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International Trade in a Legal Context


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Key issues of international trade, explaining the application of laws in multiple jurisdictions/laws and assisting in creating a successful globalization strategy.

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International Trade in a Legal Context

  1. 1. z Presented by Vinita Mehra December 19, 2017 INTERNATIONAL TRADEin a Legal Context – Key Issues
  2. 2. z Goods, services, technology, contract rights, money and/or people are moving from one market or legal jurisdiction to another market or legal jurisdiction
  3. 3. z The cross-border nature of the trade and exchange means that the law of two jurisdictions or markets/countries apply to the transaction as well as principles of international law
  4. 4. z Exports from a Market = Imports Into a Market Export Goods Services, Technology, IP, People, Money from USA Import Goods Services, Technology, IP, People, Money into Foreign Market
  5. 5. z Global Expansion is BIG BUSINESS 45% of mid-market companies make their revenue internationally
  6. 6. z Global Expansion is BIG BUSINESS 47% of companies operate in more than 10 international markets
  7. 7. z Global Expansion is BIG BUSINESS 56% of companies say international growth is a key part of their current strategy
  8. 8. z Why Globalization? Establish New Revenue Streams Gain a Competitive Edge Access a Unique Talent Pool Improve Market Perception Take Advantage of Government Incentives
  9. 9. z Steps to a Successful Global STRATEGY DEVELOP Entry + Exit Strategies UTILIZE an Agile Approach HIRE Local Nationals
  10. 10. z Steps to a Successful Global STRATEGY TEST the Market PARTNER Up IDENTIFY + Select Global Model for Expansion
  11. 11. z LAWS That Apply to International Trade Specific Laws of Each Nation Public International Law
  12. 12. z Export/Import Laws of U.S. + Foreign Market USA export laws re: goods, services, technology, IP Export Controls, ITAR, OFAC Foreign Markets Import laws re: goods, services, technology, IP, approval and registration of products, services, technology
  13. 13. z Financial Laws of U.S. + Foreign Market USA Finance laws re: Transfer of Money to Foreign Country and financial reporting, foreign bank accounts, transfer pricing issues, taxes Foreign Markets Financial Control Laws re: foreign currency, foreign investments, transfer pricing, financial reporting, taxes, import duties and fees
  14. 14. z LAWS Affecting the Private Relationship of Parties U.S. Laws International Treaties Foreign Market Laws
  15. 15. z It Has Become COMPLICATED Buying Music with a Smart Phone
  16. 16. z Principal Means of Cross-Border Business
  17. 17. z Exporting + Importing Sales Agents in Foreign Country Employees in Foreign Country Contract Manufacturing Joint Venture Foreign Subsidiary Distributorship Franchises Licensing + Contracts
  18. 18. z Global Expansion OPTIONS Foreign Business Process Outsourcing Foreign Independent Contractors Foreign Subsidiary Establishment Hybrid Forms of Entities
  19. 19. z Global Expansion OPTIONS Foreign Business Process Outsourcing Risks: Cost, Quality + Control Benefits: Fill the gap in skill-sets to your team; Efficient back and front office process
  20. 20. z Global Expansion OPTIONS Risks: Domestic Employment Laws/ Misclassification of employees; Lack of in-country presence Benefits: Potential cost savings; Flexible Workers Foreign Independent Contractors
  21. 21. z Global Expansion OPTIONS Risks: Costly initial set-up; Difficult to exit in some jurisdictions; Compliance Management Benefits: True Market Presence; Legal Enforceability; Physical Asset Acquisition Foreign Subsidiary Establishment
  22. 22. z Global Expansion OPTIONS Professional Employer Organization (PEO) Representative Office or Project Offices Hybrid Forms of Entities
  23. 23. z Have a Global Mindset
  24. 24. z Analysis of Opportunity Requires Risk Analysis
  27. 27. z on Foreign Market Structures + Culture
  28. 28. z Is the Key! Knowledge of international business and legal environment leads to steady growth
  29. 29. z Legal Advice This presentation is designed to provide an overview of a number of legal principles and considerations. As each legal issue is fact dependent, this presentation should not be used or viewed as legal advice, and your legal counsel should be consulted on the application of your particular factual situation to the current law. Copyright: 2017 Kegler, Brown, Hill + Ritter LPA
  30. 30. z Vinita Mehra Director + Co-Leader, Global Business Kegler Brown Hill + Ritter 614-255-5508