Reliability and efficiency of a company's supply chain has become a focal point in today's global business environment. Recent focus on terrorism control and border safety has led to increased scrutiny by U.S. regulators - evidenced by the creation of a new government organization (U.S. Department of Homeland Security) focused on our nation's security. These laws are the keystone controls designed to prevent terrorists and similar groups from gaining access to U.S. facilities, technologies and funds. Violations of these laws can carry significant civil and criminal penalties. U.S. companies accordingly have come to realize the value of compliance.
Holland & Hart, LLP has responded to this demand by assembling a group of lawyers who specialize in international trade, import control, and Customs compliance defense and counseling. Holland & Hart attorneys have practical experience in import compliance, enforcement actions and assisting with various trade compliance matters, including: development of compliance programs, C-TPAT participation, ruling requests, protest/petitions, valuation matters, country of origin determinations, duty preference programs (e.g., North American Free Trade Agreement, Generalized System of Preferences, etc.), Customs audits, voluntary disclosures and defense in seizure and enforcement actions.
Located in the Mountain West region, Holland & Hart can offer this specialized practice at a fee level remarkably lower than similarly placed firms in Washington, D.C. Backed by one of the nation's leading litigation departments, our international trade lawyers can bring significant resources to a company's defense in the event of an import compliance investigation.
"Discretion" in this area is important. With import control violations so closely tied to national security and public policy, we strive to resolve matters in a discrete fashion that minimizes public scrutiny and the associated damage to a company's goodwill. Importantly, our trade attorneys understand the practical implications of supply chain disruptions, and have the tools and experience to mitigate these exposures.
HHCMS Compliance Program
To complement its practice in the area, the firm developed the HHCMS compliance training system. Originally launched for space companies dealing with the difficulties of compliance with U.S. export control laws when engaged in multi-national projects, the system is now used by a variety of industries engaged in international commerce ranging from construction to pharmaceuticals. For more information, view our HHCMS page.
Representative Import/Customs control matters include:
- a communications equipment company internally investigating past violations and preparation of a comprehensive voluntary self-disclosure to U.S. Customs and Border Protection
- a storage accessory manufacturer preparing for C-TPAT validation and development of a corporate import compliance program
- a chemical manufacturer investigating NAFTA origin certificate inquiries and validating methodologies used for certification
- a pharmaceutical importer charged with violating U.S. intellectual property law and facing seizure of imported merchandise
- a technical ceramics manufacturer investigating provision of Customs services to its subsidiaries
As part of our practice, we routinely conduct internal reviews and assist in compliance training and management. We also prepare ruling requests and voluntary self-disclosure documents for submission to U.S. Customs and Border Protection. Our clients in this area include small companies, as well as multi-national corporations engaged in everything from construction to space exploration.
