Yves Melin

Senior Advisor, International Government Relations

Brussels, BE

+32 2 629 42 26

BIO

Yves Melin is a Belgian international trade, customs and EU regulatory lawyer concentrating in trade remedies (anti-dumping measures, countervailing measures and safeguards), customs laws and procedures, export controls and sanctions, conflict minerals, illegal logging, WTO dispute settlement, and data protection.

Yves has vast experience representing companies in trade remedy proceedings, having advised respondents and petitioners in more than 100 investigations in the past 15 years.

A significant amount of Yves Melin’s time is dedicated to helping our clients reduce their duty exposure through customs compliance programs, customs duty suspension filings, and customs litigation. He has extensive experience representing clients before the Court of Justice of the EU (the highest Court of the European Union) in disputes relating to international trade and customs laws.

Yves regularly speaks at seminars, conferences and training sessions organized on various international trade law and regulatory topics. He lectures at the University of Lille (France) on the “Practice of international trade law.”

Yves also handles files for our U.S. and international clients in a wide range of EU regulatory matters, and in particular in the fields of data protection, life sciences, food security, energy and environmental laws. He holds the CIPP/E certification as a Certified Information Privacy Professional from the International Association of Privacy Professionals (IAPP).

Yves has been recognized as a leading lawyer in Europe in the field of international trade law by the Legal 500 Europe (2013, 2014 and 2015), and by Chambers Global (2011, 2012, 2013, 2014, 2015 and 2016). Chambers Global 2016: “Yves Melin is especially experienced in the field of trade remedies and customs law. Commentators are "very impressed" with his advice regarding anti-dumping issues.” Legal 500 2015 : “Yves Melin is ‘energetic, responsive, knowledgeable and friendly’” Chambers Global 2015: “Yves Melin “is very good at explaining the very complex technical details of anti-dumping in a straightforward way.” Chambers Global 2014: “Market sources, value his ability to "make the inexplicable seem explicable." Chambers Global 2013: “Yves Melin is commended for his skill and experience in the trade arena.”Chambers Global 2012: “Younger partner Yves Melin 'is fantastic, and highlights the issues we are dealing with immediately.’” Chambers Global 2011: "Yves Melin specializes in EU and Russian trade remedies and customs proceedings, and is praised for his 'speedy responses, integrity and flexibility.'"

EXPERIENCE

Trade remedies – anti-dumping (2015): In the anti-dumping investigation against stainless steel cold rolled flat products (SSCR) from Taiwan, the first major anti-dumping investigation against steel imports in many years, we were instructed for assistance on all aspect of dumping by two of the three sampled exporting producers, and for defense concerning injury and EU interest by the association of Taiwanese steel producers (which included coordinating cooperation by the EU customers of our clients). At definitive stage, we managed to reduce the provisional duties to a level enabling exports to continue.

Trade remedies – anti-subsidy (2010-2014): Representing the largest Chinese paper producer in the first ever EU anti-subsidy investigation against China, during the investigation, and in annulment proceedings against the definitive measures before the General Court of the EU.

Russian trade remedies: Representing the four Korean producers of galvanized steel exporting to Russia in a Russian anti-dumping investigation against Korean polymer-coated steel (termination without duties for lack of injury – a first).

WTO dispute settlement: Counseling the Government of Brazil in disputes before the WTO dispute settlement body (Geneva)

Reduction of exposure to customs duties: Advising a German textile producer on how to optimize its global supply chain, with a view to reducing the amount of customs and anti-dumping duties paid upon importation of German fibers into China (through a tolling agreement), and upon re-importation into the EU of the Chinese yarn made from these German fibers (through manufacturing under customs control, bonded warehouse, and binding origin information/BOI).

Duty recovery: Successfully defended a consortium of importers of bed linen in a customs case before the Court of Justice of the EU for the retroactive recovery of anti-dumping duties.

Customs – compliance: Advising a global corporation on the implementation of the customs and trade chapters of a global compliance program. This involved the drafting of compliance manuals and training material, and presentations to company staff in several EU locations.

Sanctions and export control compliance: Export controls compliance: Advising an engineering multinational company on EU and U.S. trade sanctions against Iran and Russia. The advice included strategic guidance on how to ensure full compliance of the company in their business operations and obtaining export authorizations.

Public procurement – customs origin: Advising a European manufacturer of optical products on how to comply with the requirement under US public procurement law not to supply products originating in certain sensitive countries.

Export controls – data protection: Advising a large international chemicals manufacturer on the interaction between US export control rules and Belgian data protection law, and how to export to the US data relating to Belgian employees in order to comply with a US obligation to report crimes by company employees.

Data Protection – compliance: Advising multinationals in the implementation of corporate-wide compliance with the EU data protection directive, for instance concerning whistle blowing schemes, and Human Resources Management systems.

Environment – public advocacy: Advising a large US chemical client on the feasibility of an industrial project under the EU waste water and landfill Directives. This involved obtaining guidance from the EU Commission's waste management unit, indicating that the project would not be covered by the landfill Directive, contrary to the hitherto opinion of the national regulator.

EU’s Framework Program for research and innovation: Advising clients on the funds available and calls for proposals published under the EU’s FP7, on the shaping of future calls through the submission of white papers, and assistance during investigations by the European Commission’s External Audit Unit of whether EU funds were spent in compliance with the project contract.

AFFILIATIONS

Member, Brussels Bar (French), 2000

Member, ICC Belgium, Commission on Trade and Investment Policy and Customs and Trade Facilitation Commission

Member, AmCham EU, Customs & Trade Facilitation, Trade & External Affairs and Digital Economy Committees

Member, International Customs Law Academy

Member, International Association of Privacy Professionals (IAPP)

Member, Association des Liégeois Travaillant à Bruxelles (ALTB)

ADMISSIONS

Brussels (French)

PUBLICATIONS
Co-author, "Proposal for Improved Access to Investigation Files in EU Trade Defence Instrument Proceedings," Global Trade and Customs Journal, January 2016
Co-author, "Revisiting the Conflict Minerals Rule," Global Trade and Customs Journal, February 2015
Author, "Protective Orders in Trade Defence Investigations," Global Trade and Customs Journal, June 2014
Author, "Competition Policy and Trade Defence Policy: Two Worlds Apart?," Competition Law in Times of Economic Crisis, Global Competition Law Centre’s Annual Conference Series, Vol. 4 (2013)
"Brussels, the city and its lawyers," interviewed in WorldECR, September 2013
Author, "Whistleblowing in Focus: US Export Controls Meet EU Law," Data Protection Law & Policy, July 2012
Author, "Book Review: Van Bael & Bellis, EU Anti-Dumping and other Trade Defence Instruments," Global Trade and Customs Journal, Volume 7, Issue 2, 2012
Co-author, "Trade Law and Competition Law: Practical Perspectives on the Common Ground," The European Antitrust Review, GCR, 2011
Author, "Book Review: Wolfgang Müller, Nicholas Khan & Tibor Scharf, EC and WTO Anti-dumping Law," Global Trade and Customs Journal, Volume 6, issue 1, 2011
Co-author, "The Increased Interaction Between Competition and Trade," The European Antitrust Review, GCR, 2010