Arnoud R Willems

Practice Areas

International trade

Supply Chains

Trade & Customs Litigation

Data & Technology

Environment & Climate Change

Energy, Mining & Infrastructure

Healthcare & Life Sciences

Industrials. Manufacturing & Transportation

Career

Arnoud Willems is a partner in the International Commercial & Trade Practice Group in the Brussels office. He joined Baker McKenzie in 2022. He has an extensive network, built over 25 years as a trusted advisor of entrepreneurs, executives, and diplomats. Arnoud has a deep understanding of how trade rules shape global flows of capital, investment, goods, technology, and services.

Arnoud helps clients to navigate through complex rules and in their decision-making processes, manage their risks, become more successful and proactive in their long-term planning and strategy. He strives to make legal rules understandable for company decision makers, look for practical solutions, break new ground, close legal gaps, getting regulators to adapt or clarify rules in order to make them more useful, predictable, and uniform, and, where possible, create new rules.

Arnoud advises clients on all aspects of trade and customs procedures and methodologies, as well as on competitiveness, the application of WTO and other trade rules to the digital, technology, green, metals, chemicals, pharma, and energy sectors. This results in removing trade barriers, often unlocking new markets and profits, decreasing costs, decreasing risks, and improving compliance.

Arnoud helps clients to navigate through complex rules and in their decision-making processes, manage their risks, become more successful and proactive in their long-term planning and strategy. He strives to make legal rules understandable for company decision makers, look for practical solutions, break new ground, close legal gaps, getting regulators to adapt or clarify rules in order to make them more useful, predictable, and uniform, and, where possible, create new rules.

Professional Memberships

Asian Institute of International Financial Law (AIIFL) - Senior Fellow

Former President of the Rotary Club Tervuren (Brussels)

Various Universities; e.g. the University of Maastricht, the Higher School of Economics in Moscow, Hong Kong University Law School - Guest lecturer

Commission on Customs and Trade Facilitation of the International Chamber of Commerce in Paris

Commission on Trade and Investment Policy of the International Chamber of Commerce in Paris

International Law Association

International Bar Association (Trade Committee)

Publications

Co-author, "Towards a strategic partnership – strengthening trade relations between the GCC and the EU", GPCA’s Insight Express, July 2022

Co-author, "The EU’s ‘Greened’ Injury Margin: a Closer Look at Law and Practice", International Trade Law and Regulation, Thomson Reuters and Contributors, July 2022

Co-author, "Inward Processing in EU Anti-Dumping Proceedings", Global Trade and Customs Journal, Volume 17, Issue 6 (Wolters Kluwer), May 2022

Co-author, "Helping Sustainable Trade: Ways to ‘Green’ the Harmonized System," Center for European Policy Studies (CEPS), January 2021

Co-author, "Hoe kan het dat douaneautoriteiten lijdzaam toekijken hoe de Commissie hun bevoegdheden opslorpt?", Weekblad Fiscaal Recht (WFR 2020/163), September 2020

Co-author, "Hurdles to Litigating Trade Defence Measures Before the EU Courts", Journal of World Trade, December 2020

Co-author, "The EU Report on Significant Distortions in Russia: A Return to the 1990s Non-market Economy Status for Russia?", Eurasian Metals, December 2020

Author, "Brave New World for EU Trade Defense Policy?", Borderlex, February 2020

Co-author, "Effect of and Compliance with Judgments of the Court of Justice of the European Union: The Case of Trade Defence Measures", Global Trade and Customs Journal, February 2020

Co-author, "Defeating Economic Sanctions in the EU: A Strategic Analysis of Litigation Options", International Trade Law & Regulation, January 2020

Co-author, "Of Binding Provisions and Trust Marks; Roadmap to a Global Legal Framework for the Digital Economy", Legal Issues of Economic Integration, Kluwer Law International, June 2019

Co-author, "Accountability in Anti-Dumping — The Silent Death of Lisbon", Global Trade and Customs Journal, June 2019

Co-author, "Levelling EU-Turkey Trade: An Assessment of the Asymmetrical Customs Union between the European Union and Turkey", International Trade Law and Regulation, April 2019

Co-author, "The limits of FTAs in the Chemical Sector: Is a Sector Agreement the Solution?", Global Trade and Customs Journal, Kluwer Law International, April 2019

Co-author, "The Unhappy Marriage of Customs and Anti-Dumping Legislation: Tensions Relating to Product Description and Origin", Legal Issues of Economic Integration, Kluwer Law International, 2018

Co-author, "Determination of Customs Value and Warranties: Lessons from the Recent Case Law of the European Court of Justice", Global Trade and Customs Journal, Kluwer Law International, 2018

Co-author, "Unlocking overseas insurance markets", Insurance Day, Januar 2017

Author, "Can steel survive protectionism?," The Mining Journal, July 2016

Co-author, "Customs Sanctions Harmonization in Europe: Why the Commission Is Taking the Wrong Approach", Global Trade and Customs Journal, July 2016

Co-author, "What’s Wrong With EU Anti-Circumvention Rules and How to Fix it", Journal of International Economic Law, May 2016

Author, "Reconciling Rules of Origin and Global Value Chains: The Case for Reform," Journal of International Economic Law, May 2015

Co-author, "Changes in the Treatment of Trademark Royalties in EU Customs Law: The Example of 3D Printing", Global Trade and Customs Journal, Kluwer Law International, Volume 10, Issue 5, 2015

Author, "The EU 2030 Climate and Energy Framework – Does It Harm Russian Companies?," Eurasian Metals Bulletin, February 2015

Author, "OECD Services Trade Restrictiveness Index - Unlocking the potential at last," Mlex Report, September 2014

Co-author, "Export Restrictions on Waste: Barrier to Trade or Tool for Harmonisation?", International Trade Law & Regulation, Volume 20, Issue 3, 2014

Co-author , "WTO rules to enforce energy transit and influence the transit fee," European Energy Journal, Volume 4, Issue 2, April 2014

Arnoud speaks widely on trade topics, especially concerning the impact of political and economic developments and changes in the law on industry: e.g. the trade wars, trade policy, EU-China relations, the EU's new trade tool box, the sense and non-sense to litigate, how to manage trade compliance in the supply chain, anti-dumping, subsidies, quota, climate change, economic sanctions, the WTO and other trade agreements.

Organisations that regularly ask Arnoud's contributions are CRU, Fastmarkets, Argus Media / Metal Pages, MM Steel Club, and various trade associations

Work Highlights

Advised a global nuclear energy company in connection with developing an anti-subsidy risk assessment incl. a compliance manual

Advised a global raw materials company with respect to setting up an anti-dumping compliance program, including assistance in monitoring potential dumping margins

Advised a Russian company with respect to avoiding electricity cost adjustments in the dumping calculation, significantly lowering its duty

Advised several multinationals in different EU Member States with respect to defending processing authorizations for goods subject to trade policy measures

Assisted several technology and metals companies with respect to the classification of their products, including through Binding Tariff Information (rulings)

Assisted a major automotive company with respect to a pan-EU valuation investigation

Acted for a major apparel importer to obtain significant duty refunds on a retroactive application of origin as laid down in the EU-Vietnam FTA

Defended a global technology producer accused of customs fraud to prove its position and avoid any duties and fines

Assisted a Fortune 100 technology company with respect to developing a policy to manage changes in the EU political landscape

Assisted an association with respect to using the WTO rules to avoid national legislation that would harm its members

Assisted a trade association with respect to improving the protection of the intellectual property of its members globally through the use of trade agreements incl. by finding best practices and a win-win solution for all stakeholders, navigating all political sensitivities

Advised a government body in connection with using trade agreements strategically to benefit the financial and services sectors, including how to shape digital rules, and which rules it should try to get into trade agreements

Assisted a global construction company in connection with reviewing its transactions with countries on the economic sanctions list

Assisted another global construction company in connection with setting up a global compliance and training program

Languages Spoken

Dutch

English

Awards

Education