International Regulatory Enforcement and Litigation
Modern business intersects with a myriad of government regulatory schemes, both foreign and domestic. Investigations, adverse decisions, or withholding approvals are but a few of the pitfalls to manage. With more than 20 years’ experience representing clients in regulatory matters across major jurisdictions around the world, we have the experience to guide your decision-making, inform your response and, where needed, to assemble an expert team to challenge government action in a number of key international jurisdictions. We have a track record of success across China, Hong Kong, Singapore, Malaysia, Thailand, Japan, Korea, United States, European Union, United Kingdom and Canada in foreign investment, product regulation, environmental regulation, cybersecurity and data privacy, labelling, cosmetics pre-market approvals, and pharmaceutical and medical device approvals.
Customs Valuation Investigation
- Acted for one of the world’s largest automotive manufacturers in an administrative and, later, judicial appeal of a customs penalty case with the General Administration of Customs of the People’s Republic of China. GAC sought approximately US$90 million in allegedly underpaid duties and penalties. The demand was vacated by an administrative law panel at GAC in Beijing. A second penalty determination and duty demand was subsequently issued for less than 30% of the original penalty demand. This latter case was appealed administratively and ultimately to the Intermediate People’s Court in Beijing, where GAC agreed to settle for a significantly smaller duty payment. This case involved complex analysis of the WTO Customs Valuation Agreement, China’s customs valuation regulation (Order 213), China’s administrative reconsideration regulations, procedural rules and political considerations.
US Export Control and Regulations
- Successfully defended a precision engineering company that was alleged to have violated the Export Administration Regulations by fulfilling an order through a foreign subsidiary notwithstanding the denial of export license for controlled items by the Department of Commerce.
Strategic Commodities Regulations
- Represented a global adhesives and industrial chemical manufacturer, successfully resolved potential criminal labiality for a for violations of Hong Kong’s strategic commodities ordinance.
- Acted for one of the world’s largest web service providers in internal investigations concerning possible violations of Hong Kong’s strategic commodities ordinance.
US Sanctions
- Represented large Chinese telecom equipment manufacturer in a complex, multi-faceted investigation involving US sanctions violations and accusations of espionage. Accompanied client representatives to hearings before the House Permanent Sub-Committee on Intelligence.
