James Min specializes in all aspects of international trade law including customs, import regulations, economic sanctions, export controls, free trade agreements, WTO, anti-bribery laws, CFIUS, internal compliance programs, internal investigations, and other cross border transactional and regulatory law.
Mr. Min has over two decades of experience advising and representing multinational companies such as importers, exporters, customs brokers, freight forwarders, couriers, airlines, 3PL, ecommerce marketplace providers and IT companies on customs, import regulations, export control, sanctions, CFIUS, anti-bribery, and other cross border trade and business laws. He also advises multinational companies on how to utilize free trade agreements and regional trade agreements for their business advantage in reducing tariffs or in securing their market entry and access rights.
As counsel for large multinational companies that do business around the world, Mr. Min has advised on the impact of U.S. secondary sanctions while also advising US and foreign service providers and exporters on U.S. export control laws for dual use and military use goods and technology including their extraterritorial impact.
Mr. Min has led large national and international internal investigations for multinational companies dealing with customs, export control, sanctions, and FCPA violations as well as filing voluntary disclosures and mitigation petitions for clients to reduce potential fines with government agencies. Mr. Min has formulated and developed internal compliance programs for U.S. and foreign companies in the areas of customs, export control, economic sanctions, and anti-bribery laws as well as managing external government monitors resulting from settlement agreements with U.S. government agencies.
As counsel for multinational corporations and governments, he has advised on WTO accession, compliance, market access and WTO rules. He has previously advised the U.S., Lebanese, Russian, Ukrainian and Moldovan governments on WTO accession and WTO agreements.
Mr. Min has in the past worked closely with the Russian Ministry of Industry and Trade, the Russian Customs Service and other Russian government bodies. He has conducted effective due diligence in Russia and in the other former Soviet Republics through relationships he has fostered in Russia where he studied and worked earlier in his career. His expertise includes navigating the web of US/EU sectoral sanctions on Russia for US and other foreign companies.
Uniquely positioned to advise on sanctions, operating in and doing business in or with North Korea. Mr. Min has developed relationships with major law firms in Pyongyang and has worked with multiple North Korean ministries, state owned companies and NGOs. He has advised and helped one of the few Western companies still doing business in North Korea to be compliant with UN/EU/US sanctions laws. He also has trained North Korean lawyers and trade officials on multiple occasions and is very familiar with North Korean laws, legal system, arbitration, foreign investment regime and culture.
Mr. Min previously served as the global chair of international trade law for a large German company that is the largest logistics company in the world that operates in every country in the world including North Korea, Iran, Cuba and Syria. Previously, he also was a senior trade attorney for a Fortune 100 company where he assisted the company’s entry into markets such as Libya, Vietnam, China, Russia and Kazakhstan by utilizing international trade laws.
He also provides pro bono legal services for many non-governmental organizations (NGO’s) carrying out humanitarian assistance in very restricted and high risk countries. He also serves pro bono as the legal advisor to the U.S. National Committee on North Korea (NCNK).
Earlier in his career, Mr. Min served as a trade attorney with the U.S. Department of Treasury, the U.S. Department of Homeland Security, and the U.S. Department of Commerce.
- District of Columbia
- U.S. Court of International Trade
- U.S. Court of Appeals Federal Circuit
- Supreme Court of the United States of America
- Settled alleged export control and sanctions violations for a multinational corporation resulting in a mitigation of over $300 million in fines.
- Petitioned and mitigated over $7 million in U.S. CBP fines and penalties for a carrier and customs broker.
- Advised and helped devise B2C ecommerce platforms for exports and imports that complied with applicable trade laws.
- Built trade compliance policies and programs for a U.S. Fortune 100 company, a large DAX company, as well as for U.S. non-profit organizations.
- Successfully closed federal criminal cases for clients involving USDA, CBP, OEE/BIS, and OFAC matters.
- Advised non-US companies doing business in Iran, North Korea, Syria, Sudan, and Cuba on compliance with U.S. and other sanctions and export control laws.
- Represented large non-US multinational company to prevent stoppage of services by its major banking partners due to secondary and extraterritorial sanctions compliance vulnerabilities.
- Advised and conducted due diligence for foreign companies contracting with large Russian energy companies and banks regarding US/EU sectoral sanctions.
- Represented U.S. and foreign defense contractors who violated ITAR import and export regulations.
- Conducted classification and licensing of dual-use export goods, software, technologies, and military goods.
- Advised and represented foreign investors on CFIUS requirements.
- Enforced trademark rights against counterfeit goods for right holders at the time of importation.
- Led national and international internal investigations for export control, sanctions, and customs violations resulting in voluntary disclosures to OFAC, BIS, Census, CBP, USDA, FAA, TSA, and other agencies as well recommending remedial measures to improve internal corporate compliance.
- Advised clients on rules of origin for qualification of their goods into the U.S. for preferential programs under US-Korea FTA, US-Israel FTA, US-Jordan FTA, US-Singapore FTA, NAFTA, CAFTA, AGOA and GSP.
- Represented clients during CBP audits with favorable outcome for preferential treatment of their imported goods.
- Counseled investors in North Korea prior to UN and U.S. secondary sanctions.
- Advised the Ministry of Trade of a Middle East country regarding their GATS commitments during their WTO accession.
- Legal Advisor to the U.S. National Committee on North Korea (NCNK)
Past Employment Positions
- U.S. Department of Treasury, Trade Attorney
- U.S. Department of Homeland Security, Trade Attorney
- U.S. Department of Commerce, Trade Attorney
- Tariffs: The New Normal, 23rd Annual Corporate Counsel Institute, Georgetown Law Center, March 2019
- Free Trade Agreements & Innovation, The New Engine of Growth: Investment and Technology Conference, ABA Section on International Law, Seoul, Korea, October 2018
- How to Tailor Sanctions Compliance Programs for Asian Companies, 4th Asia Pacific Economic Sanctions Conference, ACI, Singapore, October 2018
- Russia Sanctions, ACI Hong Kong Summit on Economic Sanctions, Hong Kong, May 2018.
- Internal Corporate Compliance Programs for Sanctions and Export Control, 3rd Conference on Transits and Transshipments as Export Control Risks, Marrakesh, Morocco, March 2017.
- Security and Trade Facilitation, International Practitioner’s Guide: Customs Processes and Procedures, American Bar Association, July 2009 & August 2016
- Combatting Proliferation of Weapons of Mass Destruction Among Non-State Actors: A Private Sector Perspective, UN Security Council, United Nations, New York, Dec. 15, 2016
- Due Diligence and the Corporate Lawyer, Renmin University Law School, Beijing, China, May 2015.
- Sanctions Compliance for Freight Forwarders, Conference on UN Security Council Sanctions, Singapore, Sept. 11, 2014.
- Developments in North Korean Law and Business, Brookings Institution, Washington DC, April 2015
- Sanctions Implications of Doing Business in Iran, International Council of Swedish Industry, Stockholm, Sweden, 2013.
- Co-Chair and Presenter, Overview of North Korea’s Legal System, American Bar Association Export Control Committee and the US National Committee on North Korea, June 27, 2013.
- Monitoring Third Parties’ Anti-Corruption Compliance: Effective Strategies based on the Type of Third Party and Risk Level, 5th China Summit on Anti-Corruption, Shanghai, China, ACI, June 2012.
- Strategic Trade Controls: Risk Management – An Industry Perspective, WCO Conference on Strategic Trade Controls, Brussels, November 2012.
- Managing Compliance Risks for Third Parties, 2012 Dow Jones Global Compliance Symposium, Washington, DC, March 2012.
- Managing an Effective Export Control and Sanctions Compliance Program in a Global Enterprise, Annual Coping with U.S. Export Controls Conference, Practicing Law Institute, Washington DC, December 2011.
- The Importance of Strategic Trade Compliance for Industry, China Academy of International Trade Economic Cooperation, Xi’An, China, September 2011.
- US Economic Sanctions: How OFAC Rules Affect Your Business in China, ACI 2nd China Export Control Summit, Shanghai, China, April 2011.
- The View from Global Customs HQ on China Customs Risk Level and Compliance Expectations, Advanced China Forum on Import Compliance, Shanghai, China, November/December 2010.
- Editor, Catalog of FTAs and RTAs Among APEC Economies, APEC Summit, Hanoi, Vietnam, November 2006.
- Editor, APEC Customs and Trade Facilitation Handbook, APEC Summit, Korea, November 2005.