Trade Investigations

We are in an era of heightened customs, sanctions and export controls enforcement. Governments that have adopted tariffs, sanctions and export controls as geopolitical tools are now focusing on enforcing these measures — recognizing that their effectiveness depends on proactive enforcement. Customs, sanctions and export control investigations, whether self-initiated or triggered by regulators, law enforcement agencies or other factors, such as whistleblowers and investigative journalists, have significantly increased in number and importance. We expect this trend to continue.

We understand that navigating the ever-evolving trade enforcement landscape can feel like walking a tightrope. One misstep and your company could be facing material fines, reputational damage and even criminal charges.

The Global Trade Investigations Group comprises seasoned professionals from across the globe with extensive experience in cross-border trade investigations, including administrative, civil and criminal cases before the likes of CBP, ITC, DOC, OFAC, BIS and DOJ (including the Fraud Section's Market Integrity and Major Frauds or MIMF) in the US, and key agencies outside of the US, such as HMRC, OFSI and the NCA in the UK, as well as a range of prosecutors across the EU, Mexico, Canada and Asia Pacific (including China GACC).

With long-established reputation in the area of sanctions and export controls, our experience has been built up over an extended period and across a range of sanctions programs, including those imposed against Iran, Cuba, Syria, North Korea and Russia.

The seasoned Customs & Excise lawyers help condense highly technical excise rules into a consolidated defense strategy when dealing with customs authorities around the globe. Our services also include strategies for disclosure and coordination of global advice from key jurisdictions, such as the UK, the EU, China, Hong Kong, Mexico and the US. We advise on managing ongoing and future risk and work seamlessly with our fraud practitioners on matters involving alleged customs fraud. In particular, our team has a long history of working opposite the DOJ's Fraud Section. 

Our global capabilities are key given that it is now the norm for investigations to involve the trade laws of multiple jurisdictions — such as the US, the UK, various EU member states, and other jurisdictions around the world, including in Asia and the Middle East — and for inter-agency cross-border cooperation to happen as a matter of course. Our team has deep experience with these types of cross-border investigations. We have offices in the majority of the jurisdictions that have emerged as the key players in the trade enforcement landscape and have the global outlook and local expertise needed to support clients in today's environment.

Experience

Why Baker McKenzie?

Navigating and resolving investigations		Understanding enforcement agencies		Proven global sanctions expertise
Extensive experience with global voluntary disclosures, and internal and government-initiated investigations for clients around the world. Frequently manage investigations involving client operations (and potential violations) in multiple countries with support from Baker McKenzie teams in those jurisdictions. Deep expertise regarding global trade, customs/tariffs, export controls and sanctions regimes across the US, the UK, the EU and other jurisdictions, including in Asia and the Middle East. Regularly negotiate and liaise with enforcement agencies in relevant jurisdictions Have successfully resolved numerous customs, sanctions and export control enforcement matters.		We regularly work on investigations involving OFAC, BIS, DOJ, HSI, ICE, CBP, ITC, DOC and DDTC in the US; OFSI, HMRC and the NCA in the UK; and their counterparts in other jurisdictions (e.g., BAFA in Germany, MOFCOM in China, local prosecutors' offices, etc.). In the EU, trade enforcement is within the authority of the individual EU member states. We have experienced Global Trade Investigations Group members in many of the EU member states, including some of the most active (i.e., Germany, the Netherlands, Sweden, etc.) — coverage that far exceeds other firms. Our Global Trade Investigations Group knows what enforcement agencies expect to see in a strong compliance program, including appropriate responses to compliance incidents and how to frame compliance program enhancements when seeking to resolve matters before enforcement agencies. Our team includes a number of former enforcement officials, including from the DOJ and SEC in the US; the SFO, FCA and HMRC in the UK; the European Commission; and MOFCOM in China, among other jurisdictions.		We are one of the few law firms offering customs, sanctions and export control advice globally as a dedicated service, with deep experience in all key regions and industries. Our Global Trade Investigations Group has trade compliance and investigations experts in many of the most active enforcement jurisdictions, including in multiple locations around the EU.

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