Kai Zhan

Kai Zhan is a partner (international) of Yuanda, with specialization in dealing with complicated international legal issues for clients. He especially has rich practical experience in risk control regarding potential export control, financial sanctions and international political risk faced by Chinese enterprises during their internationalization in the present challenging era. Kai had been a Chinese diplomat for many years, during which he negotiated with foreign governments in a number of international strategic projects on behalf of China’s state-owned enterprises. Later, engaged as the international legal representative of China’s largest private investment group, he has successfully closed dozens of M&A and financing projects around the world. Throughout his practice, he has always been committed to helping Chinese enterprises go global, and has represented clients in numerous compliance and dispute resolution issues deriving from projects in a wide range of countries, including: 1) developed countries, such as the United States, the United Kingdom, Germany and Australia; 2) the Belt and Road countries, such as Vietnam, Cambodia, Malaysia, Pakistan and Bangladesh; 3) Angola in Africa; 4) Mexico in Central and South America, and 5) Dominica, etc. His practice areas include providing comprehensive international legal services such as export control and sanctions compliance, cross-border acquisition and merger, consultation on overseas government policies and business environment, overseas dispute resolution, consultation on foreign affairs and government public relations, foreign investment in China, corporate governance domestic and abroad, examination and negotiation of major commercial contracts, etc..

Kai received his master’s degree in law from University of Pennsylvania, MBA from Tsinghua University and bachelor degrees in law from Shanghai International Studies University.

Experience

  • Represented a leading global FMCG company in identifying data compliance risks related to data localization and data cross-border transfer, and provided a risk assessment report and corrective actions advice.
  • Advised a large multinational company on its data privacy and data cross-border transfer in China.
  • Assisted several companies in identifying data storage risks in connection with their global data infrastructure layout in line with business development.
  • Represented a leading Chinese semiconductor company in construction and upgrading its U.S. Export control compliance system.
  • Advised SASAC (State-owned Assets Supervision and Administration Commission of the State Council), Shanghai and Zhejiang government on U.S. Export control.
  • Advised several Chinese multinational companies on export controls and sanctions.
  • As the Ministry of Foreign Affairs of China, Kai’s Primary responsibilities included making bilateral diplomatic policies between Afghanistan, Pakistan, and Bangladesh. Enhanced the implementation of a series of state-led investment projects in these countries and managed crisis management for the regional peace and stability. Kai enhanced state-led investment projects, including Aynak Copper Mine and the Amu Darya Basin Oil Field projects, Pakistan hydropower project and CNNC nuclear power project in Pakistan.
  • As the Liaison Office of PRC in Kosovo, assisted Huawei, Tsinghua Ziguang, Dongfang Electric and other Chinese companies in their business development in Kosovo.
  • As the Embassy of PRC in the Republic of Finland, assisted Chinese companies in bidding for Finnish commercial projects and provided local situation consultation and liaison, and assisted Huawei in cooperation with Nokia.

Publications

  • “How Chinese companies view and respond to US-Western sanctions against Russia”, Wolters Kluwer, March 2022
  • “Will U.S. and European’s SWIFT Sanctions Deal a Fatal Blow to Russia?”, Wolters Kluwer, March 2022
  • “In-depth Interpretation of the Impact of the Unverified List (UVL)”, Wolters Kluwer and LexisNexis, February 2022
  • “12 Chinese Companies were Listed in the Entity List – In-depth Analysis of the U.S. Department of Commerce’s Launch of a New Round of Sanctions”, Wolters Kluwer and LexisNexis, November 2021
  • “Practical Effects of U.S. Export Control Policies on Chinese Companies and Response Suggestion”, Wolters Kluwer and LexisNexis, November 2021
  • “High Walls in Small Courts? – A Re-Analysis of the U.S. Export Control Legal System to China”, Wolters Kluwer, March 2021
  • “Prospecting the Technical Regulation Legislation of China’s Autonomous Driving from the approval of Regulation No 79 of the Economic Commission for Europe of the United Nations (UN/ECE)”, Wolters Kluwer and PKUlaw, February 2021
  • “ZTE Shares Skyrocket over End Five-Year Probation, Will All Risks be Exposed Going Forward?”, interviewed by Global Times, March 2022
  • “US Court’s Ruling to End Five-Year ZTE’s Probation”, interviewed by Guancha.cn, March 2022
  • “Google Meta Fined EUR210 Million by France for Abusing User Privacy for Profit, Users Should Be Able to ‘One-Click Rejection’”, Interviewed by 21st Century Business Herald
  • “Cross-border lawyers explain Foreign Company Accountability Act: The United States Intends to Intervene in the Financial Market with Hegemony”, Interviewed by 21st Century Business Herald, January 2022
  • Data Security Regulations related to Didi’s Listing”, interviewed by Reuters, July 2021
  • “Luckin scandal ‘heavy blow’ for US-listed Chinese companies”, Caixin, April 2020