INTEGRATED SUPPLY CHAIN SOLUTIONS - DLA …/media/Files/Insights/...02 | Integrated Supply Chain Solutions ONE TEAM TO GUIDE YOU THROUGH YOUR ENTIRE SUPPLY CHAIN CUTTING COSTS AND

INTEGRATED SUPPLY CHAIN SOLUTIONSMeeting the challenge of trading across borders

02 | Integrated Supply Chain Solutions

ONE TEAM TO GUIDE YOU THROUGH YOUR ENTIRE SUPPLY CHAIN

CUTTING COSTS AND REDUCING RISK

The team is described as ‘experienced, highly knowledgeable and very competent’, and ‘well placed to act on any matter with a multi-jurisdictional dimension’. Chambers

“DLA Piper has particular expertise in customs and indirect taxation. Clients praise the team as ‘very knowledgeable’ and ‘the best’”. Legal 500

In today’s fast paced global economy, success or failure is often determined by the performance of the supply chain. Whether it be speed to market, raw material sourcing, access to new markets, or cost control, the supply chain is no longer a support function but is central to the operation of businesses operating internationally.

The UK’s decision to leave the European Union will have a significant impact on businesses that operate in and trade with the UK and the EU. It is critical, now more than ever, that those businesses understand and anticipate the likely impacts of Brexit on their supply chain management. Proactive businesses will be best placed to meet the challenges and maximise the opportunities of Brexit.

With an international team of specialists, DLA Piper has local lawyers on the ground to help clients identify opportunities and resolve issues in any part of their supply chains wherever in the world they arise and in whatever industry. Our aim is to cut our clients’ costs and reduce their risk.

For companies that are looking to expand their manufacturing base or are entering new markets, we are able to advise you on the whole supply chain and can provide you with an end-to-end solution.

For those with an already established supply chain we can provide advisory services to analyse and improve its efficiency and have a team able to contend with any commercial or regulatory controversies.

AN INTEGRATED TEAM

We provide customs, trade, product stewardship and safety and other specialist supply chain related services across our global platform. Our international network of specialists allows us to provide clients with a fully integrated team who work together providing consistent quality advice across multiple jurisdictions.

Our lawyers have the experience and insight to find creative and innovative solutions to supply chain issues. Members of the team have gained experience not only in law firms but also as in-house counsel within global companies, as senior government officials, at national customs administrations, and within international organisations.

OUR SUPPLY CHAIN PRACTICE

Companies operating in global markets have many complex sourcing, distribution, customs, tax and trade issues that require a global perspective combined with a thorough knowledge of country-specific practices. DLA Piper is a global law firm with offices throughout the Americas, Asia Pacific, Europe, the Middle East and Africa positioning us to help you with your supply chain needs internationally. Our specialists help multinational companies address the complex challenges of international commerce and business operations wherever in the world they do business.

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Does your structure maximise the use of preferential trade regimes, duty suspensions or tariff rate quotas for import? Are you aware of your international corporate governance and social responsibility obligations?

1. TRADE POLICY AND ENVIRONMENT

Do you need product regulatory approvals from Brussels and/or any national authorities? Are you complying with European and other labelling, packaging and advertising rules that apply to the marketing of your products?

7. EUROPEAN REGULATION

Do your products and the claims you make about them fully comply with product safety standards and regulations?

8. PRODUCT STEWARDSHIP AND LIABILITY

Are you exporting controlled goods, software and technology and/or dealing with sanctioned destinations and parties?

9. EXPORT CONTROL AND SANCTIONS


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Is your organisation structured in a tax efficient way, optimising your structures for inward and outward investment? Are you compliant with all BEPS Actions, transfer pricing methodology and documentation requirements?

2. TAX AND TRANSFER PRICING

Are you looking to set up new manufacturing capacity to cope with increased demand for your products in any of the world’s developing markets? Have you set up the most cost effective corporate formation and operations structure, including your distribution and retail operations abroad?

3. NETWORK RESTRUCTURING

Do you have the most cost effective contracts in place with your supplier? Have your needs changed since the original contract was agreed?

4. PROCUREMENT AND CONTRACT NEGOTIATIONS

Are all your goods classified correctly for customs purposes? Are you minimising your customs duty and indirect tax liabilities? Have you received notice from the authorities concerning an audit or assessment?

5. CUSTOMS AND TAX LIABILITY

Is your business impacted by anti-dumping or anti-subsidy measures? Are you considering whether to participate in an impending or on-going trade remedy proceeding?

6. ANTI-DUMPING AND ANTI-SUBSIDY


OUR SERVICES

Trade policy and environment

Navigating through the rules of international trade is a complex exercise, but can help you gain improved access to new markets, for instance through the preferential market access schemes, duty suspensions and the introduction of tariff rate quotas for imports. We regularly represent our clients in international trade negotiations, making sure their interests are represented and duly protected. We also advise on broader corporate governance issues that apply to their international operations. We regularly challenge trade protectionist measures and unjustified market access barriers using international trade rules.

In light of the Brexit vote, DLA Piper is able to assist our clients in preparing for and mitigating the impact of any changes to their access to EU markets and those markets where preferential access is gained by a free-trade agreement between the EU and a third country.

Our experience includes:

■ Advising a manufacturing company on the restructure of its supply chain further to the reform of the EU Generalised System of Preferences.

■ Advising companies on how to optimise the impact of Russia’s accession to the World Trade Organisation and identifying associated trade opportunities.

Tax and transfer pricing

Having an organisation structured in a tax efficient way can help you reduce your costs. We regularly help our clients with developing beneficial worldwide transfer pricing strategies and dealing with the BEPS Actions. We also advise on all aspects of taxation and act for clients of all sizes assisting national and multi-national companies to address the complex challenges of tax in their domestic and international commerce and business operations. This includes advising clients on optimum structures for inward and outward investment, both on a domestic and cross-border basis.


■ Advising one of the world’s leading sportswear retailers in relation to the restructuring of its intra-group licence and supply transactions.

■ Advising a leading global chemical company on a 25-county integration and supply chain rationalisation project following the acquisition of a global competitor.

Network restructuring

As global markets continue to open up and develop at rapid rates, we have advised many clients on a wide range of strategies to manufacture their goods in new markets, be it by way of contract manufacturing, joint ventures or by investing in the construction and operation of new facilities. Many international companies will be considering the implications of Brexit on their decision making with regards the structure of their business. We have extensive experience in assisting multinational companies in supply chain management and distribution arrangements in Europe, Asia, and more broadly. In so doing, we advise our clients on all required contractual and regulatory matters in structuring their operations, including distribution and retail operations.


■ Advising a multinational apparel retailer on its expansion into Asia, including tax structuring, foreign direct investment, corporate formation, product regulatory compliance, transfer pricing, and customs valuation.

■ Advising and negotiating all contractual arrangements pursuant to which one of the world’s leading vehicle manufacturer’s has agreed, via a joint venture, to a range of its vehicles in Russia.

Procurement and contract negotiations

We have extensive practical experience of advising clients on the myriad of contractual relationships that bind them together with their suppliers, customers, licensors, distributors and partners. In so doing, we help our clients manage the resulting complexity efficiently and cost effectively whilst also helping to manage risks, enhance commercial positions and co-operation so as to encourage profitable long term relationships that deliver quality and value for money in a timely manner.


■ Advising an aircraft manufacturer on a programme to supply over 5,000 components.

■ Negotiated and drafted an international supply contract for IT suppliers valued at $3 billion with integrated reseller and distributor arrangements to allow for seamless customer deliveries.

Customs and indirect tax liability

We routinely help our multinational clients understand their customs duty and indirect tax liabilities, and undertake customs audits to pinpoint areas of potential risk and assist in minimising these issues (including, where appropriate, making disclosures to regulatory authorities). If a dispute arises, we represent our clients’ interests in their dealings


with third parties including regulatory authorities. We also successfully represent clients in refund claims in connection with their import and export operations.

DLA Piper is able to assist our clients in preparing for and mitigating the impact of any increased customs clearance regulations between the UK and EU, as well as between the UK and rest of the world following Brexit.


■ Acting for a leading multinational toy manufacturer in three concurrent Anti-Smuggling Bureau investigations in China. Successfully mitigated the VAT liability on imported tooling and preserved the client’s compliance record.

■ Successfully challenging HM Revenue & Customs on raising a VAT assessment for a large multinational organisation on the grounds that our client had been caught in a fraudulent supply chain.

■ Acting on supply chains involving goods and services of all kinds including electronic services.

Anti-dumping and anti-subsidy

In order to mitigate the business effects of unfair trade practices, we routinely assist our clients in anti-subsidy and safeguard proceedings including providing companies with monitoring services and training to prepare for investigations; design and deliver effective lobbying campaigns; provide comprehensive responses to Commission sampling returns, questionnaires and findings; and advise clients on the merits of undertakings and other settlement offers.


■ Acting as advisers and secretariat for a coalition of influential European PET users and distributors in relation to EU anti-dumping and anti-subsidy investigations targeting PET imports from various countries into the EU.

■ Acting for China’s second largest paper producer in concurrent US anti-dumping and countervailing duty investigations on imports of coated free sheet paper from China, resulting in a finding of no injury to the US industry.

European regulation

Many international companies fail to get the most out of the European market and its 480 million consumers. To maximise the use of the European internal market, we regularly assist our clients to extract maximum value from existing regulatory instruments, influence decision-makers for market access improvements and regulatory approvals that will impact product approval and import prices.


■ Advising a global alcoholic drinks manufacturer on the EU legislative framework for additives and novel foods and assisting the company to obtain a regulatory approval.

■ Advising a food manufacturer on the Country of Origin labelling principles in the EU in light of the new Food Information to Consumer requirements.

Product stewardship and liability

Managing product liability risks globally is a difficult challenge. We regularly advise on the full range of regulatory issues at every stage of the product life cycle ranging from risk, compliance, and business management to managing crisis situations for clients including product recall and reputation management.


■ Working with regulatory authorities and representing and advising a client in relation to the recall of domestic and trade central heating boilers throughout the UK, Italy and Greece.

■ Advising a manufacturer of lighting equipment exported to more than 20 jurisdictions of product safety, regulatory notification and recall obligations.

Export control and sanctions

As penalties for non-compliance with export control and sanctions regulations are extremely severe and can lead to significant reputational damage, exporters need to be aware and fully compliant with their obligations. We have extensive experience in advising and representing a wide range of companies on export control and sanctions regulations and can help your business to meet the regulatory challenge and adapt compliance programmes to fit your business needs and processes.


■ Acting for a number of clients in the business services sector on European export control and sanctions investigations and advising them on the application of EU sanctions, in particular requirements relating to the transfer of funds to and from Iran and compliance with those requirements.

■ Acting for global network infrastructure manufacturer, obtained global export authorisation in the Netherlands and “Approved in Principle” export licenses in Hong Kong for dual-use high tech network components.

CONTACT US

OUR GLOBAL REACH

DLA PIPER RELATIONSHIP FIRMSAUSTRALIABrisbaneCanberraMelbournePerthSydney

AUSTRIAVienna

BAHRAINManama

BELGIUMAntwerpBrussels

BRAZILSão Paulo

CANADACalgaryEdmontonMontrealTorontoVancouverYellowknife

CHINABeijingHong KongShanghai

CZECH REPUBLICPrague

FINLANDHelsinki

FRANCEParis

GEORGIATbilisi

GERMANYBerlinCologneFrankfurtHamburgMunich

HUNGARYBudapest

ITALYMilanRome

JAPANTokyo

KUWAITKuwait City

LUXEMBOURGLuxembourg

MEXICOMexico City

MOROCCO Casablanca

NETHERLANDSAmsterdam

NEW ZEALANDAuckland Wellington

NORWAYOslo

OMANMuscat

POLANDWarsaw

QATARDoha

ROMANIABucharest

RUSSIAMoscowSt. Petersburg

SAUDI ARABIAAl KhobarJeddah Riyadh

SINGAPORESingapore

SLOVAK REPUBLICBratislava

SOUTH AFRICAJohannesburg

SOUTH KOREASeoul

SPAINMadrid

SWEDENStockholm

THAILANDBangkok

UKRAINEKyivUNITED ARAB EMIRATESAbu DhabiDubai

UNITED KINGDOMBirminghamEdinburghLeedsLiverpool

LondonManchesterShef�eld

UNITED STATESAlbanyAtlantaAtlantic CityAustinBaltimoreBostonChicagoDallasHoustonLos AngelesMiamiMinneapolis

New YorkNorthern VirginiaPhiladelphiaPhoenixRaleighSacramentoSan DiegoSan FranciscoSan JuanSeattleShort HillsSilicon ValleyWashington, DCWilmington

CROATIAZagrebEGYPTCairo

ETHIOPIAAddis Ababa

GHANAAccra

KENYANairobi

ALGERIAAlgiers

ANGOLALuandaBOTSWANAGaboroneBURUNDIBujumburaCOLOMBIABogota

COOPERATION FIRMBRAZILRio de JaneiroSão Paulo

MAURITIUSPort Louis

MOZAMBIQUEMaputo

NAMIBIAWindhoek

PORTUGALLisbon

RWANDAKigali

TANZANIADar es SalaamMwanza

UGANDAKampala

ZAMBIALusaka

John Forrest Head of Global Trade and Government Affairs, London T: +44 20 7796 6891 E: [email protected]

Richard Woolich Head of Tax, UK T: +44 207 153 7336 E: [email protected]

Teresa Hitchcock Head of Safety, Health and Environment, UK T: +44 114 283 3302 E: [email protected]

DLA Piper is a global law firm operating through various separate and distinct legal entities. Further details of these entities can be found at www.dlapiper.com.

This publication is intended as a general overview and discussion of the subjects dealt with, and does not create a lawyer-client relationship. It is not intended to be, and should not be used as, a substitute for taking legal advice in any specific situation. DLA Piper will accept no responsibility for any actions taken or not taken on the basis of this publication. This may qualify as “Lawyer Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.

Copyright © 2016 DLA Piper. All rights reserved. | NOV16 | 3172968

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INTEGRATED SUPPLY CHAIN SOLUTIONS - DLA …/media/Files/Insights/...02 | Integrated Supply Chain Solutions ONE TEAM TO GUIDE YOU THROUGH YOUR ENTIRE SUPPLY CHAIN CUTTING COSTS AND