Feng Xiaopeng

Areas of practice

Mr. Feng specializes in e-commerce, customs and trade compliance and customs dispute resolution.

Mr. Feng has more than 20 years of customs practical experience and undertaken a number of influential trade compliance and cross-border e-commerce compliance cases/projects, involving the business of Internet, finance, clothing, transportation, machinery, light industry and service. Mr. Feng has extensive expertise in the fields of, cross-border e-commerce; customs price review, classification dispute resolution, IPO foreign trade compliance, compliance and planning of customs affairs, taxation and foreign exchange, intellectual property border protection, etc.

Third-Party Supervision and Evaluation for the Compliance of Enterprises Involved in Criminal Cases

Mr. Feng is a professional for the third-party monitoring and assessment mechanism in Guangzhou. In 2021 he undertook the drafting of the "Compliance Guidelines for the Cross-border E-commerce Industry in Guangzhou (for Trial Implementation)" jointly issued by the Guangzhou People's Procuratorate and eight other departments.

Amid 2021 and 2022, as a mandate holder of third-party supervision and evaluation organizations, Mr. Feng examined the feasibility, effectiveness and comprehensiveness of the compliance plan of Shenzhen 8 printer producers, which are criminally liable. Stemming from actual practice, Mr. Feng drafted "Compliance Construction Guidelines for Printer Printing-head Enterprises in Import and Export Business (for Trial Implementation)” for the Shenzhen Municipal People's Procuratorate.

As the Supreme People's Procuratorate’s second phase in pilot enterprise compliance reform launched, Mr. Feng undertook following cases,

Served as a third-party monitor for Shenzhen People's Procuratorate, monitoring, evaluating and assessing the implementation of the compliance plan of the enterprises involved in a series of printer nozzle smuggling cases;
As an expert of Guangzhou People's Procuratorate and a third party monitoring and evaluation team leader in tax evasion cases in e-commerce industry;
Hired as a compliance lawyer by a large state-owned holding company, guiding the company to carry out a compliance overhaul, designing and building a compliance system structure for the company. Successfully achieved non-prosecution outcome to ensure the company keep on running;

Customs and Trade Compliance

In the area of customs compliance, we provide timely and effective legal advice for many well-known enterprises on customs price review, customs inspection and customs planning, and customs IPR border protection, helping the clients to respond correctly and timely solve sudden customs management and import and export issues.

Representative cases / projects include:

Assisted a well-known French auto parts company to establish the import accounting basis, also serve over 40 Chinese subsidiaries to achieve major tax avoidance;
Assisted a well-known Brazilian company, a Japanese machinery manufacturing company and a German auto corporation to deal with the royalty price disputes;
Assisted an American daily necessities group to handle price review and tax disputes regarding on trademark royalties and advertising fees;
Assisted AEO advanced certification application, and provided due diligence and compliance inspection on hazardous chemicals transport and storage for a well-known chemical corporation;
Provided due diligence and rectification opinions to a Nanjing cross-border e-commerce platform IPO project and a Shenzhen art trading company on their import and export business;
Provided customs compliance inspection service for a jewelry company;
Provided advice on intellectual property border protection compliance for a technology firm;
Issued legal opinions on the customs protection of intellectual property rights for global procurement business of an inland auto company;
On behalf of a famous battery enterprise on border protection negotiation in the respect of intellectual property.

Dispute Resolution in Customs Cases

Mr. Feng assists clients in dealing with administrative reconsideration; administrative litigation or criminal cases caused by customs affairs, and has handled many major cases,

Provided legal service on tariff inspection caused by uneven processing manual for a well-known American oil firm;
Provided legal service on tariff inspection aroused by declaration error for a client of Air China;
Assisted US connector manufacturers' wholly-owned processing plants in China to deal with customs inspection of processing trade;
Issued expert opinions as an expert witness in Singapore International Arbitration Tribunal on issues of place of origin;
Appeared as an expert witness in a Hong Kong court for a shipping company and issued expert opinion report on the smuggling case;
Provided advisory service on criminal justice for a Israel healthcare corporation;
Provided advisory service on criminal justice and service as defense console for a Chinses subsidiary of a US healthcare corporation;
Undertook a cigar smuggling case of a Hong Kong corporation; provided advisory service on criminal justice and service as defense console for the firm and individuals involved;
Provided advisory service on criminal justice and service as defense console for a Hangzhou renowned cross-border e-commerce platform and enterprise person.

E-commerce (Cross-border E-commerce)

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

His clients include Alibaba, Vip.com, Xiaohongshu, Ant Financial, PICC Financial Service Company Limited, Shenzhen Airlines, OneTouch, SHEIN, Shenzhen Magellan, Shenzhen Luhsiho, Xiu.com, DFS Group Limited, Boots, Bioderma, Walmart etc.

In addition, Mr. Feng is the constant guest of various seminars on e-commerce law hosted by the China Council for the Promotion of International Trade (CCPIT), the European Union Chamber of Commerce in China, Alibaba Group, etc. CCTV, Legal Daily, also interviewed Mr. Feng and many other media on the hot topics related to the promulgation of E-commerce Law.

MAJOR DISSERTATIONS

Mr. Feng's individual monograph:

The Customs Clearance of Cross-border E-commerce: Operations and Compliance, published by Law Press in Jul 2019.
Cross-border E-commerce: Integral Supervision, published by China Customs Press in April 2022.

Other publications:

1. Asian Legal Business—— Insight on Opportunities Under RCEP Implementation

2. China Review of Administration of Justice, Analysis of Several Issues on Cross-border E-commerce Smuggling Crimes;

3. Wolters Kluwer——New Era of Cross-border E-commerce—Regulatory Requirements and Compliance Guidelines for Cross-border E-commerce after Implementation of E-commerce Law；

4. China Forex (June. 2021) ——“Hainan Free Trade Port Law of the People’s Republic of China”: A Milestone on the Crest of Opening Up;

5. China Forex (Jan. 2021) ——Taking the Compliance Keypoints of B2B Cross-border E-commerce;

6. China Forex (May 2020) —— Ways of Cross-border E-Commerce Enterprises to Fight against Epidemic;

7. China Customs Press 2021 —— RCEP and CPTPP bring new opportunities for cross-border e-commerce;

8. China Customs Press 2021 ——Data Compliance Issues on Cross-border E-commerce in the Perspective of “Law of the PRC on Personal Information Protection”;

9. China Customs Press 2021 —— Brief Analysis on the Risk of Intellectual Property in Cross-border Ecommerce;

10. China Customs Press 2021 —— Impact of Cyberspace Security Scrutiny and Latest Regulations on Cross-border Transfer of Personal Information upon the Data Operation of Cross-border Ecommerce;

11. China Customs Press 2021 —— Development History Overview Through Cross-border E-commerce Retail Imports, Online Shopping Bonded Imports and Special Regional Export Supervision Models;

12. China Customs Press 2021 —— Comparative Analysis Over Cross-border E-Commerce’s Import and Export Business Models;

13. Legal Daily (July. 2021) —— Legal Analysis on Cross-border E-commerce Smuggling and Its Compliance Non-prosecution in Practice;

14. Shenzhen Rule of Law Review (Nov. 2021) —— Research on Compliance and Non-prosecution System in Shenzhen Cross-border E-commerce Industry.

Distinctions:

2023

Chambers 2023 Greater China Region Guide (International Trade: Customs, Export Controls & Economic Sanctions) —"Leading Lawyer”
The Legal 500 (WTO/International Trade) — “Highly recommended lawyer”
2023 Corporate INTL Magazine Global Award — “Trade & Customs Lawyer of the Year in China”

2022

Chambers 2022 Global Guide and Greater China Region Guide (International Trade: Customs, Export Controls & Economic Sanctions) —"Leading Lawyer”
Benchmark Litigation China (government and regulatory, International arbitration) — “Litigation Star”
Global Law Expert — “Trade & Customs Lawyer of the Year”
2022 Lawyer Network Annual Awards — “Trade & Customs Lawyer of the Year in China”

2021

Chambers 2021 Asia-Pacific Guide (International Trade: Customs, Export Controls & Economic Sanctions) — "Leading Lawyer”
Global Law Expert — “Trade & Customs Lawyer of the Year”
Benchmark Litigation China (government and regulatory, International arbitration) — “Litigation Star”
2021 LEGALBAND Power List — “Top 15 Regional Leading Lights”
2021 Lawyer Network Annual Awards — “Trade & Customs Lawyer of the Year in China”

2020

IFLR1000 — “Leading Lawyer”
Chambers 2020 Asia-Pacific Guide (Company/Business) (East Coast-Guangdong) —"Potential Lawyer”

Work Experience

Mr. Feng joined King & Wood Mallesons in 2016.

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

Mr. Feng is a research fellow at the Research Institute of Customs and Foreign Exchange Law of Renmin University of China, a graduate advisor at the Law School (School of Intellectual Property) of South China University of Technology, and a deputy director of e-commerce and logistics professional committee entrusted by Guangzhou Bar Association.

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