International trade
Doing business internationally offers opportunities. At the same time, companies operating across borders must comply with an ever-increasing set of national, European and international rules. Agorax helps companies navigate this complexity: from practical compliance issues to the most sensitive enforcement matters.
We advise and litigate in all areas of international trade law, with a particular focus on export controls, sanctions regulations and customs law. Our practice covers the full spectrum of international trade law – from practical compliance issues and routine licence applications to the most complex and sensitive matters, such as borderline cases involving dual-use classification and technology transfer, and critical enforcement investigations where criminal liability risks for directors are at stake. In addition, we provide strategic advice on international transactions, advising on proper compliance with both national and international trade regulations.
We draft contracts, policy documents and internal compliance programmes relating to compliance with international trade law. We also conduct internal investigations into potential breaches and liaise with the regulatory authority where necessary. We offer support with complex customs issues and the use of free trade agreements, ensuring compliance with regulations governing dual-use goods, software and technology, due diligence in mergers and acquisitions, and the handling of logistics and transport matters. In addition, we provide bespoke training and educational programmes.
With clear advice, practical solutions and careful guidance, we relieve our clients of as many concerns as possible regarding compliance with international trade law, so that they can continue to focus on their core activities. As a permanent strategic partner, we think proactively alongside them: about today’s issues as well as tomorrow’s challenges and ambitions.
Where disputes arise, we work closely with our litigation practice. This enables us to assist clients effectively in legal proceedings and enforcement matters. In this way, we offer clients a seamlessly integrated approach under one roof.
Our areas of expertise include:
- The export of dual-use goods, military goods, software, technology and technical assistance.
- Export control classifications, classification issues and classification requests.
- Export licences, general authorisations and licensing procedures with national and international authorities.
- Customs law, preferential origin, tariff classification and free trade agreements.
- Legal issues at the intersection of export control, transport and international logistics.
- Assistance in administrative, civil and criminal enforcement proceedings.
- Voluntary disclosures to Dutch and foreign authorities.
- The design, assessment and implementation of Trade Compliance Programmes (ICPs).
- Export control and due diligence in relation to mergers, acquisitions, investments and joint ventures.
- Advice on knowledge security, intangible technology transfers and the application of catch-all provisions.
A selection of cases in which our team has been involved:
- Advising one of the world’s largest suppliers to the automotive industry on the export control classification of its entire product portfolio and advising on the legal implications.
- Successfully defending a company specialising in the processing of steel and non-ferrous metals in a customs dispute concerning the preferential origin of goods.
- Conducting an export control and knowledge security analysis for a university to assess the risks relating to export control and strategic technology.
- Export control classification of advanced semiconductor technology and manufacturing equipment, including advice on licensing requirements and export restrictions.
- Assisting a Dutch cybersecurity company with the classification of its products as cyber-surveillance items and advising on the applicable export control obligations.
- Successfully assisting a listed multinational with the implementation of an Internal Compliance Programme (ICP) approved by the competent authorities and obtaining global export licences after its products had been classified as dual-use goods.
- Advising a Dutch deep-tech company on the customs and export control classification of innovative technology and the application of the catch-all provisions.