IPBA 2021

Survival Strategies: Trade and Tax Imperatives

Organised by: International Trade Committee, Tax Law Committee

Session abstract:

Any talk about a downturn in international trade (far less, the death of international trade), post COVID-19 and post-Trump, is almost certainly premature. One only need look at the recent grounding of the “Ever Given” in the Suez as demonstrating the importance of trade flows to the global economy. This session will examine the legal challenges for global companies and businesses working cross-border, and the potential role of business and tax lawyers in the Asia-Pacific region in international trade and supply chain management issues. Issues to be discussed will include the possible resurgence of the WTO, grants & subsidies being offered by national governments to encourage manufacturers and exporters to operate offshore, and the implications of the COVID-19 pandemic on international transfer pricing policies.

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Jeff Snyder
Partner
, Crowell & Moring
Washington DC

Jeffrey L. Snyder is a partner in the firm’s International Trade Group in the Washington, D.C. office. He joined the firm in 2002.
Since 1986, Jeff’s practice has concentrated on the U.S. regulation of international trade. Clients seek him out for troubleshooting and problem solving in cross-border transactions. Jeff advises on import and export laws, including the EAR and the ITAR. He develops approaches for multinationals to manage the impact of U.S. extraterritorial regulations, such as the sanctions administered by the Office of Foreign Assets Control. Jeff assists companies in day-to-day compliance with these laws, and with interventions — such as audits and investigations, and civil enforcement proceedings. His recent work includes:

  • International trade due diligence in private equity transactions.
  • Internal reviews and voluntary disclosures under the EAR and sanctions laws.
  • Antiboycott compliance and compliance assessments.
  • Counseling on export control jurisdiction and compliance for chemical, aerospace, encryption, business software, telecommunications technology, satellites, reinsurance, and others.
  • Addressing compliance issues in technology, including export releases and IT access management, deemed exports, cloud computing, and VPN, among others.

Jeff has focused on emerging issues in international trade regulation, including transatlantic, multijurisdictional compliance, global compliance issues, and emerging technologies such as cloud and blockchain since the start of his legal career at Graham & James (1986-1998).
Jeff is a frequent speaker on international trade issues, and regularly makes presentations in the U.S. and abroad on U.S. trade regulation topics. He is ranked and recognized as a leading international trade lawyer, based on extensive client interviews and peer votes, in the following publications: The Best Lawyers in America in the area of international trade and finance law, Chambers USA and Chambers Global, Super Lawyers, and The Legal Media Group’s Guide to the World’s Leading International Trade Lawyers. Jeff has also been consistently recognized by The International Who’s Who of Business Lawyers for his work in trade & customs.

Jeff serves as the jurisdictional council member (JCM) for the United States in the Inter-Pacific Bar Association (IPBA) and served as co-chair of the IPBA’s International Trade Committee from 2010-2014; he remains a member of the Advisory Committee.

He is also the general editor of the Kluwer Law International publication, the Global Trade and Customs Journal.

Jeff is a member of the WCO PICARD Scientific Committee.

Jeff received his B.A. from the American University (1980), J.D. from the American University School of Law (1983), and LL.M. from Columbia University (1984). In June 2007, Jeff delivered the Commencement Address at the California State University Bakersfield, School of Humanities & Social Sciences graduation ceremony. Jeff proudly attended classes there from 1976 through 1978.

Michael Butler
Partner
, Finlaysons
Adelaide

Michael has spent over 35 years working solely in taxation law – he is a true specialist in his field. His deep experience in tax law means he can provide advice that considers each client’s unique situation and suggest tax-effective options and solutions to help clients achieve their commercial goals.

Background

Having worked in the tax groups of major law firms in London (Freshfields), New York (Sullivan & Cromwell) and Sydney (Allen, Allen & Hemsley), Michael has established a truly international tax and revenue practice from his base in Adelaide, servicing clients throughout Australia and all over the world. He provides clear, concise and commercially-focused advice and a high value and responsive service.

Experience

Michael’s expertise at state, federal and international levels includes income and company tax, capital gains tax (CGT), goods & services tax (GST), wine equalisation tax (WET) and fuel tax credits (FTCs), as well as stamp duty, payroll tax and land tax. Also experienced in international taxation, Michael has advised Australian and foreign companies extensively on the tax and GST implications of operating in, and outside, Australia including international transfer pricing arrangements.

Speakers

Rachael Budd
Managing Director
, Transolve
Sydney

Rachael Budd is the founder and president of Transolve Global, an international freight forwarding company that challenges the traditional ways of freight forwarding and uses innovative methods to ship cargo around the globe and take their clients’ businesses further.

Rachael started Transolve Global in 2006 and has grown it from a one-person operation into a global market leader with a formidable international presence, and a network across the globe, which includes offices in Australia, New Zealand and the USA. In addition, Transolve Global is a licensed customs broker in Australia, New Zealand and a licensed NVOCC in the USA.

With clients across a myriad of industries such as mining, bulk liquids, FMCG, food & beverages, industrial, agriculture, machinery, automotive and more, Rachael has a comprehensive knowledge of the full spectrum of global trade routes and all major industries.

Rachael’s innovative nature and astute acumen has shaped Transolve Global into the global freight forwarding force it is today. Her comprehensive knowledge of the global trading landscape and expertise insights have been invaluable in delivering value to her clients. This expertise has been especially invaluable as she helps businesses navigate the unprecedented post-pandemic global trade landscape, whilst continuing to take their business further.

Neil Russ
Director
, Russ & Associates
Auckland

Neil specialises in corporate and international income tax issues, as well as structured transactions. Neil also has extensive experience in relation to GST matters. In addition to his tax expertise Neil has a multi-jurisdictional background in banking, capital markets, structured finance, venture capital and private equity transactions.
Neil is currently advising a number of New Zealand and offshore clients about the tax consequences of available structuring options, and the tax aspects of investment transactions and asset disposals. He advises a number of clients, other law firms and accounting practices on the development of new business structures and products, and regularly assists clients with tax investigations, binding and non-binding ruling applications and tax risk reviews.

Neil has experience as an expert witness in relation to New Zealand tax matters.

Neil is involved in tax policy, and is frequently dealing with Inland Revenue and Treasury officials on proposed law changes.

Neil is also heavily involved in AML/CFT advice, and independent audits, for a range of phase I and phase II clients. He is a NZLS member of the AML/CFT Industry Advisory Group.

Neil is interested in all sport, and after a long triathlon career he now plays golf, enjoys skiing, orienteering, cycling and kayaking, as well as fishing and travel with his family.

Augusto Vechio
Partner
, Estudio Beccar Varela
Buenos Aires

Augusto Vechio is a partner at Beccar Varela. He co-leads the International Trade & Customs Department and is a member of the Diversity and Inclusion Committee. He joined the firm in 2003.

His practice areas include international trade, World Trade Organization rules (trade defense – dumping, safeguards, subsidies and countervailing measures and import licenses), Mercosur, execution of free trade agreements, export control & trade sanctions, antitrust (merger control and anticompetitive practices), unfair competition, consumer law and economic regulation.

Augusto obtained his Law degree from Universidad Católica Argentina (2004) and conducted post-graduate studies in Economic Administrative Law at the Universidad Católica Argentina (2005-2006).

He is a member of the Buenos Aires Bar Association, the International Bar Association (IBA) and the Inter-Pacific Bar Association (IPBA).

Augusto has been recognized by Chambers Latin America, Chambers Global, The Legal 500, Latin Lawyer 250, Leaders League and the International Law Office (Client Choice Awards 2013 and 2014).

He speaks Spanish and English.

Seetharaman Sampath
Founder
, Sarvada Legal
New Delhi

Seetharaman Sampath, one of the founders of Sarvada Legal, is a distinguished international trade lawyer. He has vast experience in handling issues relating to market access, trade remedies (antidumping duties, countervailing duties and safeguard measures), subsidies, customs valuation, sanitary and phytosanitary measures, technical barriers to trade, non – tariff barriers, investments, trade related intellectual property rights, and General Agreement on Trade in Services (GATS).

He has represented clients globally in over 250 trade remedy investigations spread across 18 jurisdictions seeking either imposition of trade remedy measures or opposing them. His clients include domestic producers, foreign producers, exporters, importers, governments of exporting countries, end users and other interested parties. Combining his legal acumen with a sound knowledge of accounting, he provides the most appropriate solutions to the clients in every trade remedy investigation.

Seetharaman is an expert on issues relating to free trade agreements, including rules of origin and bilateral safeguard measures. He assisted the Government of India in the Regional Comprehensive Economic Partnership (RCEP) negotiations.

His expertise includes customs law, foreign trade policy, export controls, foreign exchange management, foreign direct investments (both inbound and outbound), commercial laws and technical standards issued by Bureau of Indian Standards (BIS).

Seetharaman is a seasoned litigating lawyer regularly appearing before the adjudicating authorities in various departments of the government of India, tribunals, High Courts and the Supreme Court of India. He has represented members of the WTO before its Dispute Settlement Body in several WTO disputes.

He has also helped clients in India get products removed from the list of goods produced using child labour/forced labour maintained by the Bureau of International Labour Affairs (ILAB) of the US Department of Labour.

Before starting his legal practice, Seetharaman served as a civil servant as a member of the prestigious Indian Civil Accounts Service (ICAS) in various capacities such as Deputy Controller General of Accounts, Ministry of Finance and Deputy Secretary in the Union Public Service Commission. Early in his career, he has also worked with Canara Bank.

Liyao Wang
Lawyer / Registered Migration Agent
, Finlaysons
Adelaide

Liyao was born and grew up in China, and received her education from primary school to post-graduate university in China. She obtained her Bachelor of Laws (International Economic Law) and Master of Laws (Economic Law) at Chinese universities, and later commenced a Doctorate of Civil Law in Germany.

Liyao then studied law in Australia, and qualified as a Barrister and Solicitor of the Supreme Court of South Australia.
Because Liyao grew up and was educated in China and Germany, and has also studied law in Australia, Liyao understands both the civil law and common law systems. Liyao is therefore uniquely placed to provide legal and commercial advice to clients.

Liyao specializes in Australian and Chinese taxation, cross-border investment, migration, and Chinese legal matters generally.
Note: Finlaysons is a large Australian commercial law firm established in 1850 and has a history of nearly 170 years. It is also the leading law firm in South Australia and the Northern Territory.