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Mergers & Acquisitions

International enterprises face unique challenges when merging with or acquiring entities. Mergers and acquisitions of entities holding a federal license such as a customs broker license or Federal Maritime Commission license also pose complex M&A issues. Care must be taken to ensure that the entities involved in the transaction comply with all licensing requirements throughout the transaction so as to both avoid penalties and also retain their valuable licenses that can take months to replace if canceled by operation of law. When counseling clients during mergers or acquisitions, we formulate creative restructuring approaches to comply with applicable administrative regulations.

We have counseled freight forwarders and NVOCCs in valuing their operations for the purpose of selling shares or assets. We counsel on how to market and effectively find a buyer for going concerns, and assist in maximizing a business’ value to obtain the highest return possible. For clients acquiring entities, we assist in evaluating options for outside financing and perform due diligence from a regulatory perspective so that the acquiring company does not unknowingly assume liability for the target’s existing export control or Customs violations.

From the Trade Blog RSS Feed

August A Busy Month For Export Control Regulation Amendments: Changes to the ITAR Dual-National Rule and Commodity Jurisdiction Process (Aug. 15, 2010)
The Court of International Trade Confirms that CBP Has Unlimited Time to Decide Protests (Jul. 22, 2010)
Freight Forwarder Settles Charge of Antiboycott Violation for Furnishing Negative Certification of Origin on Shipper’s Invoice (Jun. 30, 2010)
When Is A Part A “Part of General Use?” The Federal Circuit Answers (Jun. 8, 2010)
Hong Kong alternative to China unions? (Jun. 4, 2010)
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Trade Law Bulletin

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Trade Events

Complying With U.S. Export Controls (January 26 & 27, 2010, Phoenix, AZ)
CBP Trade Symposium 2009 (Dec. 8-10, 2009, Washington, D.C.)
The Doha Round: Can We Get to Yes? (Nov. 19, 2009, Washington, D.C.)
How to Develop an Export Management and Compliance Program (Nov. 18 & 19, 2009, Seattle, WA)
Export Controls - Compliance and Best Business Practices (Nov. 18, 2009, Miami, FL)
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Trade Resources

Harmonized Tariff Schedule of the United States
Export Administration Regulations
International Traffic in Arms Regulations
Federal Maritime Commission Regulations
Food and Drug Administration Regulations
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