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International Trade

Legal Practice

Profile
Services
Experience
People
Make a Payment

As the global marketplace expands its reach to commercial operations of all sizes,
Harris Beach attorneys help businesses successfully take advantage of growing international trade opportunities and avoid potential legal and regulatory pitfalls unique to cross-border activity.

Various state and federal statutes, regulations and United States-recognized international conventions are triggered when a domestic business conducts cross-border activity, including the disclosure of export-controlled materials to foreign nationals within domestic borders. The interdisciplinary team of professionals at Harris Beach assists business clients in their movement of goods and services across national boundaries on matters including:

European Union-United States Data Transfers

  • Advise on consequences of the Safe Harbor program’s invalidation and interim workarounds under Data Protection Directive 95-46/EC
  • Complete Model Contractual Clauses with business counterparties to continue permissible transmissions of certain data
  • Counsel on the proposed Privacy Shield replacement to Safe Harbor
  • Counsel on General Data Protection Regulation requirements (set to replace Directive 95-46/EC) and configure business protocols to secure commercial advantage

Expert Witness Opinions and Testimony on New York Law

General Business Practices

  • Draft compliance program guidelines for business clients
  • Counsel on the implementation of ongoing compliance programs consistent with governmental requirements or industry standards
  • Advise on best practices and compliance strategies to avoid disproportionate burdens on clients
  • Employ the compliance function as a value-added element of commercial operations
  • Draft contracts to protect a company’s rights in dispute resolution involving overseas parties
  • Provide formal opinions on international contracts subject to New York state law for foreign and domestic law firms, arbitral and judicial authorities, and for business clients

Government Contracting

  • Advise on qualifying and registering as a potential vendor to the government
  • Assist in identifying relevant business opportunities and requests for bids
  • Counsel on the applicability and requirements of Federal Acquisition Regulations and Defense Federal Acquisition Regulations to contractors and subcontractors
  • Respond to audits by government authorities or prime contractors
  • Counsel on ethical considerations of government contracting such as entertainment expenses, political contributions
  • Conduct contract review and negotiation

Import/export Licensing and Controls

  • Advise on handling defense-related articles, services or technical data under the International Trafficking In Arms Regulations (ITAR) as administered by the State Department’s Directorate of Defense Trade Controls
  • Counsel on handling civilian products and technologies that may also have “dual use” military implications under the Export Administration Regulations (EAR) enforced by the Commerce Department’s Bureau of Industry and Security
  • Determine if an export license is necessary for international transactions and, if so, assist with the license application
  • Determine if an export license or documented operational practices are necessary to avoid inadvertent “deemed export” violations of federal law. (If an item otherwise requiring an export license is merely shown to a foreign national within the United States, that item is “deemed” by law to have been exported to that person’s country of citizenship, often giving rise to issues in the context of plant visits or domestic employment of individuals holding dual citizenship). U.S. immigration forms now require U.S. companies to make a determination as to whether a foreign national being sponsored by the company for entry to the U.S. requires an export controls license under EAR or ITAR
  • Update contracts, purchase orders and other written communications for international sales with provisions (some required by law) allocating responsibility for compliance with applicable trade laws, and setting the details of international dispute resolution, if ever needed

International Intellectual Property

Legal Guide to U.S. Foreign Investments

Harris Beach PLLC offers a new legal guide, Foreign Investment in the United States. It is a comprehensive look at the steps foreign entities take and the legal issues to consider when owning and operating a business on U.S. soil. The guide is a resource for foreign corporations in all aspects of U.S. business investment- whether establishing a new enterprise or expanding an existing company with a U.S. location.

United States Economic Sanctions Programs

  • Help navigate various prohibitions or restrictions on doing business in certain designated circumstances embodied in sanctions programs administered by the Treasury Department’s Office of Foreign Assets Control (OFAC)
  • Advise on identifying and carefully exploiting new markets (such as Cuba and Iran) as U.S. sanctions policy changes and General Licenses are expanded
  • Counsel on due diligence investigation of new overseas clients or markets to proactively maximize protection against inadvertent regulatory lapses and resulting government investigations
  • Determine whether an OFAC special license is necessary or desirable to attain commercial advantage and, if so, assist with the licensing process

 

Government Contracting

  • Advised a prominent optical instruments manufacturer on export control issues, and on government procurement implications of a transaction involving the United Kingdom’s Atomic Weapons Establishment
  • Assisted contract managers and compliance officers of various business clients in navigating the application and practical requirements of Federal Acquisition Regulations, Defense Federal Acquisition Regulations and Naval Sea Systems Command (NAVSEA) regulations under federal procurement contracts

Economic Sanctions Compliance

  • Supervised due diligence for a client on international counterparties to a Defense Department contract to determine whether prior enforcement actions or debarment proceedings had occurred in European Union countries involving those counterparties or their principals
  • Performed due diligence for several financial institution clients on foreign businesses and individuals compliant with Know Your Customer and Enhanced Due Diligence requirements of anti-money laundering laws
  • Advised on identifying and carefully exploiting opportunities in Iran for the distribution of products qualifying under an OFAC General License

Export Control Law

  • Developed written protocols domestic manufacturing companies may use when conducting plant visits involving foreign business delegates or employing non-U.S. citizens to avoid inadvertent violations of the federal “deemed export” rule under export control laws
  • Advised on handling defense articles, defense services and technical data under the International Trafficking In Arms Regulations, and handling ‘dual use’ items under the Export Administration Regulations

Cross-Border Contracting

  • Updated contracts, purchase orders and other written communications for international sales with provisions — some required by law — allocating responsibility for compliance with applicable trade laws, and setting the details of international dispute resolution should issues arise with offshore business counterparties

Representation in Enforcement Proceedings

  • Authored written submissions by clients making voluntary disclosures to OFAC and other federal agencies following internal investigations indicating compliance lapses
  • Represented corporate clients and their senior managers during investigations by foreign regulatory or law enforcement authorities in connection with international trade law issues

EU-US Data Transfers

  • Counseled a multinational clinical trials laboratory on permissible methodologies for handling European Union-United States data transfers following invalidation of the Safe Harbor program under Data Protection Directive 95-46/EC, such as by use of Model Contractual Clauses

Practice Leader(s)

Ross Hofherr

Ross B. Hofherr

Member

People

David Clar

David M. Clar

Member
Patrick Dalton

Patrick J. Dalton

Member
Roy Galewski

Roy R. Galewski

Member

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International Trade

Legal Practice

■ Profile

As the global marketplace expands its reach to commercial operations of all sizes,
Harris Beach attorneys help businesses successfully take advantage of growing international trade opportunities and avoid potential legal and regulatory pitfalls unique to cross-border activity.

Various state and federal statutes, regulations and United States-recognized international conventions are triggered when a domestic business conducts cross-border activity, including the disclosure of export-controlled materials to foreign nationals within domestic borders. The interdisciplinary team of professionals at Harris Beach assists business clients in their movement of goods and services across national boundaries on matters including:

■ Services

European Union-United States Data Transfers

  • Advise on consequences of the Safe Harbor program’s invalidation and interim workarounds under Data Protection Directive 95-46/EC
  • Complete Model Contractual Clauses with business counterparties to continue permissible transmissions of certain data
  • Counsel on the proposed Privacy Shield replacement to Safe Harbor
  • Counsel on General Data Protection Regulation requirements (set to replace Directive 95-46/EC) and configure business protocols to secure commercial advantage

Expert Witness Opinions and Testimony on New York Law

General Business Practices

  • Draft compliance program guidelines for business clients
  • Counsel on the implementation of ongoing compliance programs consistent with governmental requirements or industry standards
  • Advise on best practices and compliance strategies to avoid disproportionate burdens on clients
  • Employ the compliance function as a value-added element of commercial operations
  • Draft contracts to protect a company’s rights in dispute resolution involving overseas parties
  • Provide formal opinions on international contracts subject to New York state law for foreign and domestic law firms, arbitral and judicial authorities, and for business clients

Government Contracting

  • Advise on qualifying and registering as a potential vendor to the government
  • Assist in identifying relevant business opportunities and requests for bids
  • Counsel on the applicability and requirements of Federal Acquisition Regulations and Defense Federal Acquisition Regulations to contractors and subcontractors
  • Respond to audits by government authorities or prime contractors
  • Counsel on ethical considerations of government contracting such as entertainment expenses, political contributions
  • Conduct contract review and negotiation

Import/export Licensing and Controls

  • Advise on handling defense-related articles, services or technical data under the International Trafficking In Arms Regulations (ITAR) as administered by the State Department’s Directorate of Defense Trade Controls
  • Counsel on handling civilian products and technologies that may also have “dual use” military implications under the Export Administration Regulations (EAR) enforced by the Commerce Department’s Bureau of Industry and Security
  • Determine if an export license is necessary for international transactions and, if so, assist with the license application
  • Determine if an export license or documented operational practices are necessary to avoid inadvertent “deemed export” violations of federal law. (If an item otherwise requiring an export license is merely shown to a foreign national within the United States, that item is “deemed” by law to have been exported to that person’s country of citizenship, often giving rise to issues in the context of plant visits or domestic employment of individuals holding dual citizenship). U.S. immigration forms now require U.S. companies to make a determination as to whether a foreign national being sponsored by the company for entry to the U.S. requires an export controls license under EAR or ITAR
  • Update contracts, purchase orders and other written communications for international sales with provisions (some required by law) allocating responsibility for compliance with applicable trade laws, and setting the details of international dispute resolution, if ever needed

International Intellectual Property

Legal Guide to U.S. Foreign Investments

Harris Beach PLLC offers a new legal guide, Foreign Investment in the United States. It is a comprehensive look at the steps foreign entities take and the legal issues to consider when owning and operating a business on U.S. soil. The guide is a resource for foreign corporations in all aspects of U.S. business investment- whether establishing a new enterprise or expanding an existing company with a U.S. location.

United States Economic Sanctions Programs

  • Help navigate various prohibitions or restrictions on doing business in certain designated circumstances embodied in sanctions programs administered by the Treasury Department’s Office of Foreign Assets Control (OFAC)
  • Advise on identifying and carefully exploiting new markets (such as Cuba and Iran) as U.S. sanctions policy changes and General Licenses are expanded
  • Counsel on due diligence investigation of new overseas clients or markets to proactively maximize protection against inadvertent regulatory lapses and resulting government investigations
  • Determine whether an OFAC special license is necessary or desirable to attain commercial advantage and, if so, assist with the licensing process

 

■ Experience

Government Contracting

  • Advised a prominent optical instruments manufacturer on export control issues, and on government procurement implications of a transaction involving the United Kingdom’s Atomic Weapons Establishment
  • Assisted contract managers and compliance officers of various business clients in navigating the application and practical requirements of Federal Acquisition Regulations, Defense Federal Acquisition Regulations and Naval Sea Systems Command (NAVSEA) regulations under federal procurement contracts

Economic Sanctions Compliance

  • Supervised due diligence for a client on international counterparties to a Defense Department contract to determine whether prior enforcement actions or debarment proceedings had occurred in European Union countries involving those counterparties or their principals
  • Performed due diligence for several financial institution clients on foreign businesses and individuals compliant with Know Your Customer and Enhanced Due Diligence requirements of anti-money laundering laws
  • Advised on identifying and carefully exploiting opportunities in Iran for the distribution of products qualifying under an OFAC General License

Export Control Law

  • Developed written protocols domestic manufacturing companies may use when conducting plant visits involving foreign business delegates or employing non-U.S. citizens to avoid inadvertent violations of the federal “deemed export” rule under export control laws
  • Advised on handling defense articles, defense services and technical data under the International Trafficking In Arms Regulations, and handling ‘dual use’ items under the Export Administration Regulations

Cross-Border Contracting

  • Updated contracts, purchase orders and other written communications for international sales with provisions — some required by law — allocating responsibility for compliance with applicable trade laws, and setting the details of international dispute resolution should issues arise with offshore business counterparties

Representation in Enforcement Proceedings

  • Authored written submissions by clients making voluntary disclosures to OFAC and other federal agencies following internal investigations indicating compliance lapses
  • Represented corporate clients and their senior managers during investigations by foreign regulatory or law enforcement authorities in connection with international trade law issues

EU-US Data Transfers

  • Counseled a multinational clinical trials laboratory on permissible methodologies for handling European Union-United States data transfers following invalidation of the Safe Harbor program under Data Protection Directive 95-46/EC, such as by use of Model Contractual Clauses

■ People

Team Leaders

Ross B. Hofherr

Member
(212) 313-5482
rhofherr@harrisbeach.com

Team

David M. Clar

Member
(585) 419-8712
dclar@harrisbeach.com

Patrick J. Dalton

Member
(585) 419-8607
pdalton@harrisbeach.com

Roy R. Galewski

Member
(585) 419-8661
rgalewski@harrisbeach.com

Ross B. Hofherr

Member
(212) 313-5482
rhofherr@harrisbeach.com

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of April 1, 2023 10:51 pm
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