International Trade

We provide comprehensive legal support on international trade law issues for foreign businesses operating in Japan and Japanese corporations expanding overseas. Our expertise covers the WTO Agreement and related dispute settlement, and FTAs and EPAs, including the TPP, EU-Japan EPA, UK-Japan EPA, and RCEP. We also assist clients in negotiations with both Japanese and overseas governments.

Our services include:
・　Conducting legal analysis of trade and investment measures by Japanese and overseas governments in light of the WTO Agreement and other international rules
・　Supporting negotiations with government agencies
・　Advising on customs duties and clearance
・　Providing legal guidance on preferential tariffs under EPAs and FTAs, rules of origin, government procurement, and WTO dispute settlement

An investment treaty is an international legal agreement establishing the terms and conditions for private investment by nationals of one state in another. Typical protections provided thereunder include national treatment (NT), most-favored nation (MFN) treatment, fair and equitable treatment, and protection against expropriation, as well as a framework for investors to initiate ISDS procedures against the host state’s government. Our lawyers are well-versed in investment treaties and ISDS, offering legal support on measures affecting investors and their investments.

Our services include:
・　Providing legal advice on investment treaties
・　Offering legal support in ISDS procedures, including investor-state arbitration

We provide support on anti-dumping (AD), countervailing duties (CVDs), and safeguard (SG) investigations by Japanese and overseas governments. We also assist clients in filing applications to impose AD duties and CVDs on low-priced imports from other countries.

Our services include:
・　Providing support on AD, CVDs and SG investigations by Japanese and overseas governments
・　Assisting in filing applications to investigate AD and CVDs
・　Facilitating negotiations with government agencies regarding these matters

We offer legal support on export controls under the Foreign Exchange and Foreign Trade Act of Japan (FEFTA), as well as on export controls and economic sanctions of other countries, including under the USA’s Export Administration Regulations (EAR) and China’s Export Control Law. We collaborate with professionals from other jurisdictions to offer comprehensive guidance.

Our services include:
・　Assisting with Japanese export controls (the “list” and “catch-all” regulations) under FEFTA, including determining applicability, applying for export licenses, addressing violations, developing internal export control systems, and formulating internal export control regulations (ICPs)
・　Providing compliance support with US regulations, such as ITAR and EAR, including self-reporting in case of violations
・　Offering guidance on China’s Export Control Law and Anti-Foreign Sanctions Law
・　Advising on economic sanctions and trade-related human rights issues

In recent years, many countries have tightened FDI regulations due to growing economic security concerns, significantly impacting corporate investment activities, including M&A. In addition, in the EU, the Foreign Subsidies Regulation (FSR) now applies to subsidies received from foreign governments during M&A and public procurement. Utilizing our experience with FDI regulations under FEFTA and other relevant laws, we support our clients in navigating investment regulations imposed by authorities worldwide through our wide network of overseas professionals.

Our services include:
・　Providing legal advice on FDI regulations under FEFTA and other relevant laws
・　Assisting clients in addressing investment regulations in other jurisdictions, including reviews conducted by CFIUS
・　Helping clients navigate the FSR in the EU

The impact of economic sanctions on business is increasing globally, including in Japan. Financial and trade sanctions and other economic measures are frequently updated or tightened based on UN resolutions and international cooperation. We have one of the most extensive track records in Japan for advising on economic sanctions in this country, the US, Europe and other countries. Our team responds accurately and swiftly, considering policy trends, while collaborating with experts in each jurisdiction.

Our services include:
・　Advising on compliance with economic sanctions against Russia, Belarus, North Korea and others under FEFTA and other regulations
・　Advising on compliance with US financial sanctions (including OFAC regulations and secondary sanctions) and trade sanctions (including EAR) against Russia, Cuba, Iran, Syria and others
・　Advising on compliance with economic sanctions in other major jurisdictions, including the EU, the UK and Switzerland, among others

In addition to the above, we provide expert advice grounded in our advanced knowledge on all aspects of economic security measures.

Our services include:
・　Advising on compliance with relevant Japanese laws, including the Act on the Promotion of Ensuring National Security through Integrated Implementation of Economic Measures (securing the supply of essential goods, prior review of key infrastructure facilities, support for advanced key technologies, and non-disclosure of patent applications), the Act on the Review and Regulation of the Use of Real Estate Surrounding Important Facilities and on Remote Territorial Islands, the Act on the Protection of Specially Designated Secrets, and other security-related measures
・　Providing support for navigating the security clearance system
・　Advising on cybersecurity measures
・　Advising on compliance with US federal acquisition regulations, the CHIPS Act, and others
・　Supporting corporate risk management, contingency planning, contract practice, and addressing other related issues from the perspective of geopolitical risk and economic security

We also provide support for import and export regulations from the perspective of business and human rights, including compliance with the Uyghur Forced Labor Prevention Act (UFLPA) in the US. As global concerns about human rights grow, more countries are introducing similar regulations, and we are here to help our clients navigate these complex requirements.

In pursuit of the goal of “Net Zero by 2050,” countries worldwide are implementing a range of environmental and decarbonization measures. These initiatives include many that will impact the international competitive environment, such as the carbon border adjustment mechanism (CBAM), regulations and standards for strategic materials like batteries, and subsidies for electric vehicles (EVs). We offer strategic advice on how to navigate these measures, incorporating trade law perspectives to ensure comprehensive and effective responses.

Addressing global trade law and economic security measures requires more than just interpreting and applying individual treaties such as the WTO Agreement or specific domestic laws; it necessitates a comprehensive strategy that considers various systems across different countries. At Mori Hamada, we have established specialized practice groups in areas related to trade, including our Competition/Antitrust Practice Group, M&A Practice Group, Asia Practice Group, International Disputes Practice Group, Tax Practice Group, Data Security Practice Group, and Crisis Management Practice Group. These groups provide comprehensive advice on structuring, regulatory compliance, contract negotiations, dispute resolution and other issues that arise during international business expansion. Our International Trade Practice Group collaborates closely with experts in these related fields to offer practical and effective legal advice, ensuring our clients receive well-rounded support as they expand their businesses overseas.