Discretely assist companies and boards of directors conducting internal audits and investigations.
International Trade & National Security Law Firm
At Torres Trade Law, we work with U.S. and international clients - from multinationals and Fortune 500 companies to medium-sized businesses and startups - to successfully import and export goods, technology, and services. We regularly assist clients navigate regulatory challenges posed by U.S. and foreign trade policies, including China tariffs, Iran sanctions, and the export of defense-related goods and controlled or emerging technologies.
In addition, our lawyers have extensive experience assisting clients with a wide range of foreign investment matters, including the Committee on Foreign Investment in the United States (CFIUS) administering the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA).
Our lawyers regularly guide clients through myriad U.S. regulatory regimes and agencies that govern trade with the United States, including:
- U.S. Customs and Border Protection (CBP)
- The U.S. Department of Commerce Bureau of Industry and Security (BIS)
- The U.S. Department of State Directorate of Defense Trade Controls (DDTC)
- U.S. Department of the Treasury Office of Foreign Assets Control (OFAC)
- The Department of Defense Security Service (DSS)
- The Committee on Foreign Investment in the United States
To assist clients with challenges across the world, Torres Trade Law is a member of two widely recognized international associations: the International Lawyers Network, a global law firm network of more than 90 law firms in 67 countries; and Alliott Group, the world's 6th largest multidisciplinary alliance of accounting and law firms. These associations allow the firm to combine local expertise with a global reach to provide clients effective cross-border solutions.
To assist with risk advisory, complex investigations, and risk intelligence, our law firm's network also includes former intelligence officers and former senior leadership in national U.S. government security positions.
PRACTICE AREAS
Our Approach
Torres Trade Law is driven by the principle that our clients are best served by long-term relationships built on transparency, accountability, and cost-effectiveness. Our goal: to provide practical, real-world international trade advice based on an in-depth understanding of each client's strategic and business objectives coupled with comprehensive knowledge of the regulatory and competitive environments in which it does business.
We have extensive experience assisting companies in a variety of industries, including aerospace, defense contractors, commercial aviation, military electronics, chemicals and pharmaceuticals, medical equipment, food and beverage, data processing, machine tools, commercial electronics, satellite, unmanned vehicles, software and hi-tech, fashion and retail, private equity, and many others.
INSIGHTS
Treasury Finalizes Rule Increasing CFIUS Penalties and Expanding Enforcement Powers
On November 17, 2024, the Department of the Treasury (“Treasury”), in its role as chair of the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”), published a final rule (“Final Rule”) increasing maximum penalties for violations and expanding the Committee’s ability to compel parties to respond to information requests, among other revisions. The final rule becomes effective on December 26, 2024, and is very similar to the proposed rule, dated April 15, 2024, of which we wrote about in our article, Less Bark and More Bite? CFIUS Proposed Rule Enhancing Enforcement Capabilities.
Identities of Investment Fund Limited Partners in CFIUS Reviews
As deals increase in complexity, and ownership structures are oftentimes opaque and obfuscated, it is important to be mindful of CFIUS’s continued stance of requesting identities of Limited Partners (LPs) in transactions involving investments funds.
In the past five to six years, more transactions being reviewed by CFIUS involve venture capital and private equity deals. This results in more complex ownership reviews, including CFIUS reviewing LPs in investment funds. In its 2024 Annual CFIUS Conference in Washington, D.C., CFIUS emphasized the need to provide information regarding LPs.
What’s Next? President-Elect Trump Signals 25% Tariffs on Mexico and Canada, 10% Increase on Chinese Goods
On November 25, 2024, President-elect Donald Trump provided some additional clarity on his immediate tariff plans in a post on Truth Social. Specifically, Trump announced his intent to sign an Executive Order on his first day in office to impose a 25% tariff on all products from Mexico and Canada. According to the post, the tariff will remain in effect for an indefinite period tied to fentanyl smuggling and illegal immigration. In a separate post, President-elect Trump also announced his intention to add a 10% tariff “above any additional tariffs” on all Chinese-origin products. Factoring in current 25% Section 301 tariffs on Chinese goods, this means that some Chinese products will be subject to a 35% tariff in addition to their normal duty rate. Trump similarly tied this tariff hike to China’s role in the fentanyl crisis.
What Does a Second Trump Presidency Mean for International Trade?
A second Donald Trump presidency ushers in a moment in international trade without precedent…other than the first Trump presidency. It is often difficult to predict how a new administration will act, but in this case, the “new” president has previously shown that he does not always conform to the typical expectations of the office, particularly with respect to international trade. Below we outline a few initial impressions on the potential impacts the Trump presidency will have on global relationships and discuss how you can prepare for the new administration.
Outbound rule released; experts say regime could also impact U.S. companies
On October 28, 2024, the Treasury Department unveiled its final outbound rule, which regulates U.S. investment in China. According to experts, the rule could actually ensnare U.S. companies, particularly if they have significant Chinese ownership or significant financial connections to China. Managing Member, Olga Torres, shares her key highlights with Foreign Investment Watch.
*Reproduced with permission from Foreign Investment Watch. The article was first published on November 1, 2024.
BIS Tightens Export Control Enforcement
The U.S. Department of Commerce's Bureau of Industry and Security (BIS) just issued a significant rule change that reshapes the landscape of export control enforcement.