James Min specializes in all aspects of international trade law including economic sanctions, export controls, customs, import regulations, free trade agreements, WTO, anti-bribery laws, CFIUS, internal corporate compliance, internal investigations, and other cross border transactional and regulatory law. Mr. Min has over two decades of experience advising and successfully representing multinational companies in navigating laws in these areas while maximizing business interests. As counsel for multinational companies that conduct business around the world, Mr. Min has deep experience in advising clients on utilizing free trade agreements as well as on the impact of U.S. secondary sanctions and extraterritorial impact of U.S. export control laws. He also advises foreign investors and U.S. businesses on CFIUS requirements, particularly in high tech sectors, as well as obtaining requisite licenses and approvals from U.S. trade authorities.
In addition, 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. He has also previously advised the U.S., Lebanese, Russian, Ukrainian and Moldovan governments on WTO accession and WTO agreements as well as the WCO, UN, Arab League, EU Commission, China, North Korea, UAE, Russia and others on export control and sanctions law matters.
Mr. Min previously served as the global chair of international trade law for a very large German company that serves every country in the world including North Korea, Iran, Cuba and Syria. Previously, he also was a senior trade attorney for a Fortune 100 U.S. company where he assisted the company's entry into markets such as Libya, Vietnam, China, Russia and Kazakhstan by utilizing international trade laws.
Mr. Min provides pro bono legal services for several non-governmental organizations (NGO's) carrying out humanitarian assistance in very restricted and high risk countries as well as serving as pro bono legal counsel to the U.S. National Committee on North Korea (NCNK) and to Global Humanitarian Engagement, Inc.
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 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; successfully closed federal criminal investigations into trade related violations.
- Advised foreign investors and U.S. business in artificial intelligence and other sectors on CFIUS and U.S. export control legal requirements under FIRRMA.
- Petitioned and mitigated over $7 million in U.S. CBP fines and penalties for a carrier and customs broker.
- Developed trade compliance policies and programs for U.S. Fortune 100 companies, a large DAX company, as well as for U.S. non-profit organizations.
- 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; obtained OFAC and BIS licenses for clients.
- Represented large non-US multinational companies before their major banking partners regarding sanctions risk issues.
- Advised and conducted due diligence for foreign companies contracting with large Russian energy companies and banks regarding US/EU sectoral sanctions.
- Conducted classification and obtained licenses for of dual-use export goods, software, technologies, and military goods.
- Led national and international internal investigations for export control, sanctions, and customs violations resulting in voluntary disclosures to government agencies as well as developing 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.
- Legal Advisor, U.S. National Committee on North Korea (NCNK)
- Legal Advisor, Global Humanitarian Engagement, Inc.
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
- In-house, Fortune 100 company
- Law firm in New York City
- De-risking In Light of U.S. Secondary Sanctions, Compliance Forum, Mongolian Bankers Association, Ulaanbaatar, November, 2019
- 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.
- Intro to International Trade Law, China University of Politics and Law, Summer Session, Beijing, July, 2017
- 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
- Due Diligence and the Corporate Lawyer, Renmin University Law School, Beijing, China, May 2015.
- Sanctions Implications of Doing Business in Iran, International Council of Swedish Industry, Stockholm, Sweden, 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.
- Managing Compliance Risks for Third Parties, 2012 Dow Jones Global Compliance Symposium, Washington, DC, March 2012.