If you are reading this, there is a good chance that you are an experienced trade compliance professional. Import and export compliance professionals make the trade world go round and ensure day-to-day compliance of their companies. However, there are times when legal advice may be necessary or advisable to supplement operational trade compliance efforts. Legal counsel provide services and add value in the following areas:
- Providing opinions on thorny issues of legal interpretation in every area of trade regulation
- Rendering legal opinions rather than decisions in the context of embargoes and sanctions
- Advising on “know your customer” due diligence in high-risk situations
- Investigating sensitive issues and potential violations with the benefit of attorney-client privilege
- Preparing and filing voluntary disclosures and prior disclosures and advocating for a favorable outcome
- Interfacing with government agencies in the context of audits, investigations, subpoenas, and other enforcement actions to protect the company’s rights
- Auditing trade compliance programs and procedures
- Conducting trade compliance due diligence in connection with mergers, acquisitions, and divestitures
- Drafting policies, standards, and procedures that meet the requirements of the law and expectations of the regulators
- Drafting and negotiating contract clauses, end-user certifications, and other documents to mitigate legal risks
- Educating company leadership and trade compliance management regarding relevant legal standards and new legal developments
- Advocating for favorable outcomes in license applications, classification decisions, rulings, advisory opinions, rule-making, and other government actions
