Smith, Gambrell & Russell, LLP

SGR Customs & International Trade Compliance Team

There are a myriad of statutory and regulatory mandates placed on companies engaging in international trade.

A number of government agencies — e.g., the Department of Justice, the Securities and Exchange Commission, the Office of Foreign Assets Control - vigorously enforce the laws under their jurisdiction involving international trade. Compliance with these legal requirements is critical in order for a business to compete in a global marketplace and not face enforcement actions, civil suits, and criminal prosecution. Smith, Gambrell & Russell, LLP’s Customs & International Trade Compliance Team assists its clients with these issues so that they can focus on their businesses and customers.

Smith, Gambrell & Russell, LLP represents a broad range of U.S. and foreign clients in connection with international trade matters that arise in connection with their businesses. For example, Smith, Gambrell & Russell, LLP has assisted clients with respect to the following:

  • Securing tariff classification rulings from U.S. Customs and Border Protection (“CBP”)
  • Implementing International Traffic in Arms Regulations (“ITAR”) compliance programs for clients involved in the export of defense articles and defense services
  • Providing advice with respect to Foreign Corrupt Practices Act (“FCPA”) compliance obligations
  • Interpreting North American Free Trade Agreement (“NAFTA”) eligibility standards
  • Filing “prior disclosures” of customs and export violations and assisting clients with the implementation of remedial efforts in connection with the same
  • Responding to notices of violation issued by U.S. government agencies with respect to alleged international trade violations
  • Providing legal defense in connection with U.S. Department of Justice and other governmental enforcement actions and investigations
  • Determining Export Administration Regulations (“EAR”) licensure obligations for clients involved in the export of certain hardware, software, and technical data and assisting clients with the implementation of EAR compliance programs
  • Assisting current and former government officials in complying with ethical obligations
  • Addressing issues relating to trade embargoes maintained by the U.S. Department of Treasury Office of Foreign Assets Control (“OFAC”)
  • Negotiating and preparing distribution, joint venture, technology transfer, and other commercial agreements on behalf of clients involved in import and export activities

If your business fits into any of the following categories, the Customs & International Trade Compliance Team may be able to assist you with compliance and enforcement issues:

  • Importation or exportation of raw materials or finished goods (including technology, software, and hardware)
  • Selling goods to foreign governments or government-controlled entities
  • Selling goods in any country that is subject to a U.S. embargo (such as Cuba, Iran, or Sudan)
  • Selling products that are designed or modified for defense purposes (such as vehicles, aircraft, equipment or technology that have been modified for use by the military)
  • Has affiliates that do business in foreign countries
  • Has concerns about compliance with federal regulations related to international trade, such as those promulgated by the Departments of Justice or Homeland Security, the Securities and Exchange Commission, the Office of Foreign Assets Control, or the Consumer Product Safety Commission
  • Is subject to possible enforcement actions by a U.S. government agency with jurisdiction over international trade matters (see above)
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