ASEAN consists of ten member countries, namely Indonesia, Malaysia, the Philippines, Singapore, Thailand, Brunei, Vietnam, Laos, Myanmar and Cambodia. ASEAN countries offer low tariff duties to other member countries and thus, companies often use one ASEAN country to serve the entire region. After the initial years of economic building, ASEAN is now seeking to accelerate economic growth to achieve the ASEAN Economic Community by 2015. With the integration of ASEAN into a single market and production base, ASEAN presents many opportunities for companies, especially as a dynamic segment of the global supply chain. As a regional bloc, ASEAN is also actively pursuing free trade agreements (“FTAs”) with many trading partners, enhancing ASEAN’s attractiveness to foreign direct investment and gaining competitive advantage for ASEAN exports.

Bryan Cave International Trade has extensive customs, trade and investment expertise in ASEAN. Our consultants include former customs officials and customs and trade practitioners with years of experience working on ASEAN matters. Bryan Cave International Trade advises clients on their business strategies and operations in ASEAN, compliance with ASEAN member countries’ laws and regulations governing exports, imports, in-bound investments, special Customs areas, and the general conduct of business in ASEAN.

Strategic Business Advisory

Bryan Cave International Trade works with clients to develop the most optimal solution for their investment and business strategies with regard to ASEAN. We advise clients on:

• Monitoring and analyzing developments affecting investment, trade, customs, standards and conformance, intellectual property rights and other issues in ASEAN;

• Identifying the restrictions and requirements when establishing manufacturing, administrative, treasuring and other business functions and supply chain planning operations in ASEAN;

• Developing cost saving strategies that capitalize on the various ASEAN schemes and agreements, including the ASEAN Industrial Cooperation Scheme (“AICO”) and the ASEAN Investment Agreement (“AIA”);

• Applying to and engaging ASEAN member countries to receive AICO Scheme privileges;

• Structuring their operations to capitalize on certain special schemes, such as bonded zones, bonded warehouse schemes, special economic zones, free trade zones, and export processing zones;

• Ensuring compliance with customs requirements (e.g., valuation, tariff classification);

• Reviewing transaction, documentation, supply chain and financial flows, as well as assessing the risks; and

• Integrating their ASEAN operations into their global business network.

Customs Compliance & Advisory

Bryan Cave International Trade’s strength lies in its team of customs specialists with vast experience dealing with ASEAN matters and who have vast contacts within the Customs authority and other regulatory agencies of ASEAN member countries. We advise clients on:

• Reviewing operations and documentations to ensure compliance with rules of origin to obtain CEPT Scheme privileges and applying for CEPT Form D; and
   
• Advising on requirements specific to each ASEAN member countries relating to importations under CEPT Scheme, identifying risk areas and cost saving opportunities.
   

WTO & FTA Advisory

Many of Bryan Cave International Trade’s consultants are former trade and investment officials with experience negotiating free trade agreements (“FTAs”) and at the World Trade Organization (“WTO”). We assist clients in:

• Monitoring the status and direction of ASEAN’s on-going FTA discussions and analyzing the implications of the on-going discussion in relation to a client’s business and operations;

• Understanding the interpretation and application of the FTAs that ASEAN has entered into;

• Verifying rules of origin and rationalizing manufacturing and supply chain strategy to take advantage of tariff preferences provided under the ASEAN Free Trade Area-Common Effective Preferential Tariffs (“AFTA-CEPT”) and the bilateral and regional FTAs;

• Reviewing government programs relating to the industrial and services sectors for compliance with the FTA obligations;

• Incorporating the anticipated implementation of the relevant FTA obligations into the short-, medium- and long-term strategic planning for their business in ASEAN;

• Avoiding potential WTO-related problems in transactions (e.g., addressing discriminatory regulations and barriers in the services and other sectors), as well as on leveraging on WTO rules to obtain fair treatment and/or to increase market access; and

• Devising investment schemes, incentive programs and other tax and regulatory structures that are compliant with WTO and FTA requirements for presentation to the governments in ASEAN.