ANDREW W. SHOYER is a partner in the Washington, D.C., office of Sidley Austin LLP and co-chairs the firm’s international trade practice. Andy focuses on the implementation and enforcement of international trade and investment agreements.Andy also advises companies on compliance with sanctions administered by U.S. Treasury’s Office of Foreign Assets Control (OFAC) and export controls administered by the U.S. Commerce Department’s Bureau of Industry and Security (BIS), as well as proceedings before the Committee on Foreign Investment in the United States (CFIUS). Drawing on his experience at the Office of the U.S. Trade Representative (USTR) and with the World Trade Organization (WTO), Andy advises companies, trade associations and governments on the use of WTO, NAFTA and other treaty-based trade and investment rules to open markets and resolve disputes. He works extensively with manufacturers and service providers on WTO compliance in Asia, and on protection of intellectual property in bilateral and regional free trade negotiations.Andy spent seven years at USTR, serving most recently as Legal Advisor in the U.S. Mission to the WTO in Geneva. He was the principal negotiator for the United States of the rules implementing the WTO Dispute Settlement Understanding, and has briefed and argued numerous WTO cases before dispute settlement panels and the WTO Appellate Body. Prior to his arrival in Geneva, Andy was Assistant General Counsel at USTR in Washington, D.C., where he served as principal legal counsel in the negotiation of the market access rules of the NAFTA, as well as the framework agreements with various Latin American countries. He also worked on numerous trade policy issues with Congress and the economic agencies of the Executive Branch.
Andy’s leadership in the international trade and dispute settlement arena is widely recognized. International Law Office has bestowed on Andy twice its Client Choice Award for client service in trade and customs law. Chambers and Partners identifies Andy as a “standout practitioner” and has ranked him consistently in Band 1, and Who’s Who Legal notes that Andy is “simply superb.” Andy is an adjunct professor in international trade and investment policy at the School of Foreign Service of Georgetown University.
The breadth of Andy’s practice is reflected in the following sampling of his representations of:
ECONOMIC SANCTIONS AND EXPORT CONTROLS
• Dell in the acquisition of StatSoft, Inc., a developer of analytics software products and solutions.
• A manufacturer of oilfield equipment regarding compliance with OFAC’s Ukraine-related sanctions.
• A European-based investment fund regarding compliance with OFAC’s Sudanese Sanctions Regulations.
MARKET ACCESS AND REGULATORY BARRIERS
• A Brazilian trade association in the use of WTO rules to address regulatory barriers in Europe affecting trade in renewable fuels.
• An association of global companies seeking to address local content requirements in U.S. federal and state procurement laws.
• A global research-based pharmaceutical manufacturer in the use of WTO rules to address restrictive product standards in China.
TRADE POLICY AND NEGOTIATIONS
• Bayer USA in proceedings before the U.S. International Trade Commission regarding trade, investment and industrial policies in India and their effects on the U.S. economy.
• Caterpillar in the elimination of barriers to trade in remanufactured goods through the negotiation of U.S. free-trade agreements with Chile and Singapore.
• The Government of Colombia on legal issues arising during the negotiation of a free-trade agreement with the United States.
• A global telecommunications services supplier in proceedings to combat unfair conditions of competition in Mexico, resulting in significant reductions in termination rates for cross-border long distance calls.
• A WTO Member government in proceedings regarding local content requirements in Ontario’s clean energy program, resulting in the elimination of the requirements.
• A Russian agricultural trade association in proceedings regarding import restrictions designed to address outbreaks of trans-boundary animal disease.
• American Electric Power in the development of innovative approaches to address carbon leakage as part of proposed U.S. federal climate change legislation.