Jasper Helder is a partner in the international trade practice.
Practice & Background
Mr. Helder’s practice focuses on international trade and corporate compliance matters addressing economic sanctions, export controls, customs, antibribery and anti-money laundering (AML). He also advises on other aspects of trade regulation, such as trade remedies, free trade agreements and rules of origin. His practice further includes EU customs compliance, notably customs classification (including Binding Tariff Information) and customs valuation/transfer pricing. In addition, he counsels on the compliance aspects of third-party contracts (for instance, with agents, distributors and intermediaries) and related third-party compliance reviews. He has particular experience with regard to Russia and the Middle East, and the antibribery/AML aspects of humanitarian (food/medicine) distribution in sanctioned countries. Mr. Helder has been commended in the 2013-2016 editions of Chambers Global, Who’s Who Legal (2010-2016) Trade and Customs lawyers, and Legal Media Group’s Expert Guide for International Trade (2010-2016).
Mr. Helder’s focus is on economic sanctions and EU export controls (dual-use and military products and technologies). He frequently assists U.S. clients with their EU compliance issues, and advises a range of multinationals on EU and U.N. sanctions compliance for countries such as Iran, Russia and Syria, and on interaction with U.S. sanctions, as well as on the interaction between EU and U.S. export controls rules (such as the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR).
Mr. Helder works with clients on drafting and maintaining compliance and internal training programs, as well as conducting internal investigations and conducting and responding to export controls and customs audits and other government investigations, including voluntary self disclosures. He represents clients before European national (customs, export and other) administrations and courts, as well as before the European Commission, its advisory committees and the European Court of Justice.
- advised a maritime company on voluntary self-disclosure concerning prohibited transactions with an EU-sanctioned party, including negotiation of a settlement with Dutch authorities
- advised an oil and gas company on license applications to the Dutch government pursuant to EU sanctions against Russia for, among others, oil exploration projects, supplies of key technology and products for the Russian oil and gas sector, and pipeline projects in Russia
- represented a global energy trader in the EU antidumping and antisubsidy procedures on U.S. biodiesel exports and advised on the related EU circumvention investigations in relation to Canadian biodiesel exports
- advised a global investment fund in the energy and mining sectors on financial sanctions against Russia and their impact on various corporate transactions under EU and U.S. sanctions regimes
- advised 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
- advised an investment fund with regard to a compliance program under EU sanctions post-“nuclear deal” relating to an investment in securities listed on the Tehran stock exchange
- advised a project company in charge of the construction of a gas pipeline connecting Russian gas fields and European markets on the impact of EU sanctions against Russia, including on the consequences of project restructuring on licenses granted for the project pursuant to EU sanctions against Russia
- represented a medical device company in a valuation audit by Dutch Customs and in the negotiation of a customs valuation ruling in relation to intercompany transfer prices and periodical transfer pricing adjustments
- advised a global aviation services company on an internal investigation in relation to antibribery compliance issues related to the tender for services issued by an Asian country’s ministry of defense
- represented industrial clients in litigation for contract performance and damages by EU, Iranian and Syrian parties concerning contracts suspended or terminated due to EU sanctions against Syria and Iran
- represented a consumer electronics company in successful customs litigation against reclassification decisions of Dutch Customs concerning information technology (IT) products
- conducted an internal investigation in relation to the use of intermediaries and financial arrangements for IT infrastructure projects in Russia
- advised various clients in the financial services, insurance, and fashion and luxury products industries on EU and national blocking laws in relation to U.S. sanctions against Cuba and related U.S. voluntary self disclosures
- represented an EU importer and processor of grain-oriented electrical steel (GOES) in the EU antidumping investigation related to steel imports from Japan, the United States, China, Korea and Russia, and in the procurement of customs licenses for bonded processing of products subject to the antidumping measures
- advised oil and gas exploration services and offshore construction clients on the impact of EU and U.S. sanctions against Russia on oil and gas projects
- conducted, on behalf of an aerospace and defense company, an internal investigation in relation to potential breaches of EU and U.S. export controls in relation to technology transfer
- assisted an aerospace and defense company with simultaneous voluntary self disclosures to U.S. and Dutch authorities with respect to unlicensed exports of military items and technical violations under ITAR
- advised an IT company on the application of EU rules of origin in relation to trade remedy investigations for IT products.
Awards & Accolades
- Band 3 in International Trade/WTO, Chambers Global 2017 (Europe-wide) and Chambers Europe 2017. He is described by sources as “excellent for export control and sanctions.”
- Band 4 in International Trade/WTO, Chambers Global 2016 (Europe-wide) and Chambers Europe 2016: “Amsterdam-based Jasper Helder is widely commended for his expertise in the field of sanctions, trade controls and export compliance, as well as his knowledge of EU customs law. One market observer reports, ‘He is one of the best in Europe at the moment for export controls and sanctions.’”
- Band 4 in International Trade/WTO, Chambers Global 2015 (Europe-wide) and Chambers Europe 2015: He is “very punctual, solution-oriented and service-minded.”
- Band 4 in International Trade/WTO, Chambers Global 2014 (Europe-wide) and Chambers Europe 2014: “The ‘very knowledgeable’ Jasper Helder is ‘commended for his experience in the trade compliance arena. He is also valued for his ability to co-ordinate teams on a global scale.’”
- Band 4 in International Trade/WTO, Chambers Global 2013 (Europe-wide) and Chambers Europe 2013: He “receives considerable praise for his expertise in customs, as well as in economic controls and sanctions work.” Clients comment that “he understands the issues and challenges, and works on practical solutions.”
- Nominated in Guide to Trade & Customs Lawyers, Who’s Who Legal 2016
- Nominated in Expert Guide to International Trade Lawyers, Legal Media Group.
- Panelist, “U.S. Trade Compliance Incompatibilities with EU Law: Myths and Facts,” NielsonSmith’s U.S. Trade Control Compliance Conference, Munich, Germany, June 7, 2017
- Panelist, “Industry Compliance Think Tank – Practical Impact of the EU Cyber-Surveillance and WASSENAAR Proposals and Changes,” ACI’s Seventh Advanced Industry Forum on Global Encryption, Cloud and Cyber Export Controls, San Francisco, CA, March 28, 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.
- International Bar Association
- Netherlands Bar Association
- American Bar Association
- Washington International Trade Association.