Practice Area

International Law

Direct counsel in English, 한국어, and 中文 — no interpreters.

U.S. legal counsel for cross-border matters — Korean and Korean-American clients on U.S.-Korea-China business, contracts, EB-5, and international arbitration.

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1Founding Attorney

NJ · NY · TX · GABar Admissions

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01 · Our Attorney

International Law Counsel

International matters — cross-border transactions, foreign investment, U.S.-Korea trade, treaty issues, and international dispute resolution — require counsel with multi-jurisdictional experience and direct bilingual communication. Joseph Song advises Korean and Korean-American clients across U.S.-Korea-China business and legal corridors.

Joseph D. Song

Founding Member

Admitted in NJ, NY, TX, GA. Counsels Korean-American clients and small businesses on cross-border transactions, U.S.-Korea trade, international arbitration, and FCPA compliance. Fluent in English and Korean. Direct attorney consultations.

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02 · Practice Scope

What We Handle

U.S. legal counsel for cross-border matters involving Korean, Chinese, and other Asia-Pacific clients.

U.S.-Korea Business

U.S. subsidiary formation for Korean parent companies, branch office registration, US legal compliance for Korean exporters, and FDI structuring.

Cross-Border M&A

Due diligence and documentation for Korean buyers acquiring U.S. targets, joint ventures, and minority investment structures.

International Contracts

Distribution, supply, licensing, agency, and OEM agreements between Korean and U.S. parties. Choice of law and forum, arbitration clauses, and trade terms.

EB-5 Investor Visa

Coordination with immigration counsel on EB-5 investment vehicles, regional center investments, and source-of-funds documentation for Korean investors.

International Arbitration

ICC, KCAB, JAMS, and AAA international arbitration. Enforcement of foreign arbitration awards under the New York Convention.

Trade & Export Compliance

U.S. export controls (EAR, ITAR), OFAC sanctions screening, customs and CBP matters for Korean importers and distributors.

FCPA & Anti-Corruption

U.S. Foreign Corrupt Practices Act compliance for Korean companies doing business in the U.S. Due diligence and internal policies.

International Tax Coordination

U.S.-Korea Tax Treaty analysis, withholding tax issues, FATCA/FBAR compliance for Korean nationals with U.S. interests. Coordinated with Korean tax counsel.

03 · Critical Window

Cross-Border Timing Considerations

Three timing windows that frequently determine outcomes.

Entity Choice

Choice of U.S. entity (LLC, C-Corp, S-Corp, branch) for Korean parent has major tax and liability consequences. Decide before first U.S. transaction — restructuring later is costly.

FBAR Deadline

U.S. persons with foreign accounts must file FBAR by April 15 (auto-extended to October 15). Penalties for non-willful violations up to $10,000 per account per year.

Enforcement Period

Foreign arbitration awards must be enforced within 3 years of issuance under the FAA. New York Convention enforcement is generally favored but procedurally specific.

04 · Results

Representative Outcomes

Selected international matters.

U.S. Subsidiary Setup

Structured U.S. subsidiary for major Korean cosmetics brand — Delaware C-Corp with NJ operating registration, full compliance setup in 60 days.

Cross-Border Distribution

Negotiated 10-year exclusive distribution agreement for Korean food brand with major U.S. distributor — favorable territory and termination provisions.

KCAB Award Enforcement

Enforced Korean arbitration award against U.S. defendant in NJ District Court under New York Convention — full judgment with post-judgment interest.

EB-5 Coordination

Coordinated EB-5 regional center investment for Korean family — source-of-funds documentation, USCIS approval, and post-investment compliance.

05 · Questions Answered

Common Questions

What U.S. entity should a Korean company use?

Depends on tax, liability, and operational goals. C-Corp (Delaware) is the default for outside investment. LLC for closely-held operations. Branch rarely makes sense — subjects Korean parent to direct U.S. tax. Coordinated analysis with Korean tax counsel is essential.

Can I enforce a Korean court judgment in the U.S.?

Possibly — most U.S. states (including NJ and NY) have adopted versions of the Uniform Foreign Money Judgments Recognition Act. Korean judgments are generally recognized if procedural standards met. Korean arbitration awards enforce more easily under the New York Convention.

What is FBAR?

FinCEN Form 114 — Report of Foreign Bank and Financial Accounts. Required for U.S. persons (including Korean nationals living in U.S. as permanent residents/citizens) with foreign accounts aggregating >$10,000. Annual filing by April 15. Non-willful penalties up to $10K per violation.

How is EB-5 different from other visas?

EB-5 is an investment-based green card. Investor must invest $1.05M (or $800K in TEA) and create 10 U.S. jobs. Standard direct investment or regional center. Source-of-funds documentation critical. Coordinated business and immigration counsel needed.

What is the U.S.-Korea Tax Treaty?

1979 Convention between U.S. and Korea — reduces withholding rates on cross-border dividends, interest, royalties. Defines residency, permanent establishment, and treaty-shopping limitations. Most cross-border tax structures rely on treaty interpretation.

Do I need FCPA compliance?

If you are a U.S. issuer, U.S. company, or any company with U.S. operations dealing with non-U.S. government officials — YES. FCPA imposes both anti-bribery and accounting requirements. Korean parents with U.S. subsidiaries should adopt FCPA-compliant policies.

What is KCAB?

Korean Commercial Arbitration Board — Korea’s leading arbitral institution. KCAB International Arbitration Center handles cross-border disputes. KCAB awards are enforceable in the U.S. under the New York Convention.

How do U.S. sanctions affect Korean companies?

OFAC sanctions apply to any U.S. transaction by any party, regardless of nationality. Korean companies must screen counterparties, vessels, financial institutions. Iran, Russia, North Korea, Venezuela sanctions are particularly broad. Penalties include both criminal and civil liability.

Can U.S. depositions be taken in Korea?

Possible under Hague Convention on Evidence procedures or through Korean Ministry of Foreign Affairs. Voluntary depositions of U.S. citizens in Korea are also possible at U.S. Embassy. Complex procedural framework requires careful coordination.

How much does international counsel cost?

Entity formation: typically flat fee. Cross-border contracts: hourly with cap. Litigation/arbitration: hourly with retainer; some matters allow contingency arrangements. Initial consultations are free.

06 · Service Area

Where We Serve

U.S. legal counsel for Korean, Chinese, and other Asia-Pacific clients.

United States

NJ and NY for state-level matters. Federal practice nationwide for international arbitration enforcement, IP, and federal regulatory matters. Coordinated counsel in CA, TX, GA, and other states.

Asia Coordination

Coordinate with Korean and Chinese counsel for cross-border matters. KCAB, ICC, and JAMS proceedings.

Office: Parker Plaza, 400 Kelby St, 19th Floor, Fort Lee, NJ 07024.

07 · Recent Articles & Columns

International Law Articles

Recent columns on U.S.-Korea and Asia-Pacific legal matters.

08 · Success Stories

Recent International Matters

Selected cross-border outcomes.

09 · Get in Touch

Navigate Cross-Border Matters with Confidence.

Free initial consultation. Direct counsel in Korean, Chinese, or English. Cross-border experience.