Whether you are a foreign National or company who wishes to bring a foreign business to the United States or an entrepreneur who wishes to expand and do business overseas, Castro C.L.A.N. can guide you through International Business Transactions, giving strategic insight and helping develop a creative plan to reach your goals.
Due to globalization, the ability of companies to develop internationally has become essential. In order to be successful in the global marketplace, a company will need legal counsel who focuses on International Business Transactions along with the connections necessary to facilitate relationships to promote business interests while complying with the varying regulations and laws of multiple jurisdictions. Castro C.L.A.N. is here to help ensure that cross-border and international transactions meet the goals and objectives of our clients no matter where in the world they wish to do business.
We provide an unparalleled strategic focus on international trade and the global marketplace involving all types of International Business Transactions, including the drafting of contracts and commercial agreements; facilitating mergers, acquisitions, and joint ventures; dealing with licensing arrangements and the transfer of technology; establishing debt and equity financing; and various legal compliance matters.
Castro C.L.A.N. consults and represents foreign companies seeking to invest in the United States, and domestic companies seeking to invest abroad, as well as relations between international companies operating anywhere in the world. We excel in advising on corporate and taxation structure tailored to each International Business Transaction, taking into account any relevant international, domestic, and local laws to ensure all options are considered.
Since we know Manhattan best and often handle commercial disputes involving international parties, we often tailor our agreements to include choice of law provisions invoking the jurisdiction of New York County State and Federal Courts situated in Manhattan. This enables the Castro C.L.A.N. to not only draft complex agreements involving international transactions, but we can also effectively enforce those agreements when the time comes.
We provide our foreign and domestic clients with the following services:
• International Acquisitions
• Business Contracts
• Advice on foreign and local law
• Immigration law and compliance
• Planning for foreign-based multi-nationals
• Preparation for intercompany agreements
• Development agreements
• Transactions for licensing agreements
• Buy-Sell Agreements
• Stocks purchase
• Import duties and sales tax
• Independent sales representative agreements
• Joint ventures and strategic alliances
• Licensing and other forms of proprietary protection
• Distribution arrangements
• Establishing, financing and operating foreign branches and subsidiaries
• International business negotiations
• Structuring, acquiring and disposing of real estate investments
• Handling of international disputes
• Trade regulation
• Compliance with U.S. securities and export laws
• Immigration matters
Whether you are contemplating a joint venture with a Foreign or U.S. Company, or are already involved and need assistance, Castro C.L.A.N. is prepared to provide strategic International Business Transaction Consulting and assist you in determining the best course of action. Being a firm located in the epicenter of International Business Litigation, having extensive skill in the area of structuring partnerships, the drafting of documents, and a wide range of legal subjects involving multinational businesses and transactions, we can provide you with legal representation and be the team committed to protecting your interests, both domestic and international, no matter how complex the international transaction.
Our preparation and planning process leaves our clients with the ability to anticipate and respond to the increased scrutiny by U.S. authorities over international transactions, particularly under the Foreign Corrupt Practices Act, the Export Administration Act, Office of Foreign Asset Control and tax reporting regulations for foreign assets.
Our New York County (NYC) civil and commercial division lawyer is well versed in all legal matters involved in international business transactions, including international commercial agreements, contractual matters, import/export, customs legal issues, joint ventures and working with counsel from foreign countries to ensure compliance in a wide variety of legal issues. The world is getting smaller, and many companies based throughout the United States use manufacturers or enter into joint ventures with foreign companies. As we all know, there are risks involved in any venture, but International Business Transactions pose specific challenges. Castro C.L.A.N. works to resolve all the possible issues that could be a danger to your enterprise, prior to you moving forward with your transaction and when you have already run into difficulties, we can help you identify the best resolution.
International Business Transaction Lawyers Connect with Local Counsel
When importing or exporting of goods to and from other countries, as an example, not only does one face the complex issues involving U.S. customs, they will also be dealing with other jurisdictions where it may be preferable to work with local counsel. Castro C.L.A.N. is familiar with this process and can help reduce risk and work with local counsel to find the best solutions.
Castro C.L.A.N. is also available to act as local counsel for foreign firms with clients seeking to business in New York, the United States, and all of the Americas.
ABA Updates on International Business Transactions, Investment & Private International Law:
UN Internet Governance Forum. Urges the Secretary of State and the Assistant Secretary of Commerce/Administrator of the National Telecommunications and Information Administration to support a renewal of the mandate of the Internet Governance Forum of the United Nations to operate substantially in accordance with its current mandate.
International Commercial Arbitration. Supports the use of commercial arbitration to resolve disputes involving international business transactions and supporting federal or state legislation or regulations that recognize and aid in the enforcement of international commercial arbitration agreements and awards.
Imputation of Conflicts of Interest. Amends Model Rule of Professional Conduct 1.10 (“Imputation of Conflicts of Interest: General Rule”) to permit the screening of a lawyer who moves laterally from one private law firm to another, so that conflicts of interest that apply to the moving lawyer under Model Rule 1.9 (“Duties to Former Clients”) are not imputed to all the other lawyers in the new law firm.
Exon-Florio . Supports several principles that should guide existing implementation of Exon-Florio and govern any new legislation addressed to the review of proposed foreign investment in the U.S. for national security issues.
Letter to Congressman Dingell regarding resolution.
Hague Convention on Choice of Court Agreement - Urges the United States government promptly to sign, ratify and implement the Hague Convention on Choice of Court Agreements.
UN Convention on the Use of Electronic Communications in International Contracts. Urges the U.S. Government to become a signatory to the United Nations Convention on the Use of Electronic Communications in International Contracts.
Uniform Foreign-Country Money Judgments Recognition Act - Approve the Uniform Foreign-Country Money Judgments Recognition Act, promulgated by the National Conference of Commissioners on Uniform State Laws in 2005 as an appropriate Act for those States desiring to adopt the specific substantive law suggested therein.
The Hague Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary. Supports the prompt signature, ratification, and implementation of the Convention by the United States and by other countries.
Convention on International Interests in Mobile Equipment - Urge ratification of the Convention on International Interests in Mobile Equipment and the related Protocol on Matters Specific to Aircraft Equipment adopted November 2001 in Cape Town, South Africa.
Convention on the Assignment of Receivables - Recommend the signing and ratification of the UN Convention on the Assignment of Receivables in International Trade.
Madrid Agreement for the International Registration of Trademarks - Urge U.S. adherence to the Protocol to the Madrid Agreement and necessary amendment to Lanham Act to conform to Protocol.
Hague Private International Law Convention - Urge support of convention, the purpose of which is to protect adults who, due to impairment, etc., cannot protect their interests in cross-national situations.
Convention on Combating Bribery - Support ratification and implementation of Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Support the prompt enactment of the legislative changes proposed by the Administration to conform the Foreign Corrupt Practices Act to the OECD Convention.
Convention on Independent Guarantees and Stand-By Letters of Credit - Recommend ratification by the United States.
Inter-American Convention Against Corruption - Support the prompt ratification and implementation of the Inter-American Convention Against Corruption by the U.S., members of the Organization of American States, and other eligible countries. Support the criminalization of the bribery of foreign officials. Support efforts by the Organization for Economic Cooperation and Development to carry out, fully implement, and actively enforce the Revised Recommendation of the Council on Combating Bribery in International Business Transactions in a manner that effectively deters foreign corrupt practices in the conduct of international business.
Electronic Commerce - Support electronic commerce as an important means of commerce among nations. Support commerce through electronic networks that are global in nature, including developing nations. Encourage discussion in open international forums to remove unnecessary legal and functional obstacles to electronic commerce. Encourage the private sector, governments, and international organizations to establish a legal framework for electronic commerce. Encourage the private sector to develop self-regulating practices that will protect the rights of individuals and promote the public welfare.
UN Internet Governance Forum - Urges the Secretary of State and the Assistant Secretary of Commerce/Administrator of the National Telecommunications and Information Administration to support a renewal of the mandate of the Internet Governance Forum of the United Nations to operate substantially in accordance with its current mandate.
Multilateral Accord on Investment - Urge the federal government to conclude and to implement a multilateral agreement on investment designed to liberalize existing national investment restrictions, offer protection to investors from actions such as expropriation without prompt and adequate compensation, and establish effective means for resolving investment disputes.
Corrupt Practices - Support efforts by the international community, by national governments, and by non-governmental organizations to encourage the adoption and implementation of effective legal measures and mechanisms to deter corrupt practices in the conduct of international business; urge the U.S. government to do the same.
Cartels - Urge nations to adopt strong, clear laws against cartels, including elimination exceptions from the anti-cartel principle. Urge courts to be reluctant to dismiss cases involving cartels that target or disproportionately affect their nationals. Urge nations to cooperate reporting and waiting requirements in enforcement of laws dealing with transnational mergers, and to defer in exercising their own enforcement jurisdiction so as to facilitate and not frustrate salutary transactions.
US-Canada Tax Treaty - Recommend adoption and Senate ratification of a protocol to the Canada‑US Income Tax Treaty which would avoid double taxation on estate taxes.
Convention on International Factoring - Recommend that the U.S. sign and ratify the International Institute for the Unification of Private Law (UNIDROIT) Convention on International Factoring.
Convention on International Financial Leasing - Recommend that the U.S. sign and ratify the International Institute for the Unification of Private Law (UNIDROIT) Convention on International Financial Leasing.
U.N. Convention of International Bills of Exchange and International Promissory Notes - Recommend that the U.S. sign and ratify this Convention.
Treaties Concerning the Reciprocal Encouragement and Protection of Investments - Favor ratification by U.S. of the Treaties between the U.S. and various other countries concerning the Reciprocal Encouragement and Protection of Investments.
International Sale of Goods Contracts Convention - Support U.S. signature and ratification of the Convention on Contracts for the International Sale of Goods, subject to one reservation.
Overseas Private Investment Corporation - Support adoption of legislation to continue OPIC, to provide that OPIC continue to act as a primary insurer of political risks, to increase participation by private insurers in writing such insurance, and as amendments of the Foreign Assistance Act.
Declaration on International Investment and Multinational Enterprises - Support this Declaration as a constructive statement on the responsibilities of government and multinational enterprises with respect to foreign investment.
U.N. Charter of Economic Rights and Duties of States - Urge U .S. support of the Charter only with provisions ensuring compliance with international law.
Protection of Foreign Investments - Urge the U.S. to insist on application of certain rules of international law respecting foreign private investment. Urge establishment of an international tribunal with compulsory jurisdiction to decide private investment disputes between a foreign private investor and the host state.
Serving in the Federal District Courts, Second Circuit Court of Appeals, New York Supreme Courts in Manhattan, the Bronx, Brooklyn, Queens, Nassau, Westchester, Broome and Onondaga Counties, as well as the Appellate Division First, Second, Third, & Fourth Departments for Complex Litigation, Appeals, & Negotiation.
We are available to meet in Manhattan and Syracuse, New York. If you would like to meet outside of these areas, please contact us and we can arrange for a meeting place to discuss your matter.
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