Eunice is a Partner in the Regulatory & Trade Practice Group in Christopher & Lee Ong.
She primarily works on trade and regulatory matters, and assists with cross-border transactions, mergers and acquisitions, and general corporate matters.
Eunice has advised multi-national entities on regulatory requirements, import & export controls and trade licensing, among others. Eunice also assists clients on appeals to and negotiations with the Ministry of International Trade and Industry, as well as assisting with the drafting of clients’ internal compliance programs.
EXPERIENCE
Regulatory & Trade
- Assisted a Japanese-headquartered manufacturing company in Malaysia on its appeal to and negotiations with the Ministry of International Trade and Industry on the classification of a product as a strategic item and assisted with the drafting of the internal compliance program of the company.
- Advised multiple global cloud infrastructure providers on Malaysian requirements applicable on the deployment / export of advanced AI chips.
- Advised a multinational company headquartered in the US to determine the country of origin of a product imported into Malaysia.
- Advised and assisted a global cloud service provider on end-to-end preparations for Malaysia’s Strategic Trade Act (STA) permit applications for the export of certain hardware.
- Assisted in advising an international client regarding trade compliance matters relating to the import of certain strategic goods.
- Assisted a large industry player in the alcoholic beverage market headquartered outside of Malaysia with its internal investigations relating to compliance with local import, trade licensing, and taxation requirements.
- Advised various global and regional technology hardware manufacturers on preparedness for regulatory investigations and potential dawn raids by authorities in Malaysia and the US.
- Advised a multinational manufacturer on the strategic trade regulatory implications of its product lineup by conducting a detailed mapping of relevant ECCN classifications under the U.S. Commerce Control List against local regulations.
- Advised a prominent player in the power tools and equipment industry on origin requirements based on the relevant free trade agreements and compliance with trade norms and preferential treatment.
- Advised a technology company on the HS code classification for the new products it was proposing to launch and import into Malaysia, as well as any additional import restrictions associated with the HS codes. This involved carefully reviewing the product characteristics and descriptions, the Customs Ruling Database, the General Interpretive Rules under the ASEAN Harmonised Tariff Nomenclature, the exclusions under the relevant chapters, as well as whether any of the products would constitute a controlled good.
- Drafted an import compliance manual for a client providing details of the regulatory position in Malaysia with regards to valuation methods, Free Trade Agreements, Rules of Origins, tariff classifications, trade disputes and customs’ regulatory enforcement methods.
- Advised an international financial institution on Malaysia’s Israel-related boycott restrictions and their implications for its operations.
- Advised a multinational company on ringfencing risks arising from its transactions with distributors or agents which involved a sanctioned territory or end customer or both. We also advised on a draft Sanction Clause and Indemnity Clause to be inserted into the client’s distributor agreements.
- Advised a multinational home appliance and consumer electronics company on the Regional Comprehensive Economic Partnership Agreement (RCEP), which had recently entered into force, and the implications of the free trade agreement on its operations.
- Advised a multinational manufacturer on the strategic trade regulatory implications of its product lineup by conducting an analysis of its products to identify import and export licence requirements and prohibitions and potential exemptions.
- .Advised a global logistics provider acting as importer and exporter of record on Malaysia’s food-related import prohibitions and regulatory requirements applicable to the inbound and outbound movement of a particular processed edible product.
- Advised a multinational beverage company on the regulatory feasibility of selling alcoholic ready-to-drink products into Malaysia via a free-zone distribution model.
- Advised a multinational consumer goods company on Malaysia’s import procedures and regulatory requirements applicable to dangerous goods, specifically, aerosol-based personal care products.
- Advised a multinational consumer goods company on the application of direct-consignment rules under multiple applicable free trade agreements, including the RCEP.
- Advised a well-known family-owned Scottish company that produces and distributes premium spirits across the globe to update its internal marketing guidelines for their Southeast Asia market.
- Advised an e-commerce platform specialising in women’s attire and accessories on the temporary imports of cosmetic products from a Malaysian law perspective.
- Advised a leading cloud computing platform company on customs valuation methodologies and regulations in Malaysia.
- Assisted a prominent global agribusiness with import licence and permit applications and provided regulatory advice on the import requirements for the trade and distribution of animal feed in Malaysia.
- Advised a major global e-commerce platform headquartered in the U.S. on setting up a platform in Malaysia which includes providing comprehensive advice on distributive trade services, content regulation, pricing controls, product compliance and payment services.
- Reviewed the import compliance manual of an e-commerce platform provider and to localise the document in accordance with Malaysian law.
- Advised a U.S. fertilizer manufacturing entity on the import, export and customs requirements for the import and export of a chemical fertilizer.
- Advised a British multinational research-based pharmaceutical company on the Malaysian regulatory advice with regards to the transfer and withdrawal of certain products from the Malaysian market.
- Advised one of the worlds leading manufacturers in the methacrylate business on the trade regulatory requirements related to the sale of MMA (methyl methacrylate) products in Malaysia produced by its related company.
- Advised a foreign retail platform operator on the regulatory requirements of the import and retail sales of precious metals and precious stones in Malaysia.
Mergers & Acquisitions, Joint Ventures & Investments
- Advised the seller as Malaysian counsel on jurisdiction-specific legal due diligence in connection with a private equity acquisition of an international software and retail technology group.
- Advised Malaysia’s leading engineering-based infrastructure and services conglomerate, on its proposed disposal of up to 100% of its interest in its wholly owned subsidiary, a nationally and regionally recognised construction material partner offering a range of cement and concrete products.
- Acted for a Malaysian financial services company listed on the Malaysian stock exchange, on its acquisition of a minority stake in Merchantrade Asia Sdn Bhd, Malaysia’s leading e-money player.
- Advised a Japanese conglomerate on its acquisition of a Singapore headquartered healthcare group with operations in Singapore, Malaysia and Australia.
- Acted for a private equity firm on the acquisition of a minority interest in Loob Holding Sdn Bhd.
- Acted for a Malaysian-based private equity firm focused on growth in capital investments in South and Southeast Asia on the acquisition of a majority stake in Orion Food Industries (M) Sdn Bhd.
- Represented AirAsia Com Travel Sdn Bhd on the acquisition of Velox Technology (Thailand) Co., Ltd.
- Assisted in advising Digi.Com Berhad on its proposed merger with Celcom Axiata Berhad valued at USD 4.2 billion, including the transfer of 100% equity in Celcom.
- Acted for Maxis Broadband Sdn Bhd, one of Malaysia’s leading broadband and internet service providers, in respect of its proposed acquisition of the business and assets of Peering One Sdn Bhd, a leading provider of cloud and data center services for corporate customers.
- Represented a private equity firm in its investment in a Singapore-based incorporator of a digital bank in the Philippines.
- Advised a private equity firm on the acquisition of a significant minority stake in local food industry supplier Custom Food Ingredients Sdn Bhd.
- Assisted in the due diligence work with regards to Gaw Capital’s joint venture with Allianz Real Estate on the acquisition of Duo Tower and Duo Galleria (Singapore) for S$1.6 billion.
- Conducted various due diligence exercises in relation to proposed acquisitions of private corporations.
- Assisted in the due diligence and advisory work with regards to a private equity fund’s acquisition of a minority stake of a Malaysian dollar-store concept retail outlet.
General Corporate Commercial
- Assisted foreign companies on legal and compliance issues, including applicable regulatory guidelines, policies, by-laws and legal requirements in various regulated and unregulated industries in Malaysia.
- Assisted with the drafting and reviewing of commercial agreements such as shareholders agreements and joint venture agreements.
- Provided advice in relation to setting up a representative office in Malaysia and assisted with the relevant expatriate visa procedures.
