International Trade & Investment

Businesses moving technology, data, goods, and services across borders face a multitude of complex rules and regulations, especially as governments reemphasize economic and national security in light of ongoing geopolitical tensions. These governmental and regulatory actions have a significant impact on the worldwide operations, market access, supply chains, and long-term success of organizations.

McCarthy Tétrault’s International Trade & Investment Law Group has deep experience in the full suite of trade and investment laws, providing timely and bespoke advice to clients in Canada and abroad. Recognized as Canada’s top trade and investment law practice by the Globe and Mail and with a Band 1 ranking from Chambers Global and Chambers Canada, clients trust us to provide creative and practical advice that achieves their most ambitious goals in a complex global trade environment.

Responsive and proactive counsel

We operate at the intersection of law and business, helping you understand the political, commercial, and legal aspects of cross-border activities. We offer:

• Strategic industry insights: Our advice covers a myriad of sectors, including technology, energy, financial services, consumer products, agri-food, mining, and more, ensuring our counsel meets the particular challenges of your business while achieving long-term commercial goals.
• International collaboration: We operate from an international platform with offices in Canada’s financial hubs, London, U.K., and New York, U.S., providing clients with seamless support wherever they are. As a trusted referrals partner to exceptional international law firms, we offer the certainty that you will always work with the best.
• Meaningful government relationships: Having built a strong reputation for professionalism with Canada’s most important trade regulatory agencies, we can help you avoid delays by anticipating challenges and quickly responding to any should they arise.

The full suite of international trade and investment law services

Companies looking to maintain or expand their access to foreign markets come to us for help navigating both legal and commercial challenges, including those arising from trade wars, economic sanctions, and regional conflict. We regularly assist clients in preserving and enhancing business integrity by implementing due diligence within their supply chains and operations to align with proliferating regulations and trade controls. Our services cover:

Customs duty and border measures: Our experts provide comprehensive advice on customs and border measures, including those imposed under ongoing trade wars, such as tariffs, retaliatory surtaxes and other measures, import and export restrictions, product detentions, and critical tariff classification, valuation, and country-of-origin rules. We support importers and exporters navigating the Canada Border Services Agency’s mandate with legal advice that aligns with commercial goals.

Economic sanctions and anti-terrorism laws: Our strategic counsel helps individuals and companies comply with Canadian and international sanctions and anti-terrorism regimes, as well as relevant anti-money laundering and criminal laws. With geopolitical developments constantly evolving, we help you manage risk and stay compliant in a highly volatile and complex political landscape.

Export and technology transfer controls: We help you stay compliant with Canadian and international export and technology transfer control laws, supporting clients in securing export licenses, classifying controlled technologies, as well as structuring domestic and cross-border transfers to minimize regulatory risk arising with dual-use, defence, nuclear, and other controlled items.

Product regulatory requirements: Clients receive advice covering multiple jurisdictions, enabling them to meet manufacturing, safety, labelling, and overall compliance standards and cross-border distribution and sales rules when entering and remaining in distinct markets. Our guidance aligns legal compliance with commercial strategy, reducing liability while enabling growth.

International trade and investment agreements: We advise on the interpretation and application of international trade and investment treaties and other arrangements, helping clients navigate discriminatory and other harmful government measures to their foreign investment and market access, and to seek protections and relief through legal and commercial strategies. We provide expert opinions, advisory, and lead litigation counsel services in connection with investor-state disputes, including those administered under UNCITRAL and ICSID rules.

Government procurement: Our advice is extensive, covering federal and provincial contracting rules, trade agreement obligations, bid protest procedures, and Canada’s integrity regime and debarment framework. You can rely on us for full coverage with due diligence, compliance, investigations, and remediation, as well as pre- and post-bid disputes and litigation.

Forced labour and international human rights: We actively support clients in meeting their obligations under Canada’s modern anti-slavery regime in the Fighting Against Forced Labour and Child Labour in Supply Chains Act and the Customs Tariff. Our work in this space frequently intersects with other international human rights frameworks, as well as strategic challenges, such as conflict minerals.

Anti-dumping, countervail and safeguard measures: Whether you’re an importer, exporter or domestic producer or user in the Canadian market, we help you navigate trade remedy systems, including CBSA investigations, Canadian International Trade Tribunal inquiries, appeals, and compliance strategies under Canada’s Special Import Measures Act and similar foreign frameworks.

Anti-corruption and payment disclosure: We can help you implement internal controls, conduct risk assessments and investigations, and respond to enforcement actions, ensuring you remain compliant with both domestic and international anti-corruption laws. We also support alignment with anti-bribery, sanctions, and anti-money laundering frameworks.

Government relations and legislative affairs: Having worked with agencies, committees, lawmakers, and bureaucrats at the provincial and federal levels, we operate at the interface between the public and private sectors. We have developed a reputation for trust and professionalism, ensuring meaningful dialogue and advice. Many members of our team are registered lobbyists.