制裁·出口管制

"Bae, Kim & Lee have extensive experience, and the outcomes have consistently demonstrated exceptional expertise, delivering the best possible results tailored to our clients' needs."

- Chambers and Partners Asia-Pacific

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概要

BKL’s Sanctions and Export Control Group provides practical and strategic solutions to complex issues involving sanctions, export–import controls, and related compliance matters. The Group helps companies turn compliance into a competitive advantage in today’s rapidly evolving global regulatory landscape.

Expert in Resolving Sanctions and Export Control Issues Arising in International Trade

BKL’s Sanctions and Export Controls Group is composed of experts with extensive experience and expertise across a wide range of areas. Our practice provides strategic advice on sanctions imposed by the Republic of Korea, the United Nations, the United States, the European Union, and the People’s Republic of China. With respect to export controls, we specialize in advising on strategic goods, U.S. export controls regimes such as the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR), export controls on defense materials and national defense science and technology, and export controls on national core and advanced strategic technologies. We also handle national security and investment reviews and assist clients with the establishment and implementation of compliance systems for both domestic and international businesses.

In customs matters, our practice includes advising on export and import regulations, responding to investigations and inspections by the Korea Customs Service and other related authorities, as well as foreign exchange and foreign investment management. We also advise clients in international disputes and investigations related to sanctions and export controls.

The Group delivers tailored, strategic advice to help each client navigate complex regulatory challenges with clarity and confidence.

Comprehensive Legal Solutions through Multidisciplinary Expertise

BKL’s Sanctions and Export Controls Group brings together a team of multidisciplinary experts across diverse fields, including international trade, intellectual property, defense and diplomacy, criminal and administrative law, taxation and customs, and foreign exchange. The Group provides comprehensive one-stop legal services covering every stage of sanctions and export control matters—from preemptive risk assessment and prevention to investigations, administrative proceedings, and litigation.

Our professionals also possess extensive industry-specific experience in key sectors such as semiconductors, batteries, biotechnology, defense, and information and communications technology (ICT). Leveraging close networks with major law firms and regulatory authorities in the United States, the European Union, China, and other jurisdictions, the Group delivers strategic and practical solutions tailored to each client’s needs.

主要业务

Sanctions and Export Controls of the U.S., EU, and China, etc.

Reviewed ECCN classifications and advised on risk management measures related to U.S. export controls

Advised on U.S. BIS expert determination and export license application

Analyzed and advised on export control issues in China

Supported clients in addressing sanctions imposed by Chinese authority and assisted with government relations

Reviewed and improved compliance systems involving export and import restrictions

Monitored export control trends in major jurisdictions

Represented clients on international disputes and investigations related to sanctions and export controls

National Core Technology and National Advanced Strategic Technology

Advised on regulatory procedures related to exports, determinations, and approvals for national core and advanced strategic technologies, including overseas M&A approval procedures

Advised companies holding national core technologies/national advanced strategic technologies on technology protection compliance and responses to fact-finding surveys

Advised companies holding national core technology/national advanced strategic technology on countermeasures against technology leakage

Advised on the designation, change, and cancellation of national core technologies/national advanced strategic technologies, as well as on the enactment and revision of relevant laws and guidelines

National Security Review and Investment Review

Advised on export controls and security reviews for acquisition of a domestic company with foreign capital

Advised on security review and approval procedures related to the attraction of foreign investment

Advised on reporting and approval procedures for companies holding defense materials/strategic materials/national core technologies/national advanced strategic technologies in connection with overseas M&A transactions

Export Licenses and Investigations into Unauthorized Exports

Advised on the determinations of strategic goods subject to export licensing requirements and related regulatory issues

Advised on whether a certain item is subject to export licensing requirements for strategic goods and filed an application for an export license on behalf of a client

Advised on responding to customs inspection and police investigations regarding unauthorized export of strategic goods

Reviewed and negotiated matters concerning defense materials exports and provided regulatory advice

Foreign Exchange Transactions and Foreign Investments

Analyzed risks under the Foreign Exchange Transactions Act and export control regulations

Advised on countermeasures related to financial transactions with counterparties subject to sanctions, e.g., SDNs

Reviewed transaction structures to ensure compliance in relations to sanctions against specific countries

業務領城

主要业绩

Advised a domestic high-tech company in responding to a U.S. BIS investigation and in preparing a voluntary self-disclosure related to U.S. export controls

Advised a foreign company designated as a target of independent sanctions against North Korea on the process and strategy for lifting such sanctions

Advised Korean AI semiconductor company on the export procedures for strategic goods in Korea and the U.S

Reviewed the counter-sanction measures issued by Chinese authority and supported the client in preparing appropriate responses

Advised on global export controls related to overseas nuclear power plants

Advised companies holding national core technologies, national advanced strategic technologies, and strategic goods on technology export procedures and overseas M&A approval procedures

Advised on responses to surveys on the status of companies possessing national core technologies in the fields of semiconductors, pharmaceuticals/bio, and automobiles, etc.

Advised on the countermeasures against leakage of national core technologies in the fields of semiconductors, batteries, pharmaceuticals/bio, and automobiles, etc.

Provided legislative consulting in respect of the designation, change, cancellation of national core technologies and national advanced strategic technologies

Reviewed whether a potential foreign investment would be subject to security screening regarding fundraising prior to IPO

Reviewed whether a potential foreign investment in offshore wind power projects is subject to a necessary security screening

Advised on the Industrial Technology Protection Act and the procedures for foreign investment security screening in connection with the overseas sale of a company possessing national core technology

Responded to the customs office investigation in connection with unauthorized exports and false declaration of strategic goods, and litigation involving the violation of the Foreign Trade Act

Responded to the Prosecution Service in respect of the violation of the Foreign Trade Act resulting from the non-compliance with approval procedures for export license for strategic goods

Responded to the police investigation regarding a violation of the Foreign Trade Act resulting from the breach of the export license control for pharmaceutical strategic goods

Responded to customs office investigation into violations of the Customs Act and the Foreign Trade Act in relation to alleged unauthorized export and smuggling by misrepresenting items subject to situational (catch-all) license controls

Responded to customs office investigation into violation of the Foreign Trade Act resulting from unauthorized export of strategic goods, including semiconductors and display equipment components

Reviewed risks involving the Foreign Exchange Transactions Act and U.S. export controls against Russia in connection with payment to third parties by Russian counterparty

Reviewed the feasibility of trade with Russia through its offshore subsidiaries

Reviewed the legality of transactions with entity subject to sanctions against Russia

Advised Korean banks on possible response plan for violations of U.S. sanctions against Russia and financial transactions with designated SDN customers

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