Global Trade Compliance Center

"The team possesses a strong legal and theoretical approach to the issues at stake and excels at presenting these arguments in writing."

- - Chambers and Partners Asia-Pacific

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Overview

The Global Trade Compliance Center of Bae, Kim & Lee LLC (BKL) was established to provide practical, hands-on support as companies navigate the increasingly complex challenges of international trade driven by shifting geopolitical conditions and tightening regulatory regimes.

The Center brings together seasoned professionals with deep expertise across a broad spectrum of export and import regulatory matters, including controls on strategic items and foreign export control regimes (such as the U.S. Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR)), export controls relating to defense materials and defense-related technologies (including defense industry technologies), National Core Technologies (NCTs) and National High-Tech Strategic Technologies (NHTs), national security reviews and investment screening, the design, implementation, and ongoing support of compliance systems for domestic and cross-border trade, responses to investigations and inquiries by authorities such as the Korea Customs Service, the management of foreign exchange transactions and outbound investments, and handling international disputes and investigations. Through close, cross-disciplinary collaboration, the Center delivers tailored advisory services calibrated to each client’s specific circumstances and needs.

As the global trade environment continues to evolve, placing export- and import-driven companies under increasing pressure, BKL’s Global Trade Compliance Center is committed to providing concrete solutions that enable clients to move beyond compliance and toward competitiveness.

Key Services

Strategic Item Management and Export Controls

Advice on the applicability of export licensing requirements for strategic items, support for export license applications, and guidance on response strategies following amendments to relevant laws and regulations.

Advice on U.S. and EU Sanctions and Export Controls

Analysis of applicability under U.S. EAR regulations, advice on BIS classification determinations and export license applications, and U.S. EAR risk assessments, including ECCN reviews.

Advice on U.S. and EU economic sanctions regimes and support for applications for special licenses and authorizations.

Response to China Export Controls and National Security Law

Review of export control compliance systems for China-based subsidiaries, monitoring of China’s export control regulations and regulatory developments, and assessment of risks arising from U.S. and EU resource control regimes (including the EAR, IRA, and CRMA) and review of China’s export control measures on semiconductor raw materials.

Advice on National Core Technologies and National High-Tech Strategic Technologies

Advice on determination procedures and export requirements relating to National Core Technologies and National High-Tech Strategic Technologies, advice on responses to technology leakage involving companies holding National Core Technologies, and legislative consulting in connection with the designation, amendment, and revocation of the status of National Core Technologies and National High-Tech Strategic Technologies.

National Security Review and Investment Screening

Advice on Korean export control and national security review requirements in connection with foreign companies’ acquisitions of advanced Korean companies, advice on national security approval procedures relating to the attraction of foreign investment, and advice on regulatory responses under the Industrial Technology Protection Act and foreign investment national security review procedures relating to overseas divestments of companies holding National Core Technologies.

Foreign Exchange Transactions and Outbound Investment Management

Advice on reviews of regulatory risks under the Foreign Exchange Transactions Act in connection with transactions with overseas counterparties and response strategies for financial transactions involving sanctioned parties.

Defense Materials Exports

Advice on contract reviews and negotiations in connection with exports of defense materials and regulatory requirements, including licensing and approvals.

Response to International Disputes and Investigations

Advice on responses to investigations by the U.S. Bureau of Industry and Security (BIS), including voluntary self-disclosures, investigations by the U.S. International Trade Commission (ITC) relating to trade secret disputes, and litigation procedures, including discovery and depositions.

Practice Areas

Representative Cases

Advised on strategic item classification and export strategies.

Conducted export control risk assessments and supported the establishment of compliance systems.

Assisted with the acquisition and renewal of Compliance Program (CP) certification for strategic item companies, and provided compliance enhancements and audit support.

Represented clients in applications for export licenses for strategic items and handled communications with relevant licensing authorities.

Advised on whether the provision of security solution services among overseas affiliates, in light of Russia-related sanctions, constituted exports of strategic items subject to export licensing requirements.

Advised on the classification of light tactical vehicles and medium standard vehicles as military strategic items and on related export approval requirements.

Advised a Chinese company on strategic item export control regulations applicable to a domestic e-commerce platform.

Advised a domestic semiconductor company on applications for Approved IC Designer status.

Analyzed the applicability of U.S. EAR regulations to exports by advanced technology companies and advised on BIS classification determinations and export license applications.

Advised a domestic company on EU sanctions issues relating to a Russia-related construction project involving an Italian subcontractor.

Conducted U.S. EAR risk reviews for export items and technologies, including ECCN classification reviews.

Advised on whether export items and technologies were subject to U.S. ITAR controls.

Reviewed the applicability of U.S. export control regulations under Parts 110 and 810 to nuclear-related items.

Reviewed export control compliance systems for China-based subsidiaries of major domestic conglomerates.

Monitored China’s export control regulations, including the Foreign Trade Law, Export Control Law, and Anti-Foreign Sanctions Law, as well as related regulatory developments.

Assessed risks arising from U.S. and EU resource control regimes, including the EAR, IRA, and CRMA, and reviewed China’s export control measures on semiconductor raw materials.

Advised domestic companies in the semiconductor, display, electrical and electronics, automotive, shipbuilding, and biotechnology sectors on preliminary determinations of National Core Technologies and National High-Tech Strategic Technologies and related export procedures.

Advised on export approval requirements for National Core Technologies in connection with the acquisition of domestic companies by foreign investment funds.

Provided comprehensive advice on export procedures for National High-Tech Strategic Technologies in connection with overseas plant construction projects.

Advised companies holding National Core Technologies in the semiconductor, electrical and electronics, and biotechnology sectors on responding to technology leakage incidents.

Provided legislative consulting in connection with the designation, amendment, and revocation of the status of National Core Technologies and National High-Tech Strategic Technologies.

Advised on Korean export control and national security review requirements in connection with foreign companies’ acquisitions of advanced Korean companies.

Advised on national security approval procedures relating to foreign investment attraction in connection with a semiconductor company’s pre-IPO financing.

Reviewed whether offshore wind power projects were subject to national security review in connection with foreign investment.

Advised on regulatory responses under the Act on Prevention of Divulgence and Protection of Industrial Technology and foreign investment national security review procedures in connection with overseas divestments of companies holding National Core Technologies.

Responded to a customs investigation into Company A’s unauthorized export of strategic items.

Responded to a customs investigation into Company B’s unauthorized export of semiconductor manufacturing equipment.

Responded to a customs investigation into Company C’s unauthorized export of IC chips.

Responded to a customs investigation into Company D’s unauthorized export of wafers.

Responded to a police investigation relating to Company E’s export of botulinum toxin products.

Reviewed regulatory risks under the Foreign Exchange Transactions Act relating to third-party payments for goods involving Russian counterparties, as well as risks arising from U.S. sanctions against Russia.

Reviewed trade transactions involving Russia conducted through Chinese subsidiaries of domestic companies.

Advised a domestic bank on response strategies relating to violations of U.S. sanctions against Russia, including financial transactions involving SDN-designated counterparties.

Responded to a U.S. ITC investigation relating to trade secret disputes involving a global pharmaceutical company and advised on litigation proceedings, including discovery, depositions, and National Core Technology export approvals.

Advised on the exercise of termination rights under a launch services agreement for Korea Multi-Purpose Satellite 6 arising from U.S. sanctions against Russia.

Key Contacts

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