Legal Services

Trade Compliance & Customs Advisory

Navigating U.S. customs regulations is crucial for German businesses engaged in cross-border trade. Our advisory services provide regulatory guidance on:

• Tariffs & HTS Classification – Ensuring accurate tariff classification under the Harmonized Tariff Schedule (HTS) to avoid misclassification risks
• Special Tariffs – Understanding and navigating Section 232 tariffs (steel and aluminum tariffs; tariffs on autos and auto parts); Section 301 tariffs (tariffs on Chinese goods due to unfair trade practices); and IEEPA tariffs (tariffs on Chinese, Mexican, and Canadian goods as a safeguard against fentanyl trafficking and illegal immigration; "reciprocal" tariffs as a safeguard against trade deficits resulting from unfair trade practices), as well as other trade policy measures impacting supply chains.
• Country of Origin & Marking – Assessing country of origin rules for labeling compliance and duty preferences
• Special Customs Programs: Understanding and navigating special customs programs such as free trade zones (FTZs), customs bonded warehouses (CBWs), temporary importations under bond (TIB), and many more
• Customs Valuation – Advising on customs valuation for related-party transactions
• Customs Clearance Process: Understanding the process and necessary documentation requirements for import clearance by customs authorities

Procurement & Buy America Compliance

Participating in federally funded infrastructure procurements requires strict adherence to Buy America regulations. We help German businesses navigate:

• Domestic Content Mandates – Ensuring compliance with U.S. final assembly and content requirements in federally funded infrastructure projects
• Federal Transit Administration (FTA) | Rolling Stock – Understanding domestic content requirements for transit vehicle procurements
• Federal Highway Administration (FHWA) Regulations – Meeting Buy America requirements in highway and transit projects
• Additional Federal Procurement Requirements – Navigating procurement restrictions imposed by agencies such as the Federal Railroad Administration (FRA), Amtrak, Environmental Protection Agency (EPA), and Department of Energy (DOE).

Whether you are importing goods or bidding on federally funded contracts, our expertise ensures compliance and mitigates regulatory risks.

The Legal Department of the German American Chamber of Commerce, Inc. in New York answers requests concerning general legal inquiries from German and U.S. companies about legal matters of German American trade. 

Fields of Law
When doing bilateral business, it is essential to have knowledge of the laws and regulations of the other country. Within the scope of our general legal inquiries services we answer your questions related to

• Import/Export
• Corporate Law
• Taxes
• Product Liability
• Customs
• Visa
• Labor law

Please note 
The German American Chamber of Commerce, Inc. in New York is a not-for-profit corporation incorporated under New York State Law. In relation to our general legal inquiries service we provide customers with information about German American trade issues. We do not provide concrete legal advice, but only general advice without any liability. In some cases it is necessary to contact a U.S. attorney at law. We assist in providing contact information about our member law firms.

The Legal Department of the German American Chamber of Commerce in New York (GACC – New York) supports German companies with filling out Form “W8BEN-E” of the U.S. tax authority IRS.

Our support with"W8BEN-E"

It is increasingly expected of German companies to fill out the U.S. tax authority’s (IRS) Form “W8BEN-E.” If German companies fail to do so, they  take the risk of their business partner retaining a 30% withholding task or the termination of the business partnership.

We are supporting numerous  German companies with filling out W8BEN-E correctly on a daily basis.

Understandingly, filling out W8BEN-E correctly can prove very challenging for many companies as the form is complex and rather convoluted.

We make sure that you receive a correctly filled out W8BEN-E in a fast and efficient manner. Naturally, we also support individuals who need to fill out an W8BEN-E and who need to request and ITIN with the U.S. tax authority.

Please do not hesitate to reach out to the Legal Department of the GACC New York in case you need any support with filling out theW8BEN-E.

The Legal Department of the German American Chamber of Commerce, Inc. in New York assists German companies with incorporating branches and subsidiaries in the United States by providing professional incorporation services.

Our Incorporation Services at a Glance

As incorporating a company in the U.S. encompasses a multitude of legal and business questions, it poses a challenge even to experienced entrepreneurs. Yet, expanding into new markets abroad creates exciting opportunities. Experience shows that companies selling goods and services through branches and subsidiaries in the U.S. are more successful in establishing a market presence in the highly competitive U.S. market than those simply exporting goods and services via independent importers or agents/representatives. American consumers and business partners associate a U.S.-based company with quality and reliability of both the goods and services as well as business experience. By registering a branch or subsidiary in the U.S., German companies can build trust in their goods and services and enhance their brand image. 

Thorough preparation and careful consideration are mandatory for a successful incorporation. Failures are usually not grounded in the business idea itself, but in insufficient information and preparation. To avoid those pitfalls the German American Chamber of Commerce in New York provides a professional and comprehensive incorporation service. We can assist you in choosing the appropriate company type and with the registration process with the U.S. authorities. In addition, we can advise you on all visa-related, employment or other legal issues connected with the incorporation.

The Legal Department of the German American Chamber of Commerce, Inc. supports both American and German companies in collecting outstanding payments by providing a collection service for U.S. related matters.

We successfully help German companies collect outstanding payments in the U.S., as well as assist U.S. companies with claims in Germany.

Please note that the German American Chamber of Commerce, Inc. (GACC) in New York is a not-for-profit corporation incorporated under New York State Law. It provides customers with information about German American trade issues. We do not provide concrete legal advice, but only general advice without any liability.

The efforts in relation to our collection service are aimed solely towards a non-legal settlement of the case.

For a charge which amount depends on the amount of the claim the Legal Department sends out reminders, negotiates with the debtor or his attorney and assists the creditor, if necessary, through a bankruptcy petition. Should a legal assertion of the claim be necessary, the Legal Department supports the client with finding a German-speaking U.S. attorney who is specialized in the relevant area of law and licensed at the relevant court. In most cases with regard to our collection service, however, the presence and title of the German American Chamber of Commerce, Inc. New York is sufficient to have the debtor settle the claim.

Collection Services

• Correspondence with the creditor
• Correspondence with the debtor
• Negotiations with the debtor: agreements on installment plans and settlements
• Assistance to the creditor in the event of chapter 7 or chapter 11 bankruptcy procedures (filing of proof of claims, requests at the bankruptcy court for updates on the current development of the case)  

The Legal Department of the German American Chamber of Commerce, Inc. in New York supports German and American companies in out-of-court settlements.

Mediation – An Alternative to Litigation
Business often involves conflict, but also allows different possibilities of conflict resolution. Besides legal proceedings held in a state court, business mediation is a good way to efficiently settle disputes between business partners, clients or among employees. It is also cost-effective and can uphold the positive company image. Mediation proceedings can be conducted at any stage of a conflict, even if court proceedings are already pending. During mediation, with the support of a neutral third party (the mediator), conflicting parties voluntarily attempt to find an amicable resolution to a conflict. Mediation allows both parties to resolve a conflict quickly and to get back to business. 

Our Mediation Services
The Head of the Legal Department of the German American Chamber of Commerce, Inc. in New York, admitted as attorney at law in Germany and New York State, can support you as a mediator in your efforts to reach an out-of-court settlement. 

Your Advantages at a Glance

• Time- & cost-saving — Compared to lengthy and costly court proceedings in the U.S., mediation service is a time- and cost-saving alternative. Aside from a basic fee that is determined by the amount in dispute, mediator’s remuneration is only incurred in the event of a successful outcome of the mediation proceedings.
• Future-oriented & image-saving — Business relations are kept alive while damage to the companies’ reputations is avoided. 
• Self-determined & confidential — You determine the beginning and the conclusion of the mediation proceedings, as well as content and outcome. Confidentiality is guaranteed at all times.
• Knowledge & experience — You benefit from our knowledge and the many years of experience in the U.S. and German business and negotiations culture, eliminating uncertainties and misunderstandings which are often the cause of conflicts.

The German American Chamber of Commerce, Inc. in New York acts as U.S. Agent for German companies towards the U.S. Food and Drug Administration (FDA).

General Information about the FDA and the FDA Agent Service USA
The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Bioterrorism Act/BTA) requires all domestic and foreign food facilities that manufacture/process, pack, or hold food for human or animal consumption in the United States to register with the FDA. This requirement also applies to companies that export medical devices, cosmetics and drugs to the U.S.

For purposes of the registration, a foreign facility must designate a U.S. Agent who has a permanent physical presence in the United States. Therefore the German American Chamber of Commerce, Inc. in New York provides a U.S. FDA Agent Service for German companies. Please visit the German version of this website for further information concerning the FDA Agent Service USA.

The Legal Department of the German American Chamber of Commerce, Inc. in New York accompanies you to business meetings. 

Our Services
Meeting your German business partners and clients in person is the perfect starting point for a trusting and successful cooperation. To guarantee a smooth understanding between meeting partners, duly reflecting the interests of both sides, our bilingual employees of the Legal Department will accompany you to your appointments with e.g.:

• business partners
• clients
• public authorities
• banks
• attorneys at law
• tax accountants
• brokers

Credit Reports
Credit checks GACC New York offers credit checks which allow you to check the solvency and creditworthiness of your potential business partners and to adapt the conditions of the contract accordingly.

GACC New York supports you with determining the address and location of individuals living in the USA.

General
There is no civil register or reporting obligation in the U.S. through which the temporary or permanent location of individuals can be determined. Finding addresses and places of residence of individuals is usually very challenging.

Still, determining the address and residence is no impossible task. The Legal Department of the GACC New York cooperates with a professional investigator and supports you in localizing individuals and finding addresses.

The Legal Department of the German American Chamber of Commerce, Inc. in New York assists you with obtaining Company Certificates in the United States.

Company Certificates
Unlike the comprehensive company registration required in Germany (Handelsregister), there is, in principle, no system of company registration in the United States.

The individual states, however, issue several certificates regarding incorporated companies, including the Articles of Incorporation and the Certificate of Good Standing, thereby allowing potential business partners to verify company details.

The Certificate of Good Standing can be used as proof that a company has been incorporated at a certain date according to the provisions of a certain state, that it has been registered with the proper authorities and that it has regularly paid its due franchise tax.

Information & advice on international technical regulations

The German American Chamber of Commerce, Inc. in New York in cooperation with the Beuth Verlag, a subsidiary of the German Institute for Standardization (DIN), provides information on national, European and international standards, norms as well as technical regulations and advises companies in selecting appropriate technical standards.

This consulting service provides a list of relevant legal documents to German companies wishing to conduct business in the U.S. as well as American companies planning to enter the German market. We also provide relevant information to established companies seeking a competitive advantage through a better understanding of the latest developments in technical regulations and standards of production.

The German American Chamber of Commerce, Inc. in New York, along with other German Chambers of Commerce, is pleased to support the new Business Law Magazine as a cooperation partner.

The Business Law Magazine is an online English-language magazine primarily aimed at company lawyers, managing directors, judges, prosecutors and attorneys in Germany’s leading trade partners. In articles written with real-world legal practice in mind, the magazine explores all important questions related to German corporate, commercial, tax, labor, compliance and IP/IT law. To accomplish this goal, it draws on the expertise of widely known external authors from law firms and company legal affairs departments who delve into the latest national and international issues.

The Business Law Magazine is a joint publication of the F.A.Z. Institut, a member of the F.A.Z. Publishing Group, and German Law Publishers. It is a member of the Deutscher AnwaltSpiegel product family. The aim and mission are to inform about current legal issues that play an important role in daily legal activities. Support is provided by cooperation partners – the German American Chamber of Commerce, Inc. (GACC) in New York, and the German Chambers of Commerce (AHKs) in Atlanta, Chicago, Toronto, Tokyo, Abu Dhabi, Dubai and Sao Paulo. Highly regarded national and international law firms are contributing as strategic partners. The magazine’s editorial staff works closely with an advisory board made up of experts in commercial law.

Links:
F.A.Z.-Institut
German Law Publishers

The German American Chamber of Commerce, Inc. New York is a cooperation partner of Deutscher AnwaltSpiegel – the online magazine covering topics of law, industry and taxes.

Deutscher AnwaltSpiegel & DisputeResolution
The Deutsche AnwaltSpiegel is an online magazine aiming at business practice as well as at the markets for legal and tax services. Renowned authors from the legal field and various companies as well as practice-oriented scientists cover the entire range of company-relevant law.

Also a part of the product family of Deutscher AnwaltSpiegel is the online magazine DisputeResolution, aiming at business and organizational practice, at the market for legal services as well as various fields of justice. Renowned authors from the legal field, arbitral institutions and companies as well as practice-oriented scientists cover the entire range of judicial and extrajudicial disputes. Border-crossing issues and international problems are always taken into account.

Deutscher AnwaltSpiegel and DisputeResolution are joint productions of the F.A.Z.-Institut, a company of the F.A.Z. publishing group, and the legal publishing group German Law Publishers. The goal and the pretense of these publications are to provide readers with practice-relevant and current topics that are important for their occupation and daily professional activities. In order to reach this goal, a number of renowned, strategic partners – all of them are noted national and international law firms and practices – were recruited to provide their comprehensive know-how in Deutscher AnwaltSpiegel.

Subscription 

The online magazine Deutscher AnwaltSpiegel is published on a bi-weekly basis and provides current and compact information regarding company-relevant topics in the areas of law, industry and taxes. Click here for a free subscription.

The online magazine DisputeResolution is published on a quarterly basis and is supplemented by short newsletters covering especially important and current events and topics. Click here for a free subscription.

Links:
F.A.Z.-Institut
German Law Publishers

Within the framework of the initiative Law – Made in Germany, the German-American Chamber of Commerce, Inc. in New York instructs American companies and investors on the benefits of German law within global business.

The Benefits of the German Legal System 

• stability and transparency
• legal certainty through codification
• flexibility through contractual freedom
• independent, fast and cost-effective litigation before German courts
• predictable liability law
• swift enforcement of rights 

Further Information & Contact
For further information, please consult the second edition of the brochure Law – Made in Germany: global, effective, cost-efficient, which can be downloaded in the download section of our website. Additional information is available on the homepage of the General Federal Ministry of Justice.