising clients regarding the Buy America Act and other trade-related legislation/policies
  • evaluated potential investments by non-U.S. parties in U.S. entities with national security implications and assessing the need to submit a voluntary Exon-Florio review of the transaction to the Committee on Foreign Investment in the United States (CFIUS).

Korean Focus

Supporting Korean Business in the Southeast

With the growing number of inbound foreign-owned businesses across the Southeastern U.S., Maynard Cooper has also grown its expertise and depth in serving Korean-owned businesses and American clients seeking to conduct business operations in Korea. Maynard Cooper has strong ties to the Korean and U.S. business community – domestically and locally.  Maynard Cooper is a member of the Korean Chamber of Commerce and Industry in the USA and the Southeast United States Korean Chamber of Commerce.  The Firm works closely with KOTRA, KITA, the Ministry of Foreign Affairs, and the Republic of Korea (Atlanta Consulate General) to build strong economic relationships between Korea and the Southeastern United States and create a more conducive business environment for Korean companies.

There are more than 150 Korean companies located in the Southeastern U.S. (70+ in Alabama alone) and statistics show in excess of $500 million in merchandise exports to Korea and $156 million in service exports.  The Firm’s International Practice Group offers a full range of services to American and Korean corporations and individuals seeking to make investments under the Republic of Korea – U.S. Free Trade Agreement (KORUS-FTA).

December 14, 2018

Birmingham, Al. Maynard Cooper & Gale is pleased to announce that Raymond L. Bell, Jr. has joined the Firm as a Shareholder in the Government Solutions Practice Group of the Corporate Section.  Bell will practice out of both the Mobile…

November 14, 2018
Hot Issues in the Ongoing Third Party Release Debates

On November 20, 2018, Leland Murphree will be on a webinar panelist for the American Bankruptcy Institute,  “Hot Issues in the Ongoing Third Party Release Debates.”