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Anne PengShenzhenMember of PRC Bar
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Partner
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Practices:International Trade and Customs, Export Controls and Sanctions, Trade Compliance, Cross-border E-commerce, Dispute Resolution, WTO Related Issues
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Tel:+86 132 6711 5512
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Fax:8610 8587 0079
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Email:anne.peng@chancebridge.com
Practice Description and Experience
Anne Peng's practice focuses on (but not limited to) international trade, export controls and sanctions, supply chain, trade compliance, cross-border e-commerce, data privacy, blockchain, dispute resolution, and WTO related advisory work. She has extensive practical experience in regulatory & compliance consulting. In her career, she has creatively and successfully solved difficult problems for many clients.Ms. Peng has worked with clients in various industries including Internet (e-commerce, social media, Web3), semiconductor equipment, semiconductor chip manufacturing, communications, information technology, smart technology, consumer electronics, oil, nuclear power, automobiles, banks, cosmetics, clothing, sports and leisure, ports, logistics, etc. The clients she has served include leading TMT in Silicon Valley, FMCG companies, as well as Chinese Internet and high-tech companies.
Prior to joining Chance Bridge Law Firm, Ms. Peng worked at the WTO office of a central state organ for eight years where she participated in WTO trade facilitation negotiations. She worked at a leading law firm where she advised many clients and foreign corporations on a large number of goods trade contract review and trade compliance issues. In addition, she worked as an in house lawyer at top Chinese Internet and technology companies where she gained practical experience in the operation of Chinese companies.
Ms. Peng continuously monitors and researches the impact of international legislation on the business of her clients and recommends strategic business actions. She is one of the drafters of the Standards of Compliance Management System for "Going Global" Enterprises and the Compliance Standards for Evaluating and Certifying Chinese SMEs.
Education Background
- LLM, University of Hong Kong
- PhD & LLM, Renmin University of China
Work Experience
- 1997~2005, General Administration of China Customs
- 2005~2006, PricewaterhouseCoopers
- 2006~2018, Leading Law Firm
- 2018~2021, Chinese Internet Company, International Commercial Legal Department
- 2022~2024, Chinese Technology Company, Global Trade Regulations
- 2025~ Present, Chance Bridge Law Firm
Language
Chinese, EnglishInternational Trade & Customs
- Participated in WTO Trade Facilitation Negotiations and WTO market access negotiations with different countries.
- Negotiated,drafted and reviewed commercial agreements for many clients,including but not limited to import and export agreements, supply agreements,procurement agreements,distribution agreements,manufacturing agreements,and technology licence agreements, etc.
- Advised many clients on the regulatory issues such as import and export controls,customs and tax,product quality standards, labeling and marking requirements,customs valuation, tariff classification,country of origin,FTAs (ASEAN+3, RCEP, etc), AEO, export VAT refunds,transfer pricing,direct-selling, cross-border M&A, customs protection of intellectual property rights, and licensing issues,successfully helped clients solve complex problems in supply chain.
- Advised various e-commerce platforms on customs,tax,logistics,payment models,platform and merchant responsibilities,overseas warehouses and other issues in their international business operations.
- Represented many clients and successfully helped clients settle their disputes with the various government authorities. For example, worked with a local firm, filed an administrative reconsideration with the Hainan Provincial Taxation Bureau on the tax invoice issues for an Italian multinational pharmaceutical company’s Hainan branch and successfully helped the client win the case.
- Handled customs administrative reconsideration for a US manufacturing company's Shanghai branch on the customs valuation issue of its imported goods, and successfully won a favorable customs administrative reconsideration decision for the client.
- Advised clients on the tariff classification,country of origin under RCEP,etc.,to optimize the restructuring of supply chain under the Tariff War.
- Represented one of the world's largest multinational oil and gas service companies in negotiating and communicating with the Customs Anti-Smuggling Bureau on a tariff classification issue,and successfully helped the client achieve a favorable outcome.
- Advised a world-renowned chocolate manufacturer on the dutiability of non-trade payments to its overseas subsidiaries,and obtained a favourable result for the client.
- Represented a US multinational sportswear company, communicated with Customs on the impact of its transfer pricing plan,and successfully implemented the plan.
- Represented a US multinational telecommunications company,discussed with Customs on the royalty issue,and successfully reached an agreement.
- Represented a US TMT company for its brand-new high-tech product on its tariff classification issue,jointly worked with colleagues of the international law firm in the United States, Canada, Mexico,etc., to lobby the Customs Classification Committee of the World Customs Organization (WCO), successfully obtained a favourable,globally applied decision for the client.
- Advised a world-renowned semiconductor chip manufacturer on the tariff classification issues for its core products,and our classification opinion was ultimately accepted by Customs.
- Advised a global material solutions company on China import tariff, and analyzed the tariff implications under various tolling arrangements.
- Provided consulting services to a global logistics company on tariff classification issues in China.
- Advised a well-known milk powder company on the application of tariff preferences under preferential rules of origin.
- Provided legal services to a world-renowned semiconductor company on an over-shipment issue during the import process in China, creatively solved the problem for the client.
- Provided a full range of legal services for a world-renowned American multinational technology company in its processing trade production project in China, including tax planning,customs consultation,quality inspection communication, etc.
- Helped an American company to handle its processing trade project in Suzhou, compared the bill of materials (BOM) and unit consumption management standards, and completed its processing trade handbook Verification and domestic sales duty payment.
- Represented a semiconductor company to communicate with the Ministry of Commerce and the General Administration of Quality Supervision, Inspection and Quarantine in a project of importing refurbished semiconductor production equipment for after-sales service, and obtained exceptional approval from the two ministries.
- Provided legal advice to a multinational network company on the reorganization of its after-sales business in China.
- Advised a multinational technology consulting company on the duty issues of extended warranty fees for equipment imported into China, effectively helping the client reduce duties payable and late payment fees.
- Helped a multinational technology and consulting company review its business model and provided in-depth analysis and constructive suggestions for optimizing its supply chain strategy.
- Helped review the Direct Import Supplier Agreement and its Supplement Agreement for a premium supplier of Australian beef, and advised the extent of liability of the company under the laws of China.
- Provided legal services to a multinational company on the voluntary recall of battery chargers that it distributed in China.
- Advised a multinational tobacco company on its customs audit project in China.
- Represented a New Zealand kiwifruit company in communicating with the Customs on its import price issues.
- Advised a global technology company on the legal issues in a major M&A project in the semiconductor infrastructure and automotive chips.
- Provided legal advice to many clients on the construction, restructuring and implementation of contract manufacturing and procurement strategies in China and Hong Kong.
- Provided customs intellectual property protection services to many world-renowned brand companies, assisting them in communicating with the General Administration of Customs and local Customs offices.
- Helped a Chinese multinational technology company deal with import/export and compliance issues in Australia, New Zealand,Japan, Thailand, India,Indonesia,Taiwan, Macao,etc.
- Helped a Chinese multinational technology company handle customs audits in different jurisdictions, e.g., Hong Kong, China, Thailand, South Korea,etc.
- Advised many clients on Transshipment Cargo Exemption Scheme (TCES), import permit requirements for radio communications transmitting apparatus (RTAs), labeling and marking requirements as well as waste disposal issues in Hong Kong.
- Helped a Chinese technology company to communicate with the HK Census and Statistics Department and Customs and Excise Department, and extended transshipment facilitation for the company.
- Coordinated with lawyers at an international law firm to provide legal services to a Chinese civil company in acquiring a Canadian counterpart.
- Coordinated with lawyers at an international law firm to provide legal advice to companies in China and Hong Kong on the multi-jurisdictional regulatory issues, and assisted a number of Chinese and Hong Kong high-tech enterprises listing their shares on the Hong Kong Stock Exchange.
Export Controls and Sanctions
- Closely monitored the export controls and sanctions laws and regulations in the US, EU, UK, Asia-Pacific and China, deeply analyzed the impact of the laws on the business of clients, provided forward-looking legal risk assessment, and recommended strategic business actions for the clients.
- Advised various clients on China's export control legislation and the impact on clients’ business, including dual-use items and technologies, prohibited and restricted export technologies, commercial encryption management, encryption law, cybersecurity law, and China's export control law and counter-sanctions law.
- Advised various Chinese companies and industry associations on the US and EU export controls and sanctions laws and regulations and the impact on their business.
- Provided legal advice to clients on the export control issues of U.S. controlled items and technologies in China and Hong Kong.
- Assessed legal risks for many clients, proposed effective mitigation measures and corrective action plans for them. Quickly handled non-compliant matters, communicated with key stakeholders, and provided creative and practical solutions to business units, which saved the companies from a reputation crisis, and prevented their stock prices from falling due to the non-compliant issues.
- Represented an MNC’s subsidiary in Suzhou to communicate with the Chinese government authorities, successfully persuaded the main members of the Customs Tariff Commission of the State Council into granting a specific tariff line for the company’s product in the PRC Tariff, which exempted the product from export quota and export duty requirements and lifted the smuggling charges to the company.
- Represented a U.S. decoration materials manufacturer and distributor in communicating with the Ministry of Commerce and the General Administration of Customs on the export quota and export tariff issues of its products, and successfully persuaded the authorities to lift the export quota and export duty requirements.
- Helped a US MNC implement its Global Compliance Program and Internal Control Program, prepared the "China Import Control Handbook" and "China Export Controls Handbook" for the client, and provided training to its Chinese management team and employees.
- Developed export control and sanctions rules for a Chinese multinational technology company to sell its products and services, to ensure its compliance with applicable export control laws and regulations, established and improved the company's compliance management system and processes, and provided tailored advice and support to business units.
- Developed trade compliance rules on procurement for a Chinese global technology company’s suppliers on restricted-party lists (including the Entity List, SDN, Unverified List, CMCC, UFLPA , UN Sanctions List, etc.), and advised business on actions in managing business partners to mitigate compliance risks.
- Drafted or reviewed various commercial and financial agreements, supply agreements, procurement agreements, licensing agreements, services agreements, non-disclosure agreements (NDA) in major business projects, to ensure trade compliance terms are properly incorporated and executable.
- Worked with the DT/IT/Internal Audit team to make investigations for a technology company, identified areas of potential compliance risks, enhanced the screening system, and developed remediation plans to mitigate risks.
- Entrusted to provide consulting services to a Chinese company on the procedures for applying to get removed from the "Entity List" and unfreezing funds, and provided advice on specific compliance issues.
- Prepared application materials for a company headquartered in China to apply for an Export License from the US Department of Commerce.
- Developed standard terms for the e-commerce platform of a technology company to implement trade compliance requirements for its online customers.
- Advised many clients on pre-classification, import and export license requirements for strategic commodities, Approval-in-Principle Arrangement (AIP) for bulk users, and actively communicated with various regulatory authorities across APAC.
- Communicated with the HK Trade and Industry Department (“HKTID”) and obtained Retrospective Import License for two shipments for a Chinese technology company and maintained the company’s Approval-in-Principle (AIP) status.
- Advised many clients on export control issues of controlled items and technologies in China and Hong Kong. Established the correspondence between the US Export Control Classification Code (ECCN) and China's dual-use items and technology import and export tariff numbers, and compared ECCN with the pre-classification of Hong Kong strategic commodities.
- Helped a well-known social media and social networking service company apply for the pre-classification for its brand-new products, and successfully obtained favorable pre-classification decisions for the client from the HKTID.
- Helped a well-known US enterprise software company that develops and sells cloud products obtain the various import and export permits from the HKTID on an urgent basis, and effectively saved delivery time in supply chain.
- Assisted many clients in making self-disclosure on import and export permit issues for strategic commodities, communicated with the HKTID and Hong Kong Customs, and successfully reduced their compliance risks.
- Provided export control compliance services to a Chinese communications listed company for the export of its products overseas.
- Advised an industry association on the impact of US export controls and financial sanctions on Chinese companies and countermeasures.
- Provided trade compliance consulting services related to export controls for a leading Chinese mobile phone manufacturer.
- Provided export control consulting services to a Chinese sporting goods group that designs and produces sports equipment.
- Provided a think tank with the interpretation of the US export controls and sanctions laws and regulations that Chinese telecommunication operators need to follow in the United States.
- Provided consulting services on UN sanctions for many companies.
Web3/Blockchain
- Monitored Web3-related laws and regulations, including blockchain, cryptocurrency, RWA, NFT, DAO, DeFi, etc., and analyzed their roles in empowering enterprises and inclusive finance.
- Provided legal services to a US blockchain technology company, responded to questions raised by regulatory agencies, and ensured the compliance of its technological innovation and market expansion.
- Researched anti-money laundering, intellectual property, and data security laws in blockchain, and built the compliance management system for a Web3 technology company from 0-1.
- Comprehensively reviewed various agreements, including but not limited investment agreements, cooperation agreements, pre-IPO subscription agreements, token purchase agreements, token purchase warrants, etc., evaluated legal risks, provided solid legal support for the company's major decisions, and effectively reduced the risk of legal disputes.
- Led the trademark registration process of a blockchain technology company, strengthened the company's IP protection, enhanced brand competitiveness, successfully registered trademarks, and laid the legal foundation for the company's globalization strategy. Prepared Lawyers' Letters for the company to combat intellectual property infringement.
- Planned and implemented the establishment of the Hong Kong entity for a US Web3 technology company, optimized the international business layout, ensured that business operations comply with national and international laws and regulations, and effectively reduced legal risks and operating costs.
- Researched Hong Kong Web3 regulatory laws, Dubai RWA regulatory sandbox, European regulatory sandbox, etc., and evaluated several NFT projects.
- Conducted due diligence on investment companies, business partners, and transaction objects, evaluated the compliance and feasibility of projects, and provided support for clients’ decision-making.
- Researched the fraud risks and technical risks under blockchain smart contracts, analyzed the legal responsibilities, and considered the principle of attribution.
Data Privacy / Anti-Corruption
- Researched data privacy protection laws (including facial recognition laws) in the EU, the US, Dubai, Brazil, Hong Kong, Singapore, etc., and the ASEAN Data Management Framework and Model Contractual Clauses for Cross-Border Data Flows, and provided data compliance guidance for Chinese multinational companies.
- Advised many clients on regulatory issues such as cloud computing, data privacy and cybersecurity, and analyzed the impact of new legislation on their businesses.
- Advised a multinational courier delivery services company on data localization and the flow of data across borders in China and Hong Kong.
- Provided investigation and consulting services to a US data storage company on bribery and corruption (FCPA) issues in China.
Rewards
- "Global Supply Chain (GSC) Outstanding Team Award"(2024)
- Ms. Peng was selected as an “Outstanding Registered Foreign Lawyer” in Hong Kong by the UK's APAC Insider Magazine, and her clients commented that she was "one of the most skilled and dedicated lawyers in the legal profession." (2015)
- "Viewing CEPA between China and Hong Kong from the Perspectives of NAFTA and EU", First Prize in the national essay competition on "China's Foreign Trade Development and Reform" in 2003
- "China's Foreign Trade and Economic Growth under the Asian Financial Crisis" , First Prize in the national essay competition on "China's Foreign Trade Development and Reform" in 1998
Publications
- Ms. Peng published ten (10) books (some of them are found in the libraries of the HK Legislative Council, the HK Department of Justice and the University of Hong Kong) as sole-author or co-author, and she has also published many articles in publications such as the HK Economic Journal, Hong Kong Institute of Certified Public Accountants Magazine, China Daily, Legal Daily, Metropolis Daily, International Trade Forum, WTO Economic Guide, etc.
- Some Recent Research Results:
- Analysis of the EU's Dual-Use Export Control System
- EU Market Surveillance and Product Compliance Regulation
- EU Member States' Foreign Direct Investment Screening List
- Interpretation of the EU Cybersecurity Act
- Analysis of the EU 5G Cybersecurity Guidelines
- Interpretation of the EU Regulation on Improving Fairness and Transparency of Online Platforms
- Interpretation of the EU White Paper on Creating a Level Playing Field in Foreign Subsidies
- Interpretation of the EU Digital Services Act
- Interpretation of the EU Digital Markets Act
- US Export Controls on Products and Technologies with Surveillance Capabilities
- US General Directive No. 13904 Targeting Cross-Border E-commerce Executive Order
- Interpretation of the US "Foreign Companies Accountability Act"
- The US Washington State "Facial Recognition Services Act"
- The Latest Developments in California's Privacy Law in 2020
- Compliance Guidelines for the Brazilian General Data Protection Law
- Compliance Guidelines for Dubai International Financial Center "Data Protection Law"
- Interpretation of the Regional Comprehensive Economic Partnership Agreement (RCEP)
- ASEAN Issued the "Data Management Framework" and "Model Contractual Clauses for Cross-Border Data Flows"
- Interpretation of the "Cybersecurity Review Measures" from the Perspective of Enterprises
- An Analysis of the US Securing the Information and Communications Technology and Services Supply Chain and Its Implementation Rules
- "What to Watch: Draft Export Control Law of China"
- "Impact of the Belt and Road and Guangdong-Hong Kong-Macao Greater Bay Area on the Economy of Guangdong and Hong Kong"
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