Practice Areas : International Trade

Moses & Singer's International Trade Group is part of our commercial transaction and dispute resolution practice. We represent U.S. and international clients in many industries, including importing, manufacturing, trading, licensing, technology, healthcare and finance, in international trade matters.

Moses & Singer can guide clients through all aspects of the trade process:

  • We prepare and negotiate distribution, sales, supply, licensing and other agreements.
  • We negotiate and document trade finance arrangements, including letters of credit.
  • We assist with international IP protection and infringement matters.
  • We provide advice and guidance with customs compliance and enforcement, export controls, and Section 337 investigations.
  • We represent clients in international arbitration and other dispute resolution proceedings.

Customs Laws

We are experienced in classification, valuation, rules of origin, country of origin marking requirements, penalties, Customs-Trade Partnership Against Terrorism (C-TPAT) certification, anti-dumping and countervailing duty issues, foreign trade zones, duty preference programs (i.e., GSP, NAFTA ), drawback and import compliance reviews.

Export Controls

We help clients navigate the complex laws and regulations governing the export of goods and technology and the restrictions on release of technology to foreign nationals. We advise on the requirements of the Export Administration Regulations (EAR), classifying products on the Commerce Department's Bureau of Industry and Security's (BIS) Commerce Control List (CCL), applying for export licenses and preparing export management systems.

Section 337 Investigations

As part of our active intellectual property practice, we represent clients in Section 337 actions before the International Trade Commission challenging the import of goods as violations of U.S. intellectual property rights.

Intellectual Property, Technology and Outsourcing

We regularly counsel clients in a variety of industries, from financial services to media and healthcare, in transactions ranging from outsourced hosting, technology development and call-centers to negotiating exclusive supply agreements and international branding and strategic alliances. Our lawyers bring sophisticated transactional and intellectual property capabilities essential to the success of technology driven ventures.

Trade Finance and Letters of Credit

We played a prominent role in the most recent revision of the letter of credit provisions of the Uniform Commercial Code (UCC Article 5) and the drafting of the International Standby Practices 1998, ICC Pub. No. 590 (ISP98). We have extensive experience in secured and unsecured committed and uncommitted lines of credit, standby and commercial letters of credit, and related transfers of drawing rights and assignments of proceeds, and other forms of trade finance.

Transactional Services

Our International Trade practice is not limited to the technicalities of customs and export control laws. We bring our broad experience in the full spectrum of commercial transactions to bear in solving all problems that may arise in international trade transactions.

We alert clients to issues they may be unaware of in the shipping and procurement process, under INCOTERMS, under the "boilerplate" embedded in purchase orders, and in the increasingly common master procurement agreements required by large corporate customers. We guide clients in negotiating terms that are commercially acceptable. We help remove unwanted risk from international financial transactions by clarifying our client’s precise role in the transaction. We are attuned to protecting clients against counter-party insolvency and non-payment risks, and we deliver comprehensive, cost-effective solutions to our clients’ international trade problems.

Dispute Resolution

If matters go awry, we represent clients in international trade and commercial contract litigation. We have appeared in matters before the U.S. Trade Representative, the U.S. Court of International Trade and the International Court of Trade. We can represent clients in international arbitration proceedings and in the enforcement U.S. arbitration awards obtained in foreign jurisdictions.

Global Reach

Through our membership in the MSI Global Alliancewe have access to the legal and accounting resources of more than 250 independent, locally-based professional firms in over 100 countries worldwide to assist in navigating every conceivable tax or legal issue that might occur in cross-border transactions.

 

For more information please email us at internationalinfo@mosessinger.com

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