International Trade and Customs Law
International Trade and Customs Law Group
Whether assisting governments in formulating trade and economic policies that are compliant with international trade agreements, representing companies in trade remedy cases or managing the details of a customs audit, the Fasken Martineau International Trade and Customs Law Group brings a wealth of knowledge, judgement and expertise to problem-solving and planning in international and domestic trade issues.
Trade Remedy Advice
Fasken Martineau counsels and represents domestic and foreign companies on trade-related matters. We have a thriving anti-dumping, countervailing duty and safeguard practice, and our lawyers have represented clients in over thirty trade remedy investigations. In addition to the traditional anti-dumping and countervailing duty investigation work, a significant portion of the practice is devoted to counselling clients on avoiding such investigations, with internal pricing and marketing strategies designed to minimise the risk of a trade remedy action and to ensure that financial assistance packages are not countervailable.
Our customs law practice covers the range of activities under the jurisdiction of the Canada Border Security Agency, including customs valuation, tariff classification, duty deferral, customs seizures and forfeitures, quota issues, compliance verification audits and NAFTA audits. We also do a significant amount of work in import and export controls.
In the area of government procurement, the Government of Canada is the largest purchaser of goods and services. Fasken Martineau draws upon its strengths in trade advice and litigation to act for clients who supply various levels of government. Firm lawyers assist in the resolution of government procurement disputes and when necessary, launch legal challenges before the CITT in respect of government contract awards.
Trade Advisory Services
We provide legal, trade policy and consulting services to governments, including legislative drafting, litigation and general policy advice. Currently, we are part of a multidisciplinary team advising the Government of Vietnam in its application to join the WTO. In the past, our lawyers have had a number of long term policy advice contracts to advise foreign governments on international trade issues. Clients have included the Government of the Bahamas, the Government of the Russian Federation in its application to join the GATT and later the WTO and the Government of Kyrgyzstan.
Canada is party to well over twenty international trade agreements, both multilateral and bilateral. In addition to the WTO Agreements and NAFTA, Canada is a party to bilateral free trade agreements with Chile, Israel and Costa Rica, and is currently negotiating trade agreements with a number of other countries. We assist our clients in understanding and integrating these trade agreements into their business plans, both in terms of compliance with obligations and in extracting the maximum market access benefits from such agreements. We are particularly well equipped to do so in view of the participation of a number of our lawyers in the negotiation and drafting of a number of these agreements. Fasken Martineau lawyers have been extensively involved in providing advice in relation to investor-state and NAFTA Chapter 11 investment arbitrations.
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