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International Trade

The International Trade practice at McKenna Long & Aldridge (MLA) is nationally recognized by Chambers USA as having "experience, deep knowledge and [the] ability to predict government movements." It has grown in response to increased globalization as well as the complex set of U.S. and International regulations governing global trade. We have brought together a diverse group of lawyers and trade policy professionals who ably address client needs across the full spectrum of challenges presented by global trade. One of our core strengths comes from the ability to offer clients a broad range of services and tailor teams appropriate for nearly any related trade issue. MLA's team assists clients in all aspects of International Trade, from moving goods, services, capital and technology across national boundaries, to helping companies comply with global anti-corruption enforcement. With offices across the U.S. and in Brussels, we are uniquely suited to help both U.S. and overseas companies with their legal and regulatory needs or development of their market share.

We offer counseling and representation in the following areas:

Export Regulation: MLA attorneys have unprecedented experience handling issues arising from U.S. export control regulations, including the International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), and the regulations imposed by the Office of Foreign Assets Control (OFAC). Our attorneys have worked closely with clients regarding all aspects of export regulation, including compliance issues (such as designing and maintaining a proper compliance program), product classification and licensing, audits, and due diligence reviews (domestically and internationally).

Foreign Corrupt Practices Act (FCPA): To aid our clients in navigating through the complex global business environment, our attorneys and public-policy advisors have assisted U.S. and multi-national corporations in successfully meeting their obligations under the FCPA, the new UK Bribery Act, as well as the ever-growing list of international anti-corruption conventions, including the OECD Anti-Bribery Convention, the U.N. Convention against Corruption, and the Inter-American Convention against Corruption.  Our attorneys have extensive experience designing and implementing FCPA compliance programs and managing global compliance audits.

Anti-boycott Regulations: MLA has been actively engaged in representing clients before the Department of Commerce’s Office of Anti-boycott Compliance (OAC) since the anti-boycott regulations were first promulgated in the 1970s. We have regularly counseled our clients on compliance with both the Department of Commerce’s regulation and the IRS’s anti-boycott regulations, and have defended OAC investigations and made voluntary disclosures.

CFIUS Investigations: The interagency body established to review the impact of foreign acquisitions of U.S. companies, the Committee on Foreign Investment in the U.S. (CFIUS), is located within the Treasury Department. MLA has extensive experience in this area, and has been involved in this practice from its inception when the Defense Production Act was first implemented in 1950.

International Dispute Resolution: MLA attorneys have vast experience handling disputes in the international arena, including through arbitration, litigation, and mediation.  We have extensive International commercial arbitration experience before all major arbitral institutions, such as the International Chamber of Commerce's International Court of Arbitration; the London Court of International Arbitration (LCIA); the International Centre for the Settlement of Investment Disputes (ICSID); the American Arbitration Association (international rules); the Inter-American Commercial Arbitration Commission; regional centers such as CEPANI in Brussels and Latin American institutions.  Further, the lawyers of our International Litigation practice group have substantial experience in all stages of international dispute resolution, including claims formation, negotiation strategies, representation before U.S. and foreign regulatory agencies, and litigation of international disputes in foreign and U.S. courts.  We are experienced in the law of the World Trade Organization (WTO), including the WTO dispute resolution process.  Finally, our attorneys are experienced in all aspects of mediation and how each of the organizations incorporates it into their rules.   

Market Access: We have been involved as litigation counsel in some of the largest trade cases on record. Our practice is active in efforts to obtain market access and to limit trade-distorting practices and other trade restrictions through bilateral, plurilateral and multilateral negotiations involving interested governments, and through litigation where warranted. We are experienced in international investigatory work.

International Trade Policy: As more and more businesses engage in global commerce, we understand that on many issues, a coordinated strategy is in the best interest all parties involved. Our public policy and trade specialists play a key role in shaping International Trade policy with Canada, Korea and China. Attorneys and professionals in our Canada-U.S. Cross-Border Practice draw on legal, government and industry experience throughout the firm to provide our clients with strategies that are effective in both the legal and policy arenas.  We also have robust practice groups and industry specialists that help shape trade policy for Korea and China.   We have been continuously engaged in market access initiatives involving Japan for over thirty years and China for twenty years.

Analytic Studies: We have performed many analytic studies on international subjects, including foreign industrial and research promotion policies, anticompetitive practices; sectoral studies in many countries in Europe and Asia; and the formation of trade policy and the functioning of trade regimes. We have published numerous books, academic articles and client studies on such subjects.