Feng Xiaopeng

feng_xiaopeng

Areas of practice 

Mr. Feng Xiaopeng specializes in trade compliance and customs matters.

Mr. Feng has 20 years of practical experience in customs and has undertaken a number of influential trade compliance-related cases/projects involving industries including internet, finance, clothing, transportation, machinery, and light industry. Mr. Feng has extensive professional knowledge and practical experience in defense for smuggling, customs valuation, dispute resolution for classification, cross-border e-commerce, IPO foreign trade compliance, import and export customs planning, tax, foreign exchange compliance and planning, and border protection of intellectual property rights (IPR) and other areas.

Mr. Feng has been engaged in the legislation work of Anti-Smuggling Bureau, Departments of Policy and Legal Affairs, Supervision and Internal Auditing, and Processing Trade Goods and Bond Supervisory of General Administration of Customs (“GAC”), and contributed to the revision and formulation of laws and regulations, departmental rules, and regulatory documents such as Anti-Smuggling Comprehensive Management Regulation, Regulations on the Implementation of Customs Administrative Penalties, Regulations on the Customs Protection of Intellectual Property Rights and Customs Measures on the Supervision and Control of Postal Items. In addition, as a member of the cross-border e-commerce legislation group of GAC in respect of the E-Commerce Law, he has led the legislation work of the tax collection and management section, and contributed to the first draft of the cross-border e-commerce section of the E-Commerce Law. Mr. Feng has also been engaged in the formulation of the FedEx Asia-Pacific Hub Customs Clearance Rules, and the reform of streamlining administration and delegating powers in the Guangdong Pilot Free Trade Zone (Nansha Area).   

Practice Experience 

Mr. Feng has rich experience in customs compliance and defense for smuggling, and has provided timely, effective legal advice to a good number of well-known companies on issues concerning customs and imports and exports arising from their daily operations. He has assisted clients in responding to and solving the unexpected problems occurred in customs administration and imports and exports. He has led many tricky and challenging projects. Some of his representative projects include:

Defense for smuggling:

  • Defending a well-known American battery producer involved in smuggling;

  • Defending a well-known cross-border e-commerce platform enterprise in Shenzhen in tax-related smuggling  

  • Defending the head of a well-known salmon supplier in South China involved in border trade smuggling;

  • Defending the head of a Taiwan agroforestry enterprise in tax-related exceptionally serious fruits smuggling

  • Appearing in Hong Kong courts as expert witness and giving expert opinion on a transportation equipment smuggling case involving a shipping company.

  • Defending a Japan-funded manufacturer suspected of smuggling general cargo due to its quote under value.

  • Defending a Taiwan-funded cotton spinning enterprise suspected of smuggling general cargo by defrauding the customs authority for writing-off of its cargo in its processing trade. 

Customs affairs compliance 

In response to customs inspection:

——Advising a well-known American gasoline enterprise in response to customs inspection caused by its unbalanced manual of processing trade.

—— Advising an import and export client of Air China on customs inspection caused by incorrect declaration of trade methods 

——Presenting expert opinion as an expert witness on issues such as the place of origin at the Singapore International Arbitration Centre (SIAC)

——Advising China-located WFOEs and electronic opponents factories of an America-based connector manufacturer in response to customs inspection in processing trade.

Customs valuation:

—— Advising a renowned French vehicle opponents producer proactively in response to customs valuation, and assisting the client in establishing the accounting basis of more than 10 domestic customs departments regarding similar import cases of over 40 Chinese subsidiaries of the client, which successfully prevented the client from accepting customs inspection, and achieved tax-saving of over RMB 40 million for the client.  

—— Advising a well-known Brazilian aerospace industrial company and a Japan-funded machine manufacturer on price determination and payment of taxes dispute on customs royalties.

——Advising a Germany-funded enterprise on price determination and payment of taxes dispute caused by special interest.

——Advising a foreign-funded beverage enterprise on price determination and payment of taxes dispute with customs authority regarding trademark use fee and advertisement fee.

Customs affairs planning:

——Facilitating the insurance cooperation program of tariff bonds between Shenzhen Magellan Capital Management Co., Ltd. and CPIC;
——Advising a Nanjing cross-border e-commerce platform IPO grogram and a Shenzhen art trading company on due diligence of import and export affairs compliance and suggestions;
——Providing customs affairs compliance check service to a Monaco jewelry company 

Border protection of IPR

——Advising a renowned IT enterprise in Zhuhai on compliance regarding border protection of IPR;

——Advising VIPS on customs protection of its Global Sourcing IP;

——Representing a renowned American battery producer in reaching judicial settlement on customs IP infringement.

Mr. Feng has in-depth expertise and rich experience in E-Commerce Law, especially in cross-border e-commerce. He serves as a long-term legal counsel for many well-known cross-border e-commerce enterprises and logistics companies and advises various multi-national corporations, large central SOEs and public companies on a wide range of e-commerce matters, customs compliance review and customs planning, compliance issues on platform structuring, data compliance analysis, cross-border e-commerce compliance training, transitional e-commerce compliance model design, and other legal services as well.

 Some of his representative projects include:


  • As a long-term counsel for the Ant Financial Services Group, providing legal advice to its mini programs on e-commerce entities certification and compliance requirements;

  • As a long-term counsel for PICC Financial Service Company Limited, providing it with training in respect of the E-Commerce Law and network information security data compliance;

  • As a long-term counsel for Xiaohongshu, providing legal analysis on new policies on cross-border e-commerce, and training on customs affairs compliance; 

  • Providing OneTouch with special legal advice on e-commerce laws, trainings on customs examination compliance inspection, and customs affairs planning;

  • Assisting Shenzhen Magellan in the establishment of e-commerce center and providing its shareholders and senior officers with trainings on customs affairs compliance and cross-border e-commerce compliance risks;

  • Assisting DFS in planning the new cross-border e-commerce duty-free products sales mode, and facilitating the O2O sales of duty-free products; 

  • Advising Shenzhen Airlines on compliance issues regarding the design of ticket and supporting service sales interface;

  • As a long-term counsel for an artwork import company in Shenzhen, assisting it in setting up a compliant e-commerce retail model;

  • Assisting cosmetic company BIODERMA in the cross-border e-commerce operation structuring and compliance supervision in mainland China, Hong Kong, and France;

  • Advising British cosmetics brand Boots on developing e-commerce business in mainland China;

  • Advising VIPS on compliance issues regarding the customs declaration of commodities;

  • Advising a phased e-commerce platform in Shenzhen on compliance risk assessment and countermeasure analysis for its cross-border e-commerce direct mail business. 

In addition, Mr. Feng is constantly invited to deliver speeches on e-commerce law for various seminars hosted by the China Council for the Promotion of International Trade (CCPIT), the European Union Chamber of Commerce in China, Alibaba Group, Everlaw, LCOUNCIL, etc., and is regular speaker at compliance forums in various industries. Mr. Feng was also interviewed by CCTV, Legal Daily, and many other media on the hot topics related to the E-commerce Law. In July 2019, Mr. Feng’s monograph The Customs Clearance of Cross-border E-commerce: Operations and Compliance (First Edition) was officially published by Law Press. Mr. Feng also published his monograph Analysis of Several Issues on Cross-border E-commerce Smuggling on the 4th Issue of China Journal of Applied Jurisprudence. In addition, he has drafted the special report on cross-border e-commerce : A New Era for Cross-border E-commerce-Regulatory Requirements and Compliance Guidelines for Cross-border E-commerce after Implementation of E-Commerce Law published by Wolters Kluwer and published his article: Cross-border E-commerce Business Have Their Ways to Fight the Pandemic on Chinaforex in May, 2020.


Below are recent articles published by Mr. Feng on KWM blog, official WeChat account and other platforms:

Review of the “Safe Harbor” Principle in E-commerce ——Starting from "Guidelines for the Trial of Intellectual Property Cases Related to E-commerce Platforms" of Zhejiang Higher People’s Court,9 April, 2020. 

Compliance Guidance for Anti-epidemic Medical Materials Exported to the U.S. and EU—— A Detailed Interpretation of Production, Customs Clearance,Liabilities Regarding Goods Exported to the U.S. and EU and Relevant Laws Practice, 5 April, 2020.

Observation on E-commerce Compliance: Everyone Can Be An Online Anchor——Essentials of Compliance of Live E-Commerce I, II. 3, and 5 March, 2020.

Observation on E-commerce Compliance: Development Opportunities and Compliance Essentials for Pharmaceutical E-commerce, 25 February 2020.

Prevention and Control of the Covid-19: How Can the Cross-border Online Sellers Turn the Corner in the Time of Resumed Work and Production? 18 February, 2020.

Walkthrough of Influence of the New Pharmaceutical Administration Law on Regulations of Imported Pharmaceuticals I,II. 2 and 7 September, 2019.
0 Crimes Goes Far in A Day——Risk Alarm and Prevention for Cross-border E-commerce Smuggling, 13 June,2019.

Careful Planning Needs Innovation, and Compliance Facilitates Success——Essentials of Business Modes and Compliance of Social Commerce, 5 May, 2019. 

In 2019, Mr. Feng was recognized as a "Leading lawyer” in Corporate / Commercial: East Coast (Guangdong) by Chambers Asia-Pacific 2020. 

Work Experience

Mr. Feng joined King & Wood Mallesons in 2016. Prior to that, he served as a leader at a division-level in a customs department in South China and was also a member of the case trial committee and the head of the case review office.

Mr. Feng graduated from Jilin University, and obtained a bachelor’s degree in International Economic Law, a master’s degree in Criminal Law and a doctor’s degree in Jurisprudence.

Mr. Feng is currently a research fellow at the Research Institute of Customs and Foreign Exchange Law of Renmin University of China, and a graduate advisor at the Law School (School of Intellectual Property) of South China University of Technology.

Mr. Feng’s working languages are Chinese and English.


Location

Legal insights

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