International Trade
The Chambers-ranked Bass, Berry & Sims International Trade Practice Group helps clients solve problems when investing, operating, and transacting across borders. We advise clients on their most challenging issues related to:
- Economic sanctions administered by the Department of Treasury, Office of Foreign Assets Control (OFAC) and U.S. State Department.
- Export controls including the International Traffic in Arms Regulations (ITAR) administered by the U.S. State Department, Directorate of Defense Trade Controls (DDTC) and the Export Administration Regulations (EAR) administered by the U.S. Commerce Department, Bureau of Industry and Security (BIS).
- Customs, tariff, and other import rules and regulations maintained by the U.S. Department of Homeland Security, Bureau of Customs and Border Protection (CBP).
- Anti-bribery and anti-corruption (ABAC) laws, including the Foreign Corrupt Practices Act (FCPA), maintained by the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC).
- Foreign investment in the United States involving security and other reviews undertaken by the Committee on Foreign Investment in the United States (CFIUS).
- Anti-boycott regulations administered by the U.S. Commerce Department, Office of Antiboycott Compliance (OAC) and the Department of Treasury, Internal Revenue Service.
- Anti-money laundering (AML) laws maintained by the U.S. government, including the DOJ and the Financial Crimes Enforcement Network (FinCEN).
Our clients include individuals and entities ranging from organizations with minor operations outside the United States to some of the largest companies in the world. We provide practical guidance and recommendations tailored to our clients’ needs, risk appetite, and business objectives.
Services Provided
- Evaluating current and prospective trade risks across regulatory regimes
- Developing risk-based compliance programs and strategies
- Addressing day-to-day compliance questions
- Crafting and implementing compliance policies, procedures, and training
- Counseling on cross-border mergers and acquisitions (M&A)
- Advising investors and sellers on CFIUS strategy and submissions
- Conducting due diligence
- Preparing and managing compliance audits
- Implementing process enhancements and corrective actions
- Leading and conducting internal investigations
- Supporting voluntary disclosures and other government notifications
- Representing clients in front of regulatory bodies in enforcement and de-listing matters
What Sets Us Apart
- Comprehensive Coverage of Trade Issues: Unlike firms that focus on specific practice areas, we offer a broad spectrum of international trade capabilities, encompassing U.S. economic sanctions (OFAC), export controls (ITAR and EAR), import controls (CBP), ABAC (including the FCPA), CFIUS, U.S. anti-boycott law, and AML. With our unique breadth of knowledge and experience, we help clients identify and address the varied trade issues they may encounter when operating across borders.
- Integrated Knowledge Across Practices: Our International Trade Practice Group collaborates with other firm practice areas such as Government Contracts, Intellectual Property & Technology, Labor & Employment, and Mergers & Acquisitions to provide full-service capabilities. Our team also forms part of the firm’s Compliance & Government Investigations group, and we can call on the extensive experience of other members of that group when needed for intensive internal and government investigations. The result is that clients receive comprehensive and coordinated legal advice, with an emphasis on practical solutions tailored to their unique needs.
- Global Reach Through Strategic Partnerships: Through our firm's active membership in Lex Mundi, the world's leading association of independent law firms, our attorneys and clients have direct access to more than 300 preeminent law firms in more than 125 countries around the world. We leverage these and other relationships to offer support to our clients that reflects the local politics, customs, and cultures impacting our clients’ business.
- Thought Leaders At Every Level: Our practice is at the forefront of international trade issues, contributing in-depth analysis and insights to major publications and industry forums. We regularly comment on economic sanctions, export and import controls, anti-corruption matters, CFIUS, and other trade issues in national media and our firm’s GovCon & Trade blog.
Areas of Focus
The U.S. government continues to vigorously enforce export laws and regulations. Large penalties are common – including penalties that limit companies’ abilities to transact in the U.S. market. More U.S. government personnel within more U.S. government agencies are taking an active role in export enforcement. U.S. officials are increasingly cooperating with their non-U.S. counterparts.
Our attorneys understand the pressures that exporters are under. The profits of many government contractors are being squeezed by their biggest customer, the U.S. government. Manufacturing companies are facing increased competition from China, India, Taiwan, Vietnam, and elsewhere. Non-U.S. technology engineers are eager to work with U.S. companies and share U.S. technical data.
Our international trade team can help. Sometimes it is as simple as assisting in the preparation of a license application or an ITAR registration. Other times, we will help a client conduct an EAR and ITAR audit and develop recommendations for compliance enhancements. We routinely partner with clients to prepare and deliver training – whether high-level training for executives or nuts and bolts education for personnel regularly involved in export activity. And we represent clients in front of the government: for one large defense contractor, we conducted multiple investigations and provided support on numerous voluntary disclosures.
Perhaps no area of international business compliance has received more attention in the recent past than anti-corruption.
From defense contractors seeking export sales in the Middle East, to manufacturers seeking to import and sell products into Asia and Latin America, to energy companies sending equipment and personnel to West Africa and other parts of the oil patch, to medical device companies seeking to do business with state-owned hospitals and state-employed doctors in Europe, companies must protect against the corruption that often occurs when goods, services or people move across international borders.
It is therefore essential that companies and individuals understand the U.S. Foreign Corrupt Practices Act (FCPA), and particularly the aggressive manner in which the U.S. government is interpreting and enforcing the law: seemingly simple terms – such as “payment,” “foreign official” and “instrumentality” – are being defined much more broadly than their common usage would suggest.
Our trade team works closely with clients to tailor solutions to their most challenging corruption compliance issues. Visit our FCPA Practice page to learn more about the team and our experience providing advice on and conducting investigations of anti-corruption compliance matters.
In today’s volatile tariff environment, managing supply chains has become increasingly challenging. The unpredictability of tariffs can significantly impact the cost and timing of imports, leading to delays and additional expenses. Misclassification or underpayment of duties can exacerbate these issues, causing further delays and potential penalties. We help our clients navigate these complexities by efficiently handling routine import issues, such as evaluating the applicability of various tariff regimes, communicating with customs about liquidated damages claims, and making necessary petitions and other filings.
We also address more significant issues like prior disclosures and steer clients through internal customs reviews and investigations, including matters involving fraud charges. Additionally, we collaborate with clients on country of origin determinations, often working with our colleagues in our Government Contracts practice to evaluate eligibility under the Buy American Act (BAA) and Trade Agreements Act (TAA). We also work with clients on country of origin matters for complying with Federal Trade Commission (FTC) marking rules. At the more strategic level, we partner with clients on developing manufacturing processes to manage tariffs, country of origin determinations, and other import strategies.
U.S. anti-boycott law is extremely fact-specific. Language in an RFP or Power of Attorney that is permissible under the Commerce Department regulations may be penalized under the Treasury regulations. It is essential to review potentially problematic language carefully and consult the exhaustive guidance that both Commerce and Treasury have issued. We regularly advise clients – including in the defense, energy, engineering, financial services, and manufacturing industries – on whether specific language triggers the anti-boycott provisions, and whether reporting is required. And we have assisted, when it was necessary, to voluntarily disclose anti-boycott provisions not reported to the government in a timely manner.
No area of international trade changes more rapidly than U.S. economic sanctions. In recent years, hot topics have included Cuba, Iran, Russia and Venezuela, as well as designations of prohibited parties in many other countries because of those parties’ involvement in human rights abuses, cyber crime, trade with sanctioned countries, weapons proliferation, and other actions that threaten U.S. national security. Our trade team knows that changing U.S. foreign policy results in a changing compliance landscape.
A host of industries is directly and significantly impacted. For instance, the financial services sector, as it attempts to process millions of cross-border transactions every day, is uniquely affected by U.S. sanctions. Aviation companies, both in the defense and commercial sector, must keep close track of their compliance obligations. Energy companies, with disparate operations around the world, must ensure they understand what they can do – and what they can’t do.
Tactical issues abound as well. For example, we have helped clients consider whether loosening U.S. restrictions on Cuba and Sudan present opportunities, and how to manage the challenges of doing business in Russia. And we have helped non-U.S. companies understand just how far U.S. sanctions jurisdiction extends over those companies’ operations. Our international trade team assists clients with these types of matters as well as the many routine – and less routine – sanctions compliance issues that arise in the context of international business.
Featured Experience
-
We advised a global services provider on trade compliance issues involving economic sanctions, export controls, the Foreign Corrupt Practices Act...
-
We represented a high-tech equipment manufacturer in conducting a complex internal investigation and making related disclosures to multiple U.S. federal...
-
We guided a U.S. private equity firm through its acquisition of a defense contractor with significant international operations. We led...
-
We counseled a U.S. government contractor client through a successful Committee on Foreign Investment in the United States (CFIUS) review...
-
We are regularly called upon to advise a growing oilfield services company to understand and comply with their obligations under...
The Chambers-ranked Bass, Berry & Sims International Trade Practice Group helps clients solve problems when investing, operating, and transacting across borders. We advise clients on their most challenging issues related to:
- Economic sanctions administered by the Department of Treasury, Office of Foreign Assets Control (OFAC) and U.S. State Department.
- Export controls including the International Traffic in Arms Regulations (ITAR) administered by the U.S. State Department, Directorate of Defense Trade Controls (DDTC) and the Export Administration Regulations (EAR) administered by the U.S. Commerce Department, Bureau of Industry and Security (BIS).
- Customs, tariff, and other import rules and regulations maintained by the U.S. Department of Homeland Security, Bureau of Customs and Border Protection (CBP).
- Anti-bribery and anti-corruption (ABAC) laws, including the Foreign Corrupt Practices Act (FCPA), maintained by the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC).
- Foreign investment in the United States involving security and other reviews undertaken by the Committee on Foreign Investment in the United States (CFIUS).
- Anti-boycott regulations administered by the U.S. Commerce Department, Office of Antiboycott Compliance (OAC) and the Department of Treasury, Internal Revenue Service.
- Anti-money laundering (AML) laws maintained by the U.S. government, including the DOJ and the Financial Crimes Enforcement Network (FinCEN).
Our clients include individuals and entities ranging from organizations with minor operations outside the United States to some of the largest companies in the world. We provide practical guidance and recommendations tailored to our clients’ needs, risk appetite, and business objectives.
Services Provided
- Evaluating current and prospective trade risks across regulatory regimes
- Developing risk-based compliance programs and strategies
- Addressing day-to-day compliance questions
- Crafting and implementing compliance policies, procedures, and training
- Counseling on cross-border mergers and acquisitions (M&A)
- Advising investors and sellers on CFIUS strategy and submissions
- Conducting due diligence
- Preparing and managing compliance audits
- Implementing process enhancements and corrective actions
- Leading and conducting internal investigations
- Supporting voluntary disclosures and other government notifications
- Representing clients in front of regulatory bodies in enforcement and de-listing matters
What Sets Us Apart
- Comprehensive Coverage of Trade Issues: Unlike firms that focus on specific practice areas, we offer a broad spectrum of international trade capabilities, encompassing U.S. economic sanctions (OFAC), export controls (ITAR and EAR), import controls (CBP), ABAC (including the FCPA), CFIUS, U.S. anti-boycott law, and AML. With our unique breadth of knowledge and experience, we help clients identify and address the varied trade issues they may encounter when operating across borders.
- Integrated Knowledge Across Practices: Our International Trade Practice Group collaborates with other firm practice areas such as Government Contracts, Intellectual Property & Technology, Labor & Employment, and Mergers & Acquisitions to provide full-service capabilities. Our team also forms part of the firm’s Compliance & Government Investigations group, and we can call on the extensive experience of other members of that group when needed for intensive internal and government investigations. The result is that clients receive comprehensive and coordinated legal advice, with an emphasis on practical solutions tailored to their unique needs.
- Global Reach Through Strategic Partnerships: Through our firm's active membership in Lex Mundi, the world's leading association of independent law firms, our attorneys and clients have direct access to more than 300 preeminent law firms in more than 125 countries around the world. We leverage these and other relationships to offer support to our clients that reflects the local politics, customs, and cultures impacting our clients’ business.
- Thought Leaders At Every Level: Our practice is at the forefront of international trade issues, contributing in-depth analysis and insights to major publications and industry forums. We regularly comment on economic sanctions, export and import controls, anti-corruption matters, CFIUS, and other trade issues in national media and our firm’s GovCon & Trade blog.
Areas of Focus
The U.S. government continues to vigorously enforce export laws and regulations. Large penalties are common – including penalties that limit companies’ abilities to transact in the U.S. market. More U.S. government personnel within more U.S. government agencies are taking an active role in export enforcement. U.S. officials are increasingly cooperating with their non-U.S. counterparts.
Our attorneys understand the pressures that exporters are under. The profits of many government contractors are being squeezed by their biggest customer, the U.S. government. Manufacturing companies are facing increased competition from China, India, Taiwan, Vietnam, and elsewhere. Non-U.S. technology engineers are eager to work with U.S. companies and share U.S. technical data.
Our international trade team can help. Sometimes it is as simple as assisting in the preparation of a license application or an ITAR registration. Other times, we will help a client conduct an EAR and ITAR audit and develop recommendations for compliance enhancements. We routinely partner with clients to prepare and deliver training – whether high-level training for executives or nuts and bolts education for personnel regularly involved in export activity. And we represent clients in front of the government: for one large defense contractor, we conducted multiple investigations and provided support on numerous voluntary disclosures.
Perhaps no area of international business compliance has received more attention in the recent past than anti-corruption.
From defense contractors seeking export sales in the Middle East, to manufacturers seeking to import and sell products into Asia and Latin America, to energy companies sending equipment and personnel to West Africa and other parts of the oil patch, to medical device companies seeking to do business with state-owned hospitals and state-employed doctors in Europe, companies must protect against the corruption that often occurs when goods, services or people move across international borders.
It is therefore essential that companies and individuals understand the U.S. Foreign Corrupt Practices Act (FCPA), and particularly the aggressive manner in which the U.S. government is interpreting and enforcing the law: seemingly simple terms – such as “payment,” “foreign official” and “instrumentality” – are being defined much more broadly than their common usage would suggest.
Our trade team works closely with clients to tailor solutions to their most challenging corruption compliance issues. Visit our FCPA Practice page to learn more about the team and our experience providing advice on and conducting investigations of anti-corruption compliance matters.
In today’s volatile tariff environment, managing supply chains has become increasingly challenging. The unpredictability of tariffs can significantly impact the cost and timing of imports, leading to delays and additional expenses. Misclassification or underpayment of duties can exacerbate these issues, causing further delays and potential penalties. We help our clients navigate these complexities by efficiently handling routine import issues, such as evaluating the applicability of various tariff regimes, communicating with customs about liquidated damages claims, and making necessary petitions and other filings.
We also address more significant issues like prior disclosures and steer clients through internal customs reviews and investigations, including matters involving fraud charges. Additionally, we collaborate with clients on country of origin determinations, often working with our colleagues in our Government Contracts practice to evaluate eligibility under the Buy American Act (BAA) and Trade Agreements Act (TAA). We also work with clients on country of origin matters for complying with Federal Trade Commission (FTC) marking rules. At the more strategic level, we partner with clients on developing manufacturing processes to manage tariffs, country of origin determinations, and other import strategies.
U.S. anti-boycott law is extremely fact-specific. Language in an RFP or Power of Attorney that is permissible under the Commerce Department regulations may be penalized under the Treasury regulations. It is essential to review potentially problematic language carefully and consult the exhaustive guidance that both Commerce and Treasury have issued. We regularly advise clients – including in the defense, energy, engineering, financial services, and manufacturing industries – on whether specific language triggers the anti-boycott provisions, and whether reporting is required. And we have assisted, when it was necessary, to voluntarily disclose anti-boycott provisions not reported to the government in a timely manner.
No area of international trade changes more rapidly than U.S. economic sanctions. In recent years, hot topics have included Cuba, Iran, Russia and Venezuela, as well as designations of prohibited parties in many other countries because of those parties’ involvement in human rights abuses, cyber crime, trade with sanctioned countries, weapons proliferation, and other actions that threaten U.S. national security. Our trade team knows that changing U.S. foreign policy results in a changing compliance landscape.
A host of industries is directly and significantly impacted. For instance, the financial services sector, as it attempts to process millions of cross-border transactions every day, is uniquely affected by U.S. sanctions. Aviation companies, both in the defense and commercial sector, must keep close track of their compliance obligations. Energy companies, with disparate operations around the world, must ensure they understand what they can do – and what they can’t do.
Tactical issues abound as well. For example, we have helped clients consider whether loosening U.S. restrictions on Cuba and Sudan present opportunities, and how to manage the challenges of doing business in Russia. And we have helped non-U.S. companies understand just how far U.S. sanctions jurisdiction extends over those companies’ operations. Our international trade team assists clients with these types of matters as well as the many routine – and less routine – sanctions compliance issues that arise in the context of international business.
Experience
-
We advised a global services provider on trade compliance issues involving economic sanctions, export controls, the Foreign Corrupt Practices Act...
-
We represented a high-tech equipment manufacturer in conducting a complex internal investigation and making related disclosures to multiple U.S. federal...
-
We guided a U.S. private equity firm through its acquisition of a defense contractor with significant international operations. We led...
-
We counseled a U.S. government contractor client through a successful Committee on Foreign Investment in the United States (CFIUS) review...
-
We are regularly called upon to advise a growing oilfield services company to understand and comply with their obligations under...
-
We provided industry-specific guidance to an apparel and footwear company to assess the impact of customs regulations on its supply...
-
We assessed the tariff exposure of an automobile and appliance parts manufacturer with a global supply chain subject to multiple...
-
We analyzed products for eligibility under the United States-Mexico-Canada Agreement and the U.S. Trade Agreements Act for multiple U.S. and...
-
We represented Facility Services Management, Inc. (FSI), a premier business services company specializing in facility maintenance and management, medical facility...
-
We guided a U.S. defense contractor in the CFIUS review resulting from its acquisition by a European defense contractor.
-
In October 2023, Bass, Berry & Sims represented AQuity Solutions, in its sale to IKS Health - a technology-backed care...
-
Bass, Berry & Sims advised Kanders & Company, Inc., a U.S.-based single-family office owned and controlled by Warren B. Kanders,...
-
We advised a high-profile foreign buyer on whether a CFIUS filing was required in connection with its acquisition of a...
-
For one of the world’s best-known manufacturers, we provide regular guidance on understanding and complying with U.S. sanctions on Venezuela....
-
We counseled a non-U.S. private equity firm in analyzing the need for a CFIUS filing related to the firm’s acquisition...
Experience
-
We advised a global services provider on trade compliance issues involving economic sanctions, export controls, the Foreign Corrupt Practices Act...
-
We represented a high-tech equipment manufacturer in conducting a complex internal investigation and making related disclosures to multiple U.S. federal...
-
We guided a U.S. private equity firm through its acquisition of a defense contractor with significant international operations. We led...
-
We counseled a U.S. government contractor client through a successful Committee on Foreign Investment in the United States (CFIUS) review...
-
We are regularly called upon to advise a growing oilfield services company to understand and comply with their obligations under...
-
We provided industry-specific guidance to an apparel and footwear company to assess the impact of customs regulations on its supply...
-
We assessed the tariff exposure of an automobile and appliance parts manufacturer with a global supply chain subject to multiple...
-
We analyzed products for eligibility under the United States-Mexico-Canada Agreement and the U.S. Trade Agreements Act for multiple U.S. and...
-
We represented Facility Services Management, Inc. (FSI), a premier business services company specializing in facility maintenance and management, medical facility...
-
We guided a U.S. defense contractor in the CFIUS review resulting from its acquisition by a European defense contractor.
-
In October 2023, Bass, Berry & Sims represented AQuity Solutions, in its sale to IKS Health - a technology-backed care...
-
Bass, Berry & Sims advised Kanders & Company, Inc., a U.S.-based single-family office owned and controlled by Warren B. Kanders,...
-
We advised a high-profile foreign buyer on whether a CFIUS filing was required in connection with its acquisition of a...
-
For one of the world’s best-known manufacturers, we provide regular guidance on understanding and complying with U.S. sanctions on Venezuela....
-
We counseled a non-U.S. private equity firm in analyzing the need for a CFIUS filing related to the firm’s acquisition...
Professionals
| Name | Phone | |
|---|---|---|
|
Faith Dibble International Trade Attorney |
(202) 827-2965 | faith.dibble@bassberry.com |
|
Thaddeus R. McBride Member |
+1 (202) 827-2959 | tmcbride@bassberry.com |
|
James Parkinson Member |
+1 (202) 827-2955 | James.Parkinson@bassberry.com |
|
Sylvia Yi Counsel |
(202) 827-2993 | Sylvia.Yi@bassberry.com |
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"Bass, Berry & Sims PLC represents a range of clients in export controls and economic sanctions matters. The team is experienced in handling EAR, OFAC and ITAR issues." Client feedback: "Bass, Berry & Sims can expertly and efficiently handle a wide array of complex issues and ensure that those issues are explained in a way that makes sense." and "Bass, Berry & Sims does an excellent job of providing analysis of relevant laws, regulations and provides an opinion that is balanced and easy to understand." and "Bass, Berry & Sims provide a very practical and streamlined approach throughout the globe."
From Chambers USA 2025
