Service Overview
Spiritus Legal’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 our associate partners have represented the various organizations in a World Trade Organisation (WTO) dispute before the WTO Panel and Appellate Body. 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.
To meet the interests of our clients, our international trade team frequently collaborates with other lawyers, international organisations, the Government of India and its many agencies, including the Department of Commerce, as well as other sovereign governments. We have access to both industry and regulators thanks to our associate partners and agents in the commercial hub Mumbai and the administrative centre of the central government, New Delhi.
Service Highlights
Trade Regulations and Transactions
Spiritus Legal 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 reviewing agreements between parties to ensure compliance with export controls;
- 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
Spiritus Legal represents both domestic and international clients in procedures arising in regard to anti-dumping, countervailing, safeguard duties, and other trade remedy proceedings instituted by the authorities in India.
We have successfully represented clients, arguing their claims before the Investigating Authority and the Supreme Court of India. Spiritus Legal 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 Spiritus Legal International Trade & Customs team advise clients on a broad range of customs compliance issues, such as the proper classification and valuation of imported goods, rules-of-origin, the creation and operation of Free Trade Zones (FTZs) or Special Economic Zones (SEZ), duty entitlement and other export-import schemes, as well as customs issues arising under the WTO Agreement. The group also provides guidance on tax planning for investments and tax efficiency for running businesses. We also provide assistance in relation to policy formation, tariff rationalisation and government advocacy.
Additionally, our team helps clients with complicated valuation issues, such as under- 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. Our team regularly creates trade policy problem-solving methods that involve legal, regulatory, commercial, and political issues in order to provide our clients with options without resorting to litigation.