Lawyers in Brooklyn : International Shipping Legal Solutions

The foundation of international shipping law rests on treaties such as the Hague Rules and Hague Visby Rules, which establish the rights and obligations of carriers and shippers. The International Maritime Organization (IMO) sets safety and environmental standards for vessels. Additionally, the Foreign Trade Zones Act and export control regulations administered by the Commerce Department affect what can be shipped and to which countries. Understanding these overlapping regulatory systems is essential for compliance and risk management.

U.S. Customs and Border Protection enforces strict documentation requirements for all international shipments entering or leaving the United States. Importers must provide accurate commercial invoices, bills of lading, packing lists, and certificates of origin. Misclassification of goods, undervaluation, or incomplete documentation can result in penalties, cargo seizure, or criminal charges. Our firm assists Brooklyn clients in preparing compliant shipping documents and responding to CBP inquiries or enforcement actions.

When goods are damaged or lost during international transit, liability depends on the terms of the bill of lading, the applicable carrier liability limits under COGSA, and insurance coverage. COGSA generally limits carrier liability to approximately $500 per package unless a higher value is declared. Shippers must file claims within strict time frames and provide evidence of loss or damage. Our attorneys help clients document claims, negotiate with carriers and insurers, and pursue recovery through legal action when necessary. We also review international shipping contracts to ensure adequate protection before disputes arise.

International shipping transactions often involve letters of credit, bills of exchange, and complex payment terms that create disputes when performance does not match expectations. A shipper may refuse payment if goods arrive late or in poor condition, while the carrier claims the goods were properly delivered. These conflicts require careful analysis of the underlying contract, shipping documents, and evidence of performance. Our firm represents Brooklyn clients in resolving payment disputes and enforcing or defending shipping contracts through negotiation or arbitration.

The Eastern District of New York maintains specialized procedures for maritime and admiralty cases, including in rem actions against vessels and cargo. Maritime claims in federal court are governed by Federal Rules of Civil Procedure with admiralty supplements, which differ significantly from standard civil litigation. Cases involving international shipping often implicate the Convention on Contracts for the International Carriage of Goods by Sea (CISG) or the Hague Rules, which federal courts apply. Brooklyn litigants must comply with these specialized procedures, including proper filing of maritime liens and adherence to admiralty notice requirements. Our attorneys have experience navigating federal maritime court procedures and protecting clients' interests in this complex forum.

New York State courts, including the Supreme Court in Kings County, may hear international shipping disputes when the claim arises from a commercial contract or involves breach of warranty. New York's Uniform Commercial Code provisions on sales and secured transactions often apply to disputes over goods shipped internationally. State court proceedings may be more efficient for certain disputes and offer access to New York's well-developed commercial law precedent. Our firm evaluates whether federal maritime court or state court is the appropriate venue and advises clients on the strategic advantages of each forum.

Incoterms (International Commercial Terms) define when risk and title transfer between buyer and seller in international transactions. Common Incoterms include FOB (Free on Board), CIF (Cost, Insurance, and Freight), and DDP (Delivered Duty Paid). The choice of Incoterm significantly affects liability for cargo loss, insurance obligations, and customs compliance responsibilities. Our attorneys draft shipping contracts that clearly specify Incoterms, payment terms, delivery schedules, and dispute resolution mechanisms. We also review international parcel shipping agreements to ensure your interests are protected and compliance obligations are clearly defined.

Marine insurance protects against loss or damage to cargo during international transit and covers liability for third-party claims. Proper insurance planning requires understanding the types of coverage available, the limits of carrier liability under COGSA, and the interaction between insurance and contractual indemnification. Our firm assists clients in structuring insurance arrangements that provide adequate protection while managing premium costs. We review insurance policies, help clients understand coverage gaps, and advise on risk allocation through contractual provisions. The following table outlines key considerations for international shipping insurance:

Exporters must obtain proper licenses or authorizations before shipping controlled items to most countries. The Commerce Department maintains the Commerce Control List (CCL), which identifies items subject to export controls based on their technical specifications and intended end use. Violations can result in criminal prosecution, substantial fines, and loss of export privileges. Our firm advises clients on whether their goods are subject to export controls, assists in obtaining necessary licenses, and ensures compliance with all applicable regulations. We also help clients respond to inquiries from export control agencies and defend against enforcement actions.

• Determine if your product is on the Commerce Control List or International Traffic in Arms Regulations.
• Identify the destination country and its export control classification.
• Obtain appropriate export licenses before shipping.
• Maintain proper documentation and records for customs audits.
• Train employees on export control compliance requirements.
• Implement internal controls to prevent unauthorized shipments.

OFAC maintains lists of sanctioned countries, entities, and individuals with whom U.S. Persons are prohibited from conducting business. Shipping goods to or receiving goods from sanctioned destinations violates federal law, even if the transaction appears legitimate. OFAC penalties include civil fines up to $250,000 per violation and criminal prosecution for knowing violations. Our firm conducts due diligence screening to identify sanctions risks, advises on permissible transactions, and assists clients in obtaining licenses for transactions that serve humanitarian purposes or national interest.