International Trade & Customs Practice

Overview

ELP’s International Trade and Customs practice assists companies with international rules governing their businesses.

We have been at the forefront of international trade law and policy in India and have represented the Government of India in a World Trade Organisation (WTO) dispute before the WTO Panel and Appellate Body. ELP was one of the first firms to be appointed by the Government of India to advise on the WTO compatibility of India’s largest export incentive program. Our highly rated trade litigation practice is involved in a large number of trade remedial litigations in the country at every level from the Antidumping and Safeguard authorities to the Supreme Court of India.

Our international trade practice uses the rules of global trade at every level including national, bilateral and multilateral to solve issues related to market access and resolve trade disputes between governments and private industry.

Our international trade team routinely works with other lawyers, international organisations, the Government of India and its various departments; including the Department of Commerce as well as other sovereign governments to service the needs of our clients. With offices in Mumbai, the commercial capital; and New Delhi, the administrative headquarters of the central government; we have access to both industry and regulators.

Services

Trade Regulations and Transactions

ELP has broad expertise in handling advisory and enforcement matters involving trade controls, including export controls and economic sanctions. Our team understands the substantive legal constraints in this area with the key regulatory agencies such as the Ministry of Commerce, Ministry of Finance and Ministry of External Affairs. Our services in the area of international trade controls include:

  • Assisting companies in developing export compliance procedures and export management systems and procedure reviews;
  • Advising companies on the export classification of their goods, technologies, software and services;
  • Drafting of documents and filings before the Ministry of Commerce, Ministry of External Affairs and other allied Ministries;
  • Drafting and vetting of Agreements to be export control compliant between parties;
  • Guide companies through export controls due diligence in domestic and multinational transactions;
  • Conduct internal training and draft manual on export compliance;
  • Guidance on anti-bribery laws and international trade sanctions;
  • Representation regarding import and export transactions and acquisitions of all kinds

Trade Proceedings

ELP represents international and domestic clients in proceedings arising in relation to anti-dumping, countervailing, safeguard duties and other trade remedy proceedings initiated by the authorities in India. The firm also represents clients in antidumping and other trade law proceedings initiated by United States, the European Communities and other national jurisdictions. ELP has represented the Government of India in a WTO dispute before the WTO Panel and the appellate body. We have successfully worked with clients in over 100 trade cases representing them in proceedings before the Investigating Authority and all the way up to the Supreme Court of India. ELP also provides advice on trade related issues such as Non-Tariff and Regulatory Barriers, transaction structuring to take advantage of investment treaties as well as valuation and rules of origin matters.

Customs Litigation & Advisory Services

The International Trade & Customs team at ELP advises clients on a wide range of customs compliance matters, including the proper classification and valuation of imported goods, rules-of-origin, the establishment and operation of Free Trade Zones (FTZs) or Special Economic Zones (SEZ), duty entitlement and other export-import schemes and customs issues arising under the WTO Agreement. The team also offers advice on tax structuring for investment and tax optimisation for ongoing businesses. We also provide assistance in relation to policy formation, tariff rationalisation and government advocacy.

Additionally, our team assists clients with complex valuation issues, including issues relating to under-invoicing and over-invoicing , royalty payments and licensing arrangements and circumvention issues.

Trade Policy

In addition to its considerable dispute settlement experience, our International Trade & Customs practice draws on its legal, economic and accounting expertise to advise corporations, industry associations and the Government of India on various aspects of trade and investment policy. The team routinely develops strategies to address trade policy problems that integrate legal, regulatory, commercial, and political considerations to offer our clients solutions without resorting to litigation.


TradeWatch Weekly Bulletin

23 Nov 2020 | Read More

Trade Watch Weekly Bulletin

7 Nov 2020 | Read More

Trade Watch Weekly Bulletin

24 Oct 2020 | Read More

ELP Update - CAROTAR 2020 - Obligations on exporters

20 Oct 2020 | Read More

Trade Watch Weekly Bulletin

20 Oct 2020 | Read More

Trade Watch Weekly Bulletin

10 Oct 2020 | Read More

Trade Watch Weekly Bulletin

26 Sep 2020 | Read More

CAROTAR 2020 -Q&A: Importers

21 Sep 2020 | Read More

CAROTAR 2020 – Q&A: Exporters

21 Sep 2020 | Read More

Trade Watch Weekly Bulletin

19 Sep 2020 | Read More

Trade Watch Weekly Bulletin

12 Sep 2020 | Read More

Re-validation of export authorizations issued for the export of software/technology items under ...

8 Sep 2020 | Read More

Trade Watch Weekly Bulletin

5 Sep 2020 | Read More

JUDICIAL UPDATE: Union of India v. Agricas LLP

1 Sep 2020 | Read More

TradeWatch Weekly Bulletin

1 Sep 2020 | Read More

TradeWatch Weekly Bulletin

29 Aug 2020 | Read More

A regime shift for importers regarding compliance under ROO

25 Aug 2020 | Read More

TradeWatch Weekly Bulletin

22 Aug 2020 | Read More

ELP Insights - India Untangling The Supply Chain - Aug 2020

18 Aug 2020 | Read More

TradeWatch Weekly Bulletin

15 Aug 2020 | Read More

India: Untangling the Supply Chain

11 Aug 2020 | Read More

Level of Economic Development as a Factor for Determining a Surrogate Third ...

10 Aug 2020 | Read More

TradeWatch Weekly Bulletin

8 Aug 2020 | Read More

TradeWatch Weekly Bulletin

4 Aug 2020 | Read More

Recent Restrictions on Public Procurement

25 Jul 2020 | Read More

TradeWatch Weekly Bulletin

23 Nov 2020 | Read More

TradeWatch Weekly Bulletin

18 Jul 2020 | Read More

TradeWatch Weekly Bulletin

11 Jul 2020 | Read More

BIS Update: Mandatory Registration of Additional Iron and Steel Products

9 Jul 2020 | Read More

How Fair is an import only COVID19 Tax?

4 Jul 2020 | Read More

TradeWatch Weekly Bulletin

4 Jul 2020 | Read More

TradeWatch Weekly Bulletin

27 Jun 2020 | Read More

TradeWatch Weekly Bulletin

20 Jun 2020 | Read More

India's Import Licensing Regime – Is It WTO Compatible

20 Jun 2020 | Read More

TradeWatch Weekly Bulletin

13 Jun 2020 | Read More

Public Procurement Policies- Are they WTO compliant

13 Jun 2020 | Read More

Primer on US Section 301 Proceedings

6 Jun 2020 | Read More

TradeWatch Weekly Bulletin

6 Jun 2020 | Read More

TradeWatch Weekly Bulletin

30 May 2020 | Read More

International Trade Law Update (October 2019 - January 2020)

30 May 2020 | Read More

Recent Amendments to India's FDI policies- Are they WTO compatible ?

23 May 2020 | Read More

TradeWatch Weekly Bulletin

23 May 2020 | Read More

TradeWatch Weekly Bulletin

16 May 2020 | Read More

Multiparty Interim Appeal- Arbitration Arrangement (MPIA)

23 Nov 2020 | Read More

ELP International Trade & Customs Trade Watch

11 May 2020 | Read More

The European Commission (EC) is conducting public consultations on EU’s Generalized Scheme ...

11 May 2020 | Read More

Union Budget 2020: An Analysis

2 Feb 2020 | Read More

ELP - Knowledge Series - India Update - Part 4 of 2019

22 Jan 2020 | Read More

Summary of the panel report in the dispute India - Export Related ...

4 Nov 2019 | Read More

New Steel related policy development

12 Sep 2019 | Read More

ELP - Knowledge Series - India Update - Part 3 of 2019

3 Sep 2019 | Read More

ELP - Update- Introduction of GAICT for export of SCOMET items for ...

30 Jul 2019 | Read More

Trade Alert-India's Commerce Ministry to Push for Major Reforms

11 Jun 2019 | Read More

WTO Mini-ministerial Meeting of developing Countries

11 Jun 2019 | Read More

ELP Knowledge Series - India Update Part 2 of 2019

7 May 2019 | Read More

Export Control Update: Amendments in the SCOMET List

5 May 2019 | Read More

MeitY miffed at ministries' sectoral data policies ahead of privacy law

5 May 2019 | Read More

India's E-Commerce policy & the WTO

29 Mar 2019 | Read More

United States Intention to Withdraw GSP Benefit to India

29 Mar 2019 | Read More

Analysing India’s draft E-Commerce policy

25 Mar 2019 | Read More

Regulatory Update – Draft National e-commerce policy

26 Feb 2019 | Read More

ELP Knowledge Series - India Update Part 1 of 2019

19 Feb 2019 | Read More

Budget 2019: Judicial Reform Is What This Economy Needs Now

2 Feb 2019 | Read More

Interim Union Budget 2019 - An Analysis

1 Feb 2019 | Read More

Wassenaar Arrangement - Updated List of Advisory Questions 2018

28 Jan 2019 | Read More

Turbulence in International Trade

27 Nov 2018 | Read More

United States Revokes India's GSP Beneficiary Status for Key Products

2 Nov 2018 | Read More

The Decline of the WTO

20 Dec 2017 | Read More

Trade Security Journal - KYC: A Process Ripe for Automation

19 Sep 2018 | Read More

ELP Knowledge Series - India Update Part 2 of 2018

10 Sep 2018 | Read More

Section 301 Update: USTR Publishes Proposed List of Chinese Products Subject to ...

9 Apr 2018 | Read More

ELP Trade Newsletter - Early 2018

17 Mar 2018 | Read More

Union Budget, 2018

18 Jan 2018 | Read More

WTO Dispute Settlement: Case Summaries (2017)

10 May 2018 | Read More

ELP Client Alert Mini-Ministerial

14 Mar 2018 | Read More

ELP Knowledge Series - India Update Part 1 of 2018

14 Jun 2018 | Read More

IBC | Legislative Alert | IBBI's clarifies on fees of Resolution Professionals

23 Mar 2018 | Read More

Recognitions