We provide consultancies related to all WTO Agreements which include the AGREEMENTS on

1. ANTI-DUMPING
2. ANTI-SUBSIDY
3. SAFEGUARDS
4. GENERAL AGREEMENT ON TRADE IN SERVICES (GATS)
5. TRADE RELATED INVESTMENT MEASURES (TRIMS)
6. TRADE RELATED INTELLECTUAL PROPERTY RIGHTS (TRIPS)
7. PRE-SHIPMENT INSPECTION
8. RULES OF ORIGIN
9. TECHNICAL BARRIERS TO TRADE
10. SANITARY & PHYTOSANITARY MEASURES
11. CUSTOMS VALUATION

Our specialised services include;

1. Preparation of Application, Representation & further co-ordination with Statutory Authorities & Courts of India as well as of Foreign Countries at all stages including Interim Reviews & Sunset Reviews.
2. Study of different subsidy schemes framed by National as well as State Governments.
3. Study of Multi-Country legislations and their WTO Compliances under GATS Agreement of WTO.
4. Representing the corporate clients before customs and subsequent statutory authorities.
5. Representing Exporters when investigations / restrictive actions are taken by foreign countries under various WTO Agreements.
6. Representation for Arrangement and Review of GSP ( Generalised Scheme of Preferences) benefits for exporters of India and other developing countries from developed countries like USA and Europe.
7. Representation before WTO Dispute Settlement Forum for cases filed with WTO under any of the WTO Agreements.
8. Imparting training to Govt. officers & Corporates on various WTO Agreements.

FREE TRADE AGREEMENTS ( FTAs )

The recent surge in signing Free Trade Agreements (a form of Regional Trade Agreement) is a GLOBAL PHENOMENON. As on date, 400+ notified RTAs are in force globally. We have the expertise to study, analyse and forecast the impact of the FTAs. The following services are offered:

1. Cross Sectional Analysis of existing FTAs affecting the markets of the Global Corporates.
2. Conducting Impact Study & Opportunity Study of FTAs on behalf Corporates.
3. Representation before statutory authorities for seeking relief under the Rules Of Origin / Settlement of Disputes / Safeguard Measure clauses of the relevant FTAs on behalf of Domestic Industries.
4. Representation before statutory authorities when investigations are started under the Rules of Origin / Settlement of Disputes / Safeguard Measure clauses of the relevant FTAs on behalf of Export oriented Corporates.

ANALYSIS OF INTERNATIONAL TRADE DATA

We carry out Analysis and Interpretation of the Export-Import Trade Data as per users’ requirement by using latest statistical tools and models. The data can be procured from Government managed online sources as well as other available authenticated sources. The beneficiaries can be the Government Departments, Industry Associations and Corporates.

COMPETITION ( or ANTI-TRUST) LAWS & POLICIES

1. Representation with statutory authorities of various countries.
2. Advising Corporates about International Mergers & Acquisitions.
3. Advising and Representation during investigations of Anti Competitive Agreements & Unethical Combinations like Cartels etc. are initiated.
4. Due-Dilligence studies for international mergers from the financial angles as well as the angle of Competition Laws prevailing in the relevant countries & Undertaking Research Studies.

EXPORT CONTROL LAWS

STRATEGIC TRADE MANAGEMENT or EXPORT CONTROL LAWS are widely adopted by the countries to control the exports of dual (military & civilians) use items. Various Export Control Laws followed by the countries have created the necessity for the corporates to realise the basics, adhere to the regulations and create a culture among the resource persons from the grass root level to adhere to the security related concerns associated with international trade.  We can provide below related services:

1. Implement, review and modify the trade related security controls.
2. Prepare manual of adherence of the applicable Export Control Laws and Procedures.
3. Represent the corporates when faced with investigation from the statutory authorities.
4. Provide guidance about the existing Export Control Regime of different countries.

INTELLECTUAL PROPERTY RIGHTS (IPRs)

We provide exclusive IPR Consulting Services in the following areas;

1. Registration Services – Registration of Patents, Trademarks, Industrial Design, Copy rights & Geographical indications etc. at both national & international level
2. Representations before statutory authorities wherever permissible and possible.
3. Documentation – Drafting of Application for registration of the IPRs
4. Valuation of the IPRs and Strategic Advises related to Sale / Acquisitions of IPRs.
5. Cooperating Corporates in Global Search of existing and prospective IPRs.
6. Advisory Services on Taxation of IPR’s – Service Tax, Income Tax and Capital gains
7. Accounting of  IPR’s
8. Negotiating Royalty, Agency, Distribution, Franchise, Drafting licenses, non-disclosure agreements and Licensing agreements
9. Joint venture and Foreign Collaboration
10. Intellectual Property Management & IPR Audit
11. Preparation for contesting opposition against application for registration of IPRs (in case of Patents, Trade marks, Geographical Indicators)
12. Registration of copyright protected works i.e. literary, artistic, cinematographic work and computer programs.
13. Patent and trademark litigation support including representation in hearings before the examiner, assistant, deputy, joint controller and controller of patents and assistant registrar and registrar of trademarks, filing oppositions and initiating infringement actions.
14. Function as an Arbitrator – resolve infringement matters – through Alternative Dispute Resolution  when appropriate
15.  Advisory on acquisition of intellectual property assets and a thorough due diligence review of complex ownership issues.
16.  Advisory and assistance in negotiating and structuring intellectual property development agreements, including joint development agreements
17. Analyzing and assisting in strategically positioning IPR’s to achieve maximum valuation and growth
18. Infringement Analysis Opinions and Certifications
19. Advisory on assignments of Trademarks

FOREIGN INVESTMENT & TRADE POLICIES

1. Consultancy Services to  Corporates on various aspects of Foreign Trade Policies of Various Countries and Appraisal of Special Benefit Schemes like SEZ / EOU/ STP etc.
2. Vetting / Drafting of FDI Agreements, Financial Evaluation of FDI proposals and Field Study Assignments.
3. Vetting of Counter Guarantee Agreements signed by National & State Governments.
4. Advisory services related to Foreign Collaborations, Joint Ventures and Acquisitions.
5. Analysis of Political and other factors affecting investment decisions of corporates.
6. Representation before statutory authorities on behalf of corporates.
7. Acting as Arbitrators when dispute arises.
8. Valuation of Tangible and Intangible assets for settlement of trade disputes or initial / subsequent investments.
9. Advising Corporates about Global FDI policies adopted in different countries and selection of suitable partners for joint ventures.
10. Advisory on WTO Compliance of (as per TRIMS Agreement) of FDI Policies.

BUDGET ANAYSIS, RESEARCH , ECONOMIC & INDUSTRIAL SURVEYS

We conduct economic and industrial surveys for various purposes at national and international level:

1. IPR Infringement Surveys
2. Forecasting Movement of stock prices of industry sectors by analyzing India’s commitment on Tariff Reduction at WTO.
3. Export Capability Assessment Surveys
4. Industry SWOT Surveys and Overviews etc.
5. Both Socio-Econometric Analysis, Taxation Policy Advisory and Fine tuning of BUDGETS adopted by State and National Governments.
6. Advisory  to National & State Governments in the areas of Capacity Building, Globalisation Strategies, Policy Formulations and Cluster Development.

DRAFTING & VETTING OF EXPORT/ IMPORT AGREEMENTS & CONTRACTS

1. We do Drafting of Export and Import Agreements & Contracts.
2. We also do Critical & Analytical Vetting of Export and Import Agreements & Contracts.

WTO & STRATEGIC AUDITS

Global Competitiveness is the buzzword for the today’s corporate world. Where as a corporate can attain competitiveness through organizational re-engineering, sustaining it has become more critical in the present day scenarios. Everyday technology is changing, people are moving and investment flow is becoming country centred. The Regime of Globalisation has increasingly become complex with the international trade rules negotiated by 150 nations at the WTO and the criss cutting of 197 notified Free Trade Agreements along with the compliance standards demanded by the competition / antitrust laws of various countries.

The international trading regime is also becoming quite complex not remaining limited to the manufacturing & exports of goods, but encompassing movement of human beings, services, licensing, handling of IPR issues, transfer pricing rules and Investment & protection of capital along with alternative dispute settlement mechanisms becoming integral part of the international trading. Over and above, the technical standards required to meet international standards & environment laws etc. are also regularized under the auspices of the WTO.

It is therefore imperative to identify the positive & negative factors responsible for sustenance of competitiveness. It is therefore important to evaluate the Strategies adopted by a Global Organisation to ascertain that;

1. Its exports are not imposed with the trade protection measures (Anti- Dumping Laws, Anti-Subsidies and Safeguards) imposed by the National Governments of the importing countries. Even initiation of investigations by Foreign Governments under these laws may cause serious business damage to the brand and reputation of a corporate.
2. It has exercised the remedies available under the trade protection measures at appropriate time when imports cause losses to its business.
3. It has exercised properly the remedies available under the applicable Free Trade Agreements when imports cause losses to its markets.
4. It has complied with the Export Control Laws, Environmental Laws and other applicable International Quality Standards in the production processes.
5. Its investments abroad are secured under different political & other adverse situations and the Counter-Guarantee Agreements being signed with the State & National governments have been drafted properly to protect its interests adequately.
6. Its Intellectual Property Rights including Patents, Trademarks & Geographical Indications etc. are adequately protected and registered internationally.
7. Proper study has been undertaken to ascertain the commitments given by the countries under GATS for deployment of staff & commercial establishments etc. before doing business in those countries.
8. Proper analysis of FDI policies of various countries has been carried out prior to finalisation of related FDI Agreements. The decision relating to investments in a particular country and selection of partners has been done after due background investigations regarding FDI policies is carried out.
9. It has done adequate research in estimating the trading opportunities available under different Free Trade Agreements and cross analysis of the different FTAs, prior to market development / penetration.
10. Whether Impact Analysis is done regularly for the applicable products under different FTAs and the Rules of Origin requirements under the applicable FTAs are being complied with including the safeguard mechanisms incase the excessive imports under the FTAs have disrupted the markets.
11. Whether the option of alternative methods of dispute resolution (ADRs) have been exercised after doing cost-benefit analysis incase of trade disputes occurring internationally rather than directly approaching the statutory authorities for applying the trade protection measures.
12. Whether the Corporate is engaged in any activities which could be claimed as unethical Anti-Competitive Practices, Combinations /Agreements which may attract penal actions from the Competition Law Authorities in different nations where it has a presence.
13. Whether the study & analysis of competition and antitrust laws prevailing in other countries have been done incase of International Mergers & Acquisitions.

The various agreements of WTO demand preventive actions from the global corporate rather than curing actions. Hence, the need arises for a different approach to understand the dynamics of the international markets, take appropriate decisions at appropriate time and final actions being based on competitive global strategies adopted by the organizations. The importance of keeping the brand & market intact can not be just ignored. It therefore has created the requirements of the latest process of Strategic Audits in the WTO Regime – in short “ WTO & STRATEGIC AUDITS “.

The concept of WTO & Strategic Audits is different from those of regular financial audits. It is a strategic audit process (with transaction verification in limited manner at applicable stages only), which encompasses the entire spectrum of activities an organization performs. It is an essential review of Board’s strategies but may en-length to the bottom of the trading process. The concepts applied are global and the methodologies adopted are of highest international standard, which ensures that the organization is able to sustain its global competitiveness. The audit process is to be carried out normally by a team of Accountants, Lawyers, Economists and Technology experts. The experts are well versed with different domains of International Trade Laws, WTO Agreements on Anti-Dumping, Anti-Subsidies, Safeguard Laws, Rules of Origins, GATS Commitments, IPR Valuations & Regulations, Investment regulations, Technical Barriers to Trade, Sanitary & Phyto Sanitary measures, Pre-shipment Inspections, International Labour standards, Competition / Antitrust laws prevailing globally and International Commercial Arbitrations.  Understanding that a global corporation may not need all the type of compliances at a time, the experts may be engaged depending upon the organisational requirements.