As companies navigate the increasingly complex world of global business they require effective guidance on the many issues that arise in their international trade and investment activities. We provide that guidance in a manner designed to meet the needs of our clients and to accomplish their business goals, wherever they operate. We value our clients’ trust and confidence and, as their legal and business advisors, we are committed to their success.
Montgomery Fazzone attorneys assist our international clients with complex commercial transactions, direct investment, federal government contracting, and compliance with myriad U.S. regulations of trade and investment. Our service orientation is client-centric, practical, efficient, and cost effective. We emphasize active and seamless communication. Together with our strategic partners, we offer the expertise to assist in virtually any legal matter in any jurisdiction. Our services to U.S. and non-U.S. companies and other organizations include:
• formation, structure, and successful completion of business and commercial transactions.
• familiarization and compliance with U.S. federal and state trade laws and the laws of our trade and investment partners.
• advice on statutory, treaty, and other policy trends in the U.S. and elsewhere that impact international commerce.
• international deployment of human resources.
• dispute resolution.
International Commercial Transactions
We advise clients in connection with their commercial transactions across the globe. They include European, Asian and Australian companies and quasi-governmental entities engaged in trade and investment in the United States, as well as U.S.-based companies and individuals doing global business. Their market sectors extend from oil and gas to infrastructure projects, manufacturing, and financial services.
We represent clients in most international commercial markets and in all the major economies of the Asia Pacific region, including Japan, South Korea, Taiwan, China, Singapore, Indonesia, Malaysia, Thailand and India, as well as Australia and New Zealand. In addition to transaction structure and finance, we negotiate working agreements, analyze non-U.S. legal requirements, identify and initiate intellectual property protection, and conduct dispute resolution. We participate actively with regional organizations, including the Inter-Pacific Bar Association, the Asia Pacific Council of the American Chambers of Commerce, and the American Chamber of Commerce in Australia. Our clients benefit directly from real time information and developing trends that impact their business activities worldwide.
- Strategic counsel to non-U.S. software and services companies with subsidiaries in the U.S.
- Guidance on business planning, employment law, and protection of intellectual property rights.
- Assistance with prospective capital funding and business expansion in the U.S.
- Design and implementation of international joint venture agreements in energy, services, software, and nuclear energy sectors.
- Advice on U.S. Exim Bank and other credit facilities for export project financing in South America and South Asia.
- Structuring and negotiating direct investments, acquisitions and asset disposals in the U.S., Australia, and elsewhere, including tax and corporate planning.
- Negotiation of international licensing agreements for major technology and manufacturing companies in the U.S. and Asia Pacific region.
- Resolution of financing, risk management, and regulatory issues for major infrastructure projects in the U.S., Asia, Australia, Africa, and South America.
Customs and Export Control
We advise on every aspect of customs and export control matters for U.S. and non-U.S. companies who engage in international trade.
U.S. export controls, complex and always evolving, are a major challenge to international business. U.S. export controls apply to certain goods, services, and technology exported from and imported into the U.S., and to a wide range of trading and investment activities with countries subject to U.S. sanctions. We advise clients on the requirements of U.S. export controls, executive orders, International Trafficking in Arms Regulations (ITAR), and the U.S. Departments of Commerce and Treasury regulations and sanctions for non-compliance. We structure export compliance programs, identify programs for transfer of controlled technology in commercial transactions, and obtain export and re-export authorizations. We also assist in staff training, implementation of compliance programs, and violation reporting.
Customs compliance affects every international shipment of goods. We often counsel companies on customs classification issues, rules of origin, duty drawback, and labelling and other requirements. We advise on Customs audits, information requests, and preferential duty proceedings. We represent clients before U.S. Customs and Border Protection Posts and in regulatory proceedings for special duty rates including antidumping, countervailing safeguards, and supply chain security. We also counsel clients on the U.S. Customs-Trade Partnership Against Terrorism (C-TPAT) program and compliance for registered companies.
International Trade Regulation
We are involved in every aspect of international trade regulation and policy. We represent clients in anti-dumping and countervailing duty investigations, administrative reviews, safeguard investigations, section 337 proceedings, customs proceedings, advice on U.S. customs and export control issues, and representing clients’ interests before Congress and the Executive Branch.
- Successfully opposed the imposition of additional tariffs or import restraints on leading U.S. producer of wire garment hangers against imports from China.
- Hong Kong camera manufacturer avoided infringement findings barring access to U.S. market in Section 337 action by competitor who alleged patent infringement.
- Exemption from Section 201 safeguards on steel imports for non-U.S. producer.
- Advice on U.S. trade and agricultural policy for several U.S. and non-U.S. private and quasi-governmental entities.
- Antidumping, countervailing duty and safeguards actions under U.S. trade laws for flat rolled steel, tubular steel, color televisions, and steel flatware products.
- Enforcement and compliance proceedings involving alleged violation of customs and export control laws.