Chiara Klaui is counsel in the international trade practice.
Practice & Background
Ms. Klaui’s practice focuses on the area of EU international trade. She is proficient in economic sanctions, export controls, customs, and product and food regulation. In addition, Ms. Klaui advises on compliance with antibribery/anticorruption and anti-money laundering legislation, and she regularly conducts internal investigations. She is also experienced in the drafting and reviewing of internal compliance programs.
Ms. Klaui’s practice includes advice and litigation, and she represents clients before national (customs, export and other) administrations and courts, as well as the European Commission. She advises clients on restrictions such as export controls (dual-use and military) and economic sanctions imposed against countries like Russia, Iran and Syria, as well as their implementation in different EU member states.
Ms. Klaui’s practice focuses on the commodities, information technology, offshore, and oil and gas sectors. She has extensive experience in helping clients obtain licenses in respect of the supply of controlled items and the invoking of so-called “grandfathering” and other sorts of relief under the different EU sanctions regimes. Ms. Klaui has also represented numerous clients before the administration in voluntary self disclosures for breaches of EU export controls and sanctions legislation. She also regularly conducts internal investigations and provides compliance trainings.
Ms. Klaui also advises on other aspects of trade regulation, such as trade remedies, free trade agreements, rules of origin, and product and food regulation (labeling, Convention on International Trade in Endangered Species of World Flora and Fauna, export refunds, etc.), and on EU customs compliance, notably customs classification (including Binding Tariff Information).
Ms. Klaui’s recent engagements include:
- advising an investment fund with regard to a compliance program under the EU sanctions post-“nuclear deal” relating to an investment in securities listed on the Tehran stock exchange
- representing a client in voluntary self-disclosures concerning unlicensed exports of telecommunication infrastructure hardware, including advice on encryption classification
- representing a client in refund applications to national EU customs administrations for EU antidumping duties on canned fruits following the annulment of the EU regulation by the European Court of Justice
- advising oil and gas exploration services and offshore construction companies on the impact of the EU sanctions against Russia on oil and gas projects
- advising a maritime company on a voluntary self-disclosure concerning prohibited transactions with an EU-designated party, including negotiating a criminal settlement with the Dutch authorities
- advising companies on criminal exposure for money laundering offenses arising from sanctions violations
- advising a global, fast-moving consumer goods client on remote access for its operations in sanctioned countries into the company's enterprise resource planning system and other software applications
- advising a global leader in lawful intercept software and hardware on the implications of the Wassenaar and EU dual-use controls on intrusion software and telecommunications interception equipment
- representing a global consumer electronics manufacturer in successful customs litigation against reclassification decisions in respect of certain information technology products of an EU member state customs authority
- advising an oil and gas company on license applications to the Dutch authorities pursuant to the EU sanctions against Russia for inter alia supplies of key technology and products for the Russian oil and gas sector
- advising oil and gas exploration services and offshore construction clients on the procurement of global export licenses under EU export controls regulation for equipment hubs supporting their global operations
- advising on the application of EU rules of origin in relation to an EU trade remedy investigation into wireless modems
- assisting with simultaneous voluntary self-disclosures to the U.S. and Dutch authorities in respect of unlicensed exports of military items and technical violations under the EU/Dutch Common Military List and the International Traffic in Arms Regulations
- advising numerous clients on the EU and national blocking laws in relation to the U.S. sanctions against Cuba, and the grandfathering reliefs available under the EU sanctions against Libya, Somalia and Ivory Coast, including the receipt of payments
- advising a client on the preferential duty benefits and rules of origin under the EU-Mexico Free Trade Agreement for its Mexican operations
- advising a project company in charge of the construction of a gas pipeline connecting Russian gas fields and European markets on the impact of the EU sanctions against Russia, including on the consequences of project restructuring on the licenses granted under the EU sanctions against Russia for the same project
- representing a global trader in the EU antidumping and antisubsidy procedures on exports of U.S. origin biodiesel
- representing clients in litigation against multiple claims by Iranian and Syrian contract parties for the performance of contracts rendered restricted by the impact of EU and U.S. sanctions
- advising a client on the impact of the World Trade Organization’s panel report regarding the Information Technology Agreement on the classification of its multifunctional printers and related refund applications for customs duties
- advising on the EU circumvention investigations in relation to Canadian biodiesel exports and representing a client in litigation against retroactive claims for antidumping and countervailing duties based on alleged circumvention of duties on exports of U.S.-origin biodiesel
- performing a post-acquisition EU sanctions compliance review of a substantial portfolio of contracts, including assistance in litigating consequential to termination of the contracts
- advising a clothing distributor on EU labeling rules for textile products
- obtaining a specific derogation from the European Commission for the rules of origin under the European Union-Overseas Countries and Territories (EU-OCT) free trade arrangement.
Awards & Accolades
- Euromoney Expert Guide: ‘Rising Stars 2017’ listed as a Rising Star for International Trade
- Nominated in Guide to Trade & Customs Lawyers, Who’s Who Legal 2016
- Runner Up, Young Export Control Practitioner of the Year, WorldECR Awards 2015
- Speaker, Sanctions Update, Amber Road Seminar, Global Trade Management, Amsterdam, Netherlands, March 29, 2017
- Speaker, Sanctions Update, Amber Road Seminar, Global Trade Management, London U.K., March 23, 2017
- Panelist, “What does the future hold for EU dual use controls?,” NeilsonSmith’s EU Trade Controls for North American Companies – The Reach Out Summit, February 15, 2017
- Netherlands Bar Association
- Solicitors Regulation Authority