PengAnneHY

Anne H.Y. Peng

Special Counsel
Baker & McKenzie

Biography

Anne Peng is a special counsel of Baker McKenzie Hong Kong's Tax Practice Group. She has extensive experience advising multinational companies (MNCs) on various China regulatory and compliance issues. In her career, Ms. Peng creatively and successfully solved problems for many clients. She has been recognized by clients as one of "the most skilled and dedicated lawyers in the legal industry" (APAC Insider Magazine, 2015).

Prior to joining the Firm, Ms. Peng worked with a Big Four accounting firm, and advised many well-known MNCs on Foreign Direct Investment (FDI) related issues. She also worked with the General Administration of PRC Customs (GAC) for eight years and held the rank of deputy director. Ms. Peng published one monograph, eight books as a co-writer, one co-translation book, more than 40 papers and investigation reports. Some of her books are found in libraries of the HK Legislative Council, HK Department of Justice and the University of Hong Kong. She has also published articles in publications such as the HK Economic Journal and Metropolis Daily.

Practice Focus

Ms. Peng’s practice focuses on, but is not limited to, international trade, customs, tax, import and export controls, and advisory work relating to distribution and supply chain strategies in China and Hong Kong. Ms. Peng has extensive experience assisting companies in dealing with disclosures and audit defenses with Chinese authorities on various trade-related matters. She also advises many well-known multinational companies on export controls and trade compliance issues.

Representative Legal Matters

  • Advised various multinationals on their PRC regulatory issues relating to structuring, restructuring and implementing their contract manufacturing and procurement strategies in China.
  • Advised various multinationals on PRC Customs and tax issues and successfully settled their disputes with PRC Customs and tax authorities. Handled customs administrative reconsideration and tax administrative reconsideration for clients and successfully obtained favourable administrative reconsideration decisions.
  • Assisted MNCs in lobbying the Chinese government authorities. In one case successfully convinced the Ministry of Commerce, the Ministry of Finance and General Administration of Customs to exempt an MNC from export duty and export quota requirements. Successfully helped the client obtain a specific tariff line for its product in the 2013 PRC Tariff. In another case, she successfully convinced the authorities to exempt an MNC from export duty and export quota requirements.
  • Advised many multinationals regarding the import of refurbished equipment and spare parts into China for after-sales services and in one case obtained exceptional approval from the relevant Chinese authorities for a semi-conductor company to import refurbished parts into China.
  • Advised various multinationals (including pharmaceutical companies) on issues relating to customs valuation, tariff classification, country of origin, labeling and marking requirements.
  • Advised various multinationals on trade compliance issues relating to import and export, FCPA and product quality issues.

Professional Honors

Best Foreign Lawyer in Hong Kong, APAC Insider Magazine, 2015

Professional Associations and Memberships

  • Law Society of Hong Kong - Member, Registered Foreign Lawyer
  • Law Society of the PRC - Member

Admissions

  • People's Republic of China~China (1996)

Education

  • The University of Hong Kong (LL.M.) (2004)
  • Renmin University of China (Ph.D. of Law and LL.M.) (1997)
  • South Central University of Economics & Law (LL.B.) (1992)

Languages

  • English
  • Mandarin

Previous Offices

  • Washington, DC