JIN Yao

Professional Experience

　　Attorney Jin Yao focuses on legal research in the fields of finance and import/export compliance. He has provided comprehensive legal services, including annual legal counsel and special project advisory, to numerous large state-owned enterprises (SOEs), multinational corporations, and financial institutions. He has handled numerous major, difficult and complex litigation cases, including equity disputes for large SOEs, administrative penalties related to taxation, and the defense in smuggling crime cases.

　　A partial list of his clients includes prominent domestic and international corporations such as: Glencore, Magna, Teijin, Zhangjiang Group, Internine, National Oilwell Varco, ON Semiconductor, Beingmate, China National Nuclear Corporation, China Communications Construction Company, and the Chinese Academy of Sciences (Shanghai).

Representative Cases

　　Units Served as Outside Legal Counsel (Selected Clients)

　　• Served as Annual Legal Counsel for SMC (China) Co., Ltd.

　　Commercial Dispute Resolution (Selected Cases)

　　• Represented a major local state-owned enterprise in a commercial lease dispute lawsuit;

　　• Represented a central state-owned enterprise in a large-scale merger and acquisition transaction;

　　• Represented a central state-owned enterprise in a commercial arbitration proceeding.

　　Import/Export Compliance (Selected Cases)

　　• Provided legal opinions for a Fortune Global 500 multinational company on matters concerning processing trade;

　　• Provided legal opinions for a Fortune Global 500 multinational company on matters concerning temporary admission of goods;

　　• Provided specialized legal services on cross-border e-commerce import/export compliance for a large state-owned enterprise;

　　• Provided specialized export compliance services for the Chinese subsidiary of a multinational enterprise.

　　Administrative Dispute Resolution (Selected Cases)

　　• Represented a Fortune Global 500 multinational company in a Customs audit case (involving dutiable value), resulting in no administrative penalty;

　　• Represented a Fortune Global 500 multinational company in a Customs audit case (involving processing trade), resulting in no administrative penalty;

　　• Represented a Fortune Global 500 multinational company in a Customs administrative penalty case (involving misdeclaration of HS codes), resulting in no administrative penalty;

　　• Represented a large trading company in a Customs administrative penalty case (involving misdeclaration of HS codes), resulting in a mitigated administrative penalty.

　　Criminal Defense (Selected Cases)

　　• Represented a Fortune Global 500 multinational company suspected of smuggling solid garbage; result: Non-Prosecution;

　　• Represented an executive of a US-funded enterprise suspected of smuggling ordinary goods involving fictitious pricing; result: Non-Prosecution;

　　• Represented a client in a cross-border e-commerce smuggling case; result: Probation;

　　• Represented clients in multiple polysilicon smuggling cases involving false declaration of country of origin to evade tariffs and taxes;

　　• Represented a client in Chongqing's largest luxury goods smuggling case;

　　• Represented a client in what was reported as the nation's largest e-cigarette smuggling case;

　　• Represented a client in a major case of finished oil product smuggling.

Social Activities

　　• Member of Free Trade Zone Research Committee, Shanghai Lawyers Association

　　• Compliance Expert in China Council for the Promotion of International Trade (CCPIT) Suzhou / China Chamber of International Commerce (CCOIC) Suzhou

　　• Expert Mediator of CCPIT Shenzhen Mediation Center

　　• Legal Counsel of Shanghai Enterprise Compliance Research Center

　　• Mediator of CCPIT (CCOIC) Jiaxing Mediation Center