International Trade, Customs and Competition

ln order to assist clients in their activities, it is essential that our lawyers are experts in the areas of both shipping and international sale of goods; in the majority of situations when problems occur, issues arise both in relation to the underlying sale contract and the transport of the cargo concerned.

A number of our partners and solicitors have, over the years, developed this dual expertise and are able to provide clients with the well-rounded, comprehensive advice they require.

We advise clients on an extensive range of trading, shipping and trade finance issues including:

• quality determination, contamination and “off—spec” claims;
• late shipment/delayed arrival;
• letters of credit and documentary compliance;
• demurrage under both charters and sale contracts;
• bills of lading and LOIs;
• sales / supply contract negotiation and formation;
• standard trading terms/GT&Cs;
• crisis management and emergency response;
• sanctions;
• revolving credit facilities;
• export prepayment financing facilities;
  joint ventures;
• derivatives and futures contracts;
• charterparties and other carriage issues;
• regulatory and duty issues;
• safe port issues; and
• on-and off-shore storage contracts,

We also act for clients in all major soft commodity markets from grain and feed, palm oil and soya beans to coffee, sugar, fertilizers and bio fuels. Our dedicated team of experienced and technically proficient lawyers are frequently called upon to act on behalf of clients in relation to disputes arising under both trading and shipping contracts.

We specialise in all aspects of soft commodities, including production, refining, physical and derivatives trading, finance, marketing, storage, transportation, insurance and end use.

Our firm has a recognised expertise in customs regulation and is able to provide a large range of services in this complex and fast-changing area. Our customs and excise team can advise French or foreign companies and individuals on a wide range of issues:

• clearance process (optimisation of the best customs procedures),
• customs classification of goods,
• customs valuation or custom origin (trade agreements and EU antidumping regulation)
• investigations and ligations with French customs authorities.

We also have a strong experience in excise matters on relevant products, i.e. alcoholic beverages, tobacco, energy products and precious metals.). Our team has assisted clients in their registration as authorised warehouse keeper and in litigation with the French Customs on taxable events regarding goods subject to excise taxes.

Our long-standing expertise also covers specific taxes applicable within the French territory, such as “octroi de mer” in the French Overseas territories, general tax on polluting activities, special tax on road vehicles, and duties on pleasure vessels, etc.

Recent matters include:

• Assisting a French company within customs investigations on import of tubes and pipes produced in India and regarded as originating from China s
• Advising client on the customs -classification of products (binding tariff information) and customs valuation (question on moulds and tools provided by the importer to the supplier)
• Advising a Spanish trading company on excise rules on the transport of energy products from another Member State to their French clients in France
• Assisting clients for alcoholic beverages arrested by the Border Force in the UK
• Advising clients on tax applicable to energy products (fuel, electricity (including cogeneration))

Our team offers a unique set of skills and experience to support companies involved in import and export of goods.

We have a solid and up-to-date knowledge of the regulatory framework applicable to international trade of goods, including goods subject to specific regulation and export control such as dual-used goods, artworks and cultural goods, weapons, waste and recyclables, food, sanitary equipment, chemical goods or aeronautics industrials goods and more generally goods subject to EC marking.

We assist and advise clients involved in the trade of goods subject to specific regulations. We also assist intermediary operators such as customs agents or logistics operators. We grasp all the practical aspects of the client’s requests related to regulatory on import/export, and we always aim at providing business-related and pragmatic solutions.

Our extensive experience working with the French Customs ensures a swift and efficient treatment of the customs obligations and procedures. We have a deep understanding of the French procedure to obtain prior authorisation and the applicable controls on goods subjects to specific regulations.

Recent matters include:

• Certification of sanitary equipment in the context of Covid-19
• Advising an insurance company in relation to the export of waste and recycling material by one of its insured companies to China
• Assisting a yacht-owner regarding the importation of artwork on a yacht sailing European waters
• Drafting logistics and customs services contracts
• Assisting clients in the aviation sector obtaining EASA Certification
• Advising a number of aviation companies on compliance with the EU General Data Protection Regulation, including carrying out a data audit, drafting their Privacy Policy, Employees data privacy policy, Addendum/amendments to contracts with third parties, Binding Corporate Rules and handle contacts with EU leading European Supervisory Data Protection Authority.

The changing landscape of international trade sanctions creates both commercial difficulties and significant risk for businesses. Failure to comply with the various sanctions regimes can have serious consequences for businesses and their employees including fines and imprisonment.

Our sanctions specialists can provide you with expert advice on all aspects of UN, EU and UK sanctions. We can help you to identify and manage your company’s exposure to sanctions risks and to develop your due diligence and compliance procedures in order to avoid breaching sanctions regulations.

Members of our sanctions team regularly provide advice to both EU and non-EU based clients on the impact of sanctions regimes affecting the shipping, international trade, energy, aviation and insurance sectors. We can also assist you with obtaining advice from the United States and other countries on their sanctions regimes.

We can respond quickly and provide you with time critical advice. We can help to resolve commercial disputes arising from varying compliance requirements in different jurisdictions and offer practical solutions to day-to-day sanctions queries.

Our high-quality EU competition and regulatory team specialises in Stream’s key sectors – transport (aviation, shipping), energy and international trade.

Recent matters include:

• Advising and handling a joint notification to the European Commission of a JV in the shipbuilding sector (acting for the five parties).
• Assisting a major supplier of equipment to the oil and gas industry in the preparation of their EU competition law self-assessment report in respect of the establishment of a JV in the EU.
• Assisting a major EU shipping company with an EU competition law compliance audit of its business activities and delivering EU compliance training to the staff.
• Advising an aviation company in relation to a commercial dispute with a major technical supplier involving abuse of dominance issues.
• Assisting an aviation company in the preparation of their EU competition law self-assessment report in respect of joint services (metal neutral JV) involving routes from Asia into the EU.

With over 200 international arbitrations under its belt and 100+ successful mediations in over the past 15 years, our team is able to assist clients in any national or international disputes, arbitration and mediation within our core sectors, and in particular international trade.

Our clients will benefit from a tailor-made service from lawyers who know their industry inside out, always within our objectives of excellency and efficiency. 

We are extremely active on claims and matters brought before national jurisdictions, in France and in England, but also in foreign jurisdictions with the support of local counsel.

We have also handled numerous international arbitrations with the following institutions: International Chamber of Commerce, London Court of International Arbitration, Singapore Court of International Arbitration, London Maritime Arbitrators’ Association, Singapore Court of Maritime Arbitration, Chambre Arbitrale Maritime de Paris, World Intellectual Property Organisation, Grain and Feeds Trade Association.

Recent matters include:

• Representing a French undertaking and obtaining a €1m award in a solar panel dispute before WIPO
• Successful Rule 12 challenge in an ICC arbitration  (and obtaining the resignation of an English QC who had been appointed as arbitrator by the Claimant in an ICC arbitration and had shown bias towards our client -(trader based in the Philippines).
• Successfully representing a French bulk operator in disputes against Indonesian coal miners before the SCIA and SCMA.
• Successfully assisting oil traders in ICC arbitration and enforcement of award against an insolvent counterpart.
• Successfully representing French shipowners in LMAA arbitrations.
• Successfully assisting vegoil traders in GAFTA arbitrations.

Our team is led by a strong contingent of dual qualified English solicitors/avocats and two accredited mediators.