International Trade Law

Introduction: Why International Trade Law?

In a globalized economic system, companies operate not only in local markets but also within the framework of cross-border trade, foreign investment, customs procedures, free-zone activities, digital trade, and international agreements. These processes bring specific risks: tariffs and quotas, import–export regulations, customs procedures, trade sanctions and subsidies, cross-border intellectual property protection, and dispute resolution. Obtaining specialized legal counsel in these areas is essential to conduct business activities safely and sustainably.
Therefore, our firm provides comprehensive solutions to help you confidently manage all legal aspects of cross-border trade.

Our Practice Areas

Below, we explain our services broadly and in detail; each heading is optimized around a core keyword (e.g., “customs procedures,” “export–import compliance,” “trade sanctions,” “free-zone procedures,” “international commercial disputes”).

1. Import–Export Regulations & Customs Law

• Determining company obligations in import and export transactions; ensuring compliance with commercial invoices, bills of lading, and rules of origin.
• Customs classification (tariff codes) and application of the appropriate tariff via GTIP/HS Codes.
• Assessment of customs duties, quota applications, inward processing and temporary export regimes.
• Advisory services: legal risk analysis of the company’s import–export processes (“customs matters in all key markets”).
• Türkiye-specific support to ensure cross-border transactions by locally established companies comply with the relevant legislation (e.g., Customs Law, Customs Regulation).

2. Trade Sanctions, Export Controls, and Counter-Subsidy/Trade Remedies

• In-depth assessment and compliance management regarding international sanctions (e.g., country-based, product-based, technology-based).
• Export control regimes: analyzing which goods/services/technologies require export licences and related requirements.
• Support on trade defense instruments such as anti-dumping, countervailing (anti-subsidy) measures, and safeguards (“trade remedies”).
• Reviewing the impact of EU, US, and multilateral regimes (e.g., World Trade Organization – WTO) on trade from Türkiye to abroad and vice versa.

3. Free Zones, Special Regimes, and Investment Structuring

• Legal structuring for companies seeking to operate in free zones; tax and incentive analyses; guidance on applicable legislation under free-zone status (e.g., customs exemptions).
• Identifying legal issues faced by foreign investors making cross-border investments in Türkiye and abroad: market-entry conditions, incentive systems, investment protection treaties.
• Building the legal framework for “cross-border investment” and “foreign direct investment (FDI)” strategies within international trade law.

4. International Commercial Contracts & Logistics Supply Chain

• Delivery terms (CIF, FOB, DDU, etc.), application of INCOTERMS 2020, and clarifying obligations within the logistics chain.
• Drafting agreements for services exports and digital trade: clauses aligned with regional regulations and non-tariff barriers.
• Legal analysis of risks across international supply chains: force majeure, customs delays, cargo insurance, quality-control agreements (“the global trade of goods and services… a multitude of complex rules, procedures and exceptions”).
• Cross-border provision of e-commerce and digital services, data flows, and related regulatory risks (e.g., digital export, cloud services).

5. International Commercial Disputes, Arbitration, and Sanctions/Export-Control Defense

• Resolving cross-border commercial disputes between parties: domestic litigation, international arbitration (e.g., ICSID, ICC), and alternative dispute resolution.
• Developing defense strategies in case of breaches of trade sanctions and export-control regimes and related administrative penalties.
• Cross-border IP protection: import restraints, extra-territorial objections, and defense procedures (e.g., defending intellectual property rights in Section 337-type import investigations).
• Trade due diligence in mergers & acquisitions (M&A): analyzing international trade law risks in cross-border mergers and acquisitions.

6. International Trade Agreements & Customs-Union Policies

• Evaluating multilateral, regional, and bilateral trade agreements (e.g., EU Customs Union, Türkiye’s free trade agreements) and analyzing their impact on companies (“bilateral and regional trade agreements”).
• Assessing Türkiye’s existing and prospective trade agreements in terms of legal obligations: rules of origin, tariffs, market openings in services trade, and investment protection aspects.
• Advisory for public authorities, PPPs, and inter-state commercial regulation projects: regulatory compliance, state aid, and competition-impact analysis.

7. Digital Trade, E-Commerce, and Services Export

• Legal aspects of digital services and software/technology exports beyond physical goods trade: data flows, localization, electronic delivery, telecom regulations.
• Cross-border sales of services by SMEs, platform use, payment systems, and the interaction with data-protection and competition law.
• Cross-border obligations arising within the e-commerce logistics chain: returns, tax rules, local regulations.

8. Sustainable Trade and ESG Compliance

• Legal analysis of environmental, social, and governance (ESG) criteria in international trade processes: human rights in the supply chain, environmentally friendly production, carbon-footprint control (“deepening expertise in high-impact legal areas such as … international trade law and cross-border tax structuring”).
• Legal advisory on green trade, carbon border adjustments, and sustainable sourcing: enabling companies to gain a competitive advantage with a compliant trade strategy.

Our Principal Services Relating to International Trade Law

• Anti-dumping investigations initiated domestically and abroad
• Subsidy (countervailing) investigations initiated domestically and abroad
• For all kinds of disputes between merchants: first, taking the necessary preventive measures to avoid disputes; thereafter, carrying out all actions and procedures required for the resolution of existing disputes
• Lawsuits arising from energy contracts
• Lawsuits arising from current (running) accounts between merchants
• Lawsuits arising from negotiable instruments (bills of exchange, promissory notes, cheques)
• Advisory services to national and international companies
• National and international commercial contracts
• Registration of trademarks in the Trademark Registry for protection within the framework of Decree-Law No. 556
• Unfair competition lawsuits
• Preparation of agreements governing share transfers and shareholder relations
• Legal support on distributorship matters
• Safeguard investigations
• Surveillance application filings
• Applications for suspension, quotas, and tariff quotas
• Preparation of reports on changes in legislation and practice
• Trade policy consultancy
• Evaluating the compliance of actions taken by the relevant authorities with the legislation; where non-compliance is identified, ensuring such actions are corrected or annulled by an administrative decision, or bringing an administrative lawsuit
• Filing “Correction Requests” with the Customs Administration against customs duties and funds claimed to be unpaid or underpaid at the time of import
• Lodging objections before the Customs Administration and initiating lawsuits
• Making the necessary assessments and preparing defenses in relation to criminal complaints alleging the commission of any smuggling offense

Why Work With Us?

• Our team specialized in cross-border trade and investment law closely follows current regulations, multilateral agreements, and regional legislation.
• With hands-on experience in Türkiye and international markets—customs processes, tariff classification, sanctions controls, arbitration procedures—we provide practical and strategic solutions.
• Our legal advisory goes beyond “pure consultancy”: it includes risk analysis, implementation monitoring, establishing internal control systems, and pre-audit preparations.
• With strong command of technology, digitalization, and sustainability in international trade, we help companies adapt to next-generation business models.

Service Process

1. Kick-Off Meeting: We analyze your business model, domestic and international operations, existing risks, and target markets.
2. Diagnostics & Risk Analysis: We review your import–export processes, contract infrastructure, customs and investment structuring, and prepare a “legal compliance report.”
3. Tailored Legal Design: We draft customized policies and documentation for customs procedures, contracts, import–export policies, sanctions, and audit procedures.
4. Implementation & Monitoring: We implement the designed structures within your organization, train relevant teams, monitor compliance systems, and conduct periodic “legal health checks.”
5. Updates & Ongoing Support: Because international trade law is dynamic (tariff changes, new sanctions, digital-trade regulations), we provide continuous update and advisory services.

Target Audience & Sectors

• SMEs exporting goods and services and large enterprises building international networks.
• Companies investing from abroad into Türkiye or from Türkiye into other countries.
• Businesses operating in free zones and logistics hubs.
• Companies in digital trade, technology exports, and software services.
• Organizations pursuing international operations within green production, sustainable supply chains, and ESG compliance.

International Trade Law – Frequently Asked Questions (FAQ)

1. What is international trade law?
International trade law regulates the exchange of goods, services, and capital between countries. Import–export procedures, customs law, international commercial contracts, free trade agreements, trade sanctions, and arbitration are among its core areas.

2. What are the main sources of international trade law?

• World Trade Organization (WTO) Agreements
• Free Trade Agreements (FTAs)
• Customs-Union rules
• United Nations Convention on Contracts for the International Sale of Goods (CISG)
• INCOTERMS 2020 delivery terms
• Under Turkish law: the Customs Law, the Law on the Regulation of Foreign Trade, the Turkish Commercial Code, and the Turkish Code of Obligations

3. Are “international trade law” and “foreign trade law” the same?
They are related but differ in scope.

• Foreign trade law covers a single country’s import–export operations and customs regulations.
• International trade law covers commercial relations, contracts, investment, and arbitration processes between two or more countries.

4. What does an international trade lawyer do?
They identify legal risks in cross-border commercial activities, ensure regulatory compliance, draft commercial contracts, conduct sanctions and export-control checks, and manage arbitration or litigation when disputes arise.

5. What legal steps should a foreign investor take to trade internationally in Türkiye?

• Obtain a tax number and register with the trade registry in Türkiye.
• Secure import–export permits with a customs broker and legal counsel.
• Receive permits from the Ministry of Trade, the Ministry of Industry, or the relevant free-zone directorates depending on the investment’s nature.
• Ensure international contracts are compatible with Turkish law.

6. Which clauses are critical in import and export contracts?

• Delivery terms (INCOTERMS 2020)
• Payment terms (letter of credit, cash in advance, open account, etc.)
• Transfer of risk and title
• Penalties and liquidated damages
• Dispute resolution forum (court or arbitration?)
• Force majeure
• Governing law and language
  These elements are decisive in international commercial disputes.

7. What are INCOTERMS 2020?
INCOTERMS are standardized delivery rules that allocate delivery, transport, insurance, and cost responsibilities between the buyer and seller in international trade. For example:

• FOB (Free on Board): The seller is responsible until the goods are loaded on the vessel.
• CIF (Cost, Insurance, Freight): The seller pays freight and insurance.
• DDP (Delivered Duty Paid): All customs and transport obligations lie with the seller.

8. How are legal disputes during customs procedures resolved?
Administrative objections can be filed against customs decisions; subsequent judicial review can be sought before administrative courts.
In cases such as incorrect tariff classification (HS/GTIP), penalty decisions, or seizure of goods, legal defense should be conducted through counsel.

9. What do trade sanctions and export controls mean?
Trade sanctions are restrictions imposed by states or international organizations against specific countries, sectors, or persons.
Export controls require prior authorization/licences for exporting certain goods (especially defense items, technology, and software).
Violations may lead to significant administrative fines and trade bans.

10. What is an anti-dumping investigation?
It is an investigation launched to protect domestic producers when a foreign producer sells goods “below normal value.”
Additional duties (anti-dumping duties) can be imposed as a result.
Companies should be represented by international trade law specialists during these proceedings.

11. What legal advantages do companies operating in free zones have?
Companies in free zones may benefit from:

• Customs-duty and VAT exemptions
• Ease for foreign-exchange-earning activities
• Free profit repatriation
• Reduced bureaucracy
  However, each free zone has its own regulations.

12. Which arbitration institutions are commonly used in international commercial disputes?

• ICC (International Chamber of Commerce)
• LCIA (London Court of International Arbitration)
• ICSID (Investment Disputes)
• ISTAC (Istanbul Arbitration Centre)
• Ad hoc arbitration under UNCITRAL Rules

13. Which law applies to international commercial contracts?
Parties usually select the governing law in the contract (e.g., “Turkish Law” or “English Law”).
If not specified, principles such as lex loci contractus (law of the place of contracting) or lex loci solutionis (law of the place of performance) may apply.

14. How is taxation determined in international trade?
Taxation depends on the place of supply of goods or services, the country of tax residence, and applicable Double Taxation Treaties (DTTs).
Incorrect declarations or mistakes can lead to penalties.

15. Which legal rules apply to e-commerce and digital services exports?

• Law on the Regulation of Electronic Commerce
• Personal Data Protection Law (KVKK)
• Digital Services Tax Law
• Customs Law
• International data-transfer agreements
  This area evolves rapidly and requires ongoing legal advice.

16. With which countries does Türkiye have free trade agreements?
Beyond the EU Customs Union, Türkiye has FTAs in force with many countries such as the United Kingdom, South Korea, Singapore, Malaysia, EFTA states, Georgia, and Egypt.
These agreements facilitate low- or zero-duty trade in goods.

17. What are common legal mistakes in international trade?

• Not specifying the contract language and governing law
• Misapplying INCOTERMS
• Errors in customs codes or origin declarations
• Transacting with parties listed on sanctions lists
• Neglecting tax and insurance obligations
  These mistakes can result in heavy fines or trade bans.

18. Are international arbitration awards enforceable in Türkiye?
Yes. Türkiye is a party to the New York Convention.
Therefore, foreign arbitral awards can be recognized and enforced by Turkish courts.

19. What protections exist under foreign direct investment (FDI) law?
Investors are protected through international investment protection treaties, double taxation treaties, and investment incentive schemes.
These provide safeguards against arbitrary expropriation and unfair interference.

20. Why is sustainability (ESG) important in international trade law?
Global supply chains are assessed against environmental, human-rights, and governance criteria.
Companies that fail to comply with ESG standards—carbon footprint, ethical production, child-labor prohibitions—may face “non-compliance” risks in international contracts.

21. Which sectors most need international trade law counsel?

• Industrial/manufacturing exporters
• Energy, defense, technology, software, and chemical industries
• Logistics, transportation, and maritime companies
• Agricultural and food exporters
• E-commerce and digital-services firms

22. Why is translation of international commercial contracts important?
Mistranslation of legal terms can lead to misunderstandings of obligations and disputes.
Therefore, translations should be reviewed by a sworn translator and an international trade lawyer.

23. How can I assess a company’s compliance with international trade law?
Compliance assessments include:

• Accuracy of customs records and declarations
• Sanctions-list screening
• Contract reviews
• Import–export permits
• ESG and data-protection compliance
  A “legal risk analysis report” is prepared at the end of the assessment.

24. What is the difference between international arbitration and domestic litigation?
Arbitration allows parties to resolve disputes confidentially and swiftly before arbitrators they choose.
It is more flexible than court litigation and often safer for parties from different jurisdictions.
Arbitral awards enjoy international enforceability.

25. When should businesses seek international trade counsel?
Not only when a dispute arises, but also when:

• Preparing contracts
• Planning exports to a new country
• Entering a free zone
• Importing a new product or making a new investment
  legal counsel should be obtained.