Industrial Security and Export Control

Overview

There is an increasing global consensus regarding the importance of international trade security. Many countries around the world are strengthening laws and regulations to protect important domestic technologies.

Korea is no exception. The Korean government has notably increased the level of regulation, as evidenced by a series of its recent moves – such as introducing a new law specifically concerning the national high-tech strategic industry and implementing practical measures to conduct security reviews of foreign investment while strengthening existing export control laws relating to National Core Technologies ("NCTs") and strategic items.

Kim & Chang’s Industrial Security and Export Control Practice provides a wide range of professional services in the areas of export control and industrial security, ranging from advising and consulting to assisting with establishing and updating compliance systems, and responding to governmental regulatory actions or investigations against unauthorized exports.

Kim & Chang’s Industrial Security and Export Control Practice consists of lawyers, technical experts, consultants, and former government officials with extensive knowledge and experience. Due to our in-depth knowledge, expertise, and experience, we are well-equipped to advise on matters involving complex technical or legal issues and to closely work with all relevant government agencies. Our teams are also well experienced in working closely with major international firms to provide seamless assistance on export control laws.

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Key Servicesshow

Advising on products subject to export controls, technology exports, and security-related regulations.
Assisting with determining whether an item or technology constitutes a National Core Technology or strategic item.
Assisting with M&A deals subject to export controls or foreign investment regulations.
Filing and working with governmental agencies to obtain authoritative interpretations.
Filing applications for export license/reports and responding to National Core Technology/strategic item determinations.
Assisting with preparing for foreign investment security review procedures.
Providing support for establishing compliance systems related to export controls and industrial security.
Defending against criminal investigations and charges involving unauthorized exports.
Providing advice regarding foreign export control regimes.

Key Experienceshow

Prepared and reviewed an application for determination on whether an item constituted a strategic item on behalf of a Korean company.
Prepared an application for a strategic item export license and provided advice regarding export license/exemption for a Korean company.
Prepared an application for NCT export report/approval and the provision of related advice for a US company.
Reviewed whether technology owned by a US company constituted an NCT.
Provided advice on M&A transactions and investments by a foreign company and responded to requests from relevant authorities.
Provided advice regarding export controls related to an R&D contract for a US company.
Provided advice regarding the export of technology to foreign affiliates of a European company.
Drafted export control policy for a Korean branch office of a US company.
Analyzed trade records with foreign affiliates and provided support for establishing and reviewing a compliance system for a Korean company.
Reviewed risks relating to strategic items and established compliance systems for various Korean companies.
Defended against police investigations for unauthorized exports to Korean companies and Korean subsidiaries of foreign companies.
Advised on filing voluntary reports regarding unauthorized exports of strategic items and improving compliance policy for a Korean subsidiary of a US company.

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Key Contacts

Min Seo HWANG Attorney 이메일T.+82-2-3703-1631

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