T. Augustine Lo
PEOPLE

T. Augustine Lo

Of Counsel
lo.augustine@dorsey.com

Overview

AUGUSTINE COUNSELS CLIENTS ON INTERNATIONAL TRADE AND NATIONAL SECURITY ISSUES FOR CROSS-BORDER TRANSACTIONS.

Augustine is an attorney in Dorsey’s National Security Law Practice Group. He advises clients on U.S. customs and international trade law, economic sanctions, export controls, and U.S. Government review of foreign investments. With experience in state and federal court litigation in New York and Seattle, Augustine protects clients’ interests in government enforcement actions and international trade proceedings. Proficient in Mandarin Chinese, he also counsels clients on matters relating to East Asia.

Augustine has obtained successful outcomes for clients in customs enforcement matters involving U.S. Customs and Border Protection (CBP) and tariff relief in Section 301 proceedings before the Office of the U.S. Trade Representative (USTR). He advises clients on U.S. trade remedies under Section 232, antidumping duties, countervailing duties, and safeguard duties. He counsels clients on tariff preferences under free trade agreements, including the U.S.-Mexico-Canada Agreement (USMCA).

Augustine advises clients on national security requirements for cross-border transactions, including U.S. export controls under the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR), and economic sanctions programs administered by the Office of Foreign Assets Control (OFAC). He helps clients to successfully resolve matters through voluntary self-disclosures and license applications. He conducts corporate investigations and compliance training, and counsels clients on trade-related due diligence and disclosures for capital markets transactions, including mergers and acquisitions. He also advises clients on reviews by the Committee on Foreign Investment in the United States (CFIUS).

Before relocating to Dorsey’s Seattle office, Augustine was at the firm’s New York office representing corporate clients in commercial disputes, including a major Chinese bank. He previously worked as an enforcement attorney in the Office of Chief Counsel at CBP Headquarters. Augustine served successively as a judicial clerk to two federal district judges in the U.S. District Court in Puerto Rico.

Education & Admissions

New York University School of Law (J.D., 2008)

Cambridge University (M. Phil, 2005), Gates-Cambridge Scholarship

Harvard University (A.B., 2003), magna cum laude; Thomas T. Hoopes Prize

Admissions

  • New York
  • District of Columbia
  • Washington
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of International Trade
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Western District of Washington

Languages

  • Mandarin Chinese

Clerkships

  • U.S. District Court for the District of Puerto Rico, Honorable Gustavo A. Gelpí, 2010-2010
  • U.S. District Court for the District of Puerto Rico, Honorable José Antonio Fusté, 2008-2010

Experience

Representative Experience

Economic Sanctions, Export Controls, and National Security Law

  • Advise U.S.-based and international clients on compliance with U.S. sanctions programs and export controls to mitigate operational risks and provide training to key personnel.
  • Apply for licenses to authorize transactions, and prepare voluntary self-disclosures to address violations.
  • Advise clients on responses to federal government subpoenas.
  • Conduct internal investigations to advise clients on compliance obligations.
  • Conduct due diligence in support of mergers and acquisitions, public offerings, and other capital markets transactions, and draft disclosures and contractual provisions.
  • Counsel clients on potential risk of CFIUS review of foreign investments in U.S. enterprises and properties.

Customs and International Trade

  • Represent U.S. importers in customs enforcement matters, including customs raids, detention and seizure of merchandise relating to alleged intellectual property rights violations and firearms import violations, and penalty notices relating to alleged duty evasion.
  • Prepare successful requests for exclusion of products from the Section 301 tariffs.
  • Advise importers on eligibility for tariff preferences under free trade agreements.
  • Help clients with navigating changes to U.S. import tariffs under Section 201 (solar products), Section 232 (steel and aluminum articles), and Section 301 (goods originating from China and European Union).
  • Represent clients in customs and trade litigation in U.S. Court of International Trade and U.S. Court of Appeals for the Federal Circuit.
  • Represent clients in international trade proceedings before U.S. Department of Commerce, including successful application for separate rate for Chinese exporter in antidumping administrative review.

Commercial Litigation

  • Defended major Chinese financial institution in federal district litigation under the Anti-Terrorism Act, involving voluminous Chinese-language material, cross-border discovery disputes, and intensive motions practice.
  • Represented issuer in securities enforcement action brought by the U.S. Securities and Exchange Commission, and related criminal proceedings brought by the U.S. Attorney’s Office in Seattle.
  • Represented U.S. banking institution in complex federal court litigation involving Chinese-language material, international discovery challenges, and deposition of Chinese-language witnesses.
  • Represented major auctioneer of heavy equipment in debt collection actions.
  • Represented entrepreneur in real estate partition action.
  • Conducted internal investigation of Chinese company listed on a U.S. stock exchange.

News & Resources

Articles

U.S. Piles on Array of New Sanctions Against Russian Military-Industrial and Financial Sectors
Biden Administration Adds Sanctions Against Foreign Financial Institutions Supporting Russia’s Military-Industrial Base
Petition Seeks Antidumping and Countervailing Duties on Aluminum Extrusion Imports from Fifteen Countries
Executive Order 14105 on Outbound Investment in China and Proposed Rule
DOJ Strike Force Allegations Highlight Diversion and Theft from U.S. Companies
Foreign-Owned U.S. Companies Must Soon Respond to Federal Survey
United States Imposes New 200% Tariffs on Russian Aluminum, Further Expands Sanctions on Russia, and Warns of New Third Country Sanctions
United States Continues Expansion of Export Control Sanctions on Chinese Companies
Congress, President Align on Powerful New U.S. Intellectual Property Protection Law
FCC Bars Imports of Telecommunications Equipment or Technology from Certain Chinese Producers
Biden Administration Restricts U.S. Exports of Advanced Computing and Semiconductor Manufacturing Equipment, Software, and Technology to China
Key Takeaways From President Biden’s Executive Order 14083 on Ensuring Robust Consideration of Evolving National Security Risks by the Committee on Foreign Investment in the United States (“CFIUS”)
CFIUS Annual Report - A Banner Year for Filings and Inquiries to Parties of Non-Notified Transactions
U.S. Customs and Border Protection Releases Importer Guidance for Uyghur Forced Labor Prevention Act Implementation
U.S. Treasury Department Clarifies Previous Prohibitions on New Investments in Russian Equities and on Export of Trust, Accounting and Management Consulting Services to Russia
U.S. Bars Accounting, Trust and Corporate Formation, and Management Consulting Services and Adds Export Restrictions to Russia
United States Bans Russian-Affiliated Ships from Entering Any U.S. Port
U.S. Government Sanctions Sberbank and Alfa Bank, Prohibits All New Investments in Russia, Imposes New Export Restrictions against Russian Civil Aviation & Ends PNTR Status for Russia and Belarus
U.S. Expands Russian Energy Sector Sanctions, Proposes Major Tariff Hikes on Nearly All Russian-Origin Goods & Imposes New Sanctions on Belarus
United States Imposes More Sanctions to Block Russian Access to U.S. Banking System and U.S. Goods, Technology or Software
U.S. and Allied Countries Impose Sanctions Targeting Russian Financial Sector and Ukraine Separatist-Territories
U.S. Government Seeks Public Comments on Implementation of Xinjiang Regional Import Restrictions
President Biden Signs New Law Requiring U.S. Blockage of All Imports Made Wholly or Partly in Xinjiang, China
BIS Considers Export Controls on Neurotechnology and Adds New Controls on Genetic Sequencing Software and Intrusion Software
What To Watch As USTR Considers Chinese Tariff Exclusions

News & Press Mentions

U.S. Elections: Steel, aluminum tariffs likely to continue under either Trump or Biden
Dorsey Attorney Augustine Lo Comments on Canadian Aluminum Tariffs
Dorsey Attorney Augustine Lo Comments on Bombardier v. Boeing Case
"Surveying the Application of ‘Daimler’ in the Circuits," New York Law Journal

Select Presentations

  • Panelist, “China in the Crosshairs: How to Navigate U.S. Regulatory Risks with America’s No. 1 Frenemy,” National Asian Pacific American Bar Association Convention, Nov. 9, 2023.
  • Panelist, “UFLPA: A Year in Reflection and Projections for the Future,” U.S.-China Business Council, Oct. 12, 2023.
  • Presenter, “CFIUS National Security Reviews in PRC-US Investment Transactions,” University of Washington Foster School of Business, July 21, 2023.
  • Panelist, “Negotiating Supply Chain Agreements Under the New U.S.-China Trade Sanctions,” Strafford CLE, May 16, 2023.
  • Moderator, “The ‘S’ in ESG: Addressing Forced Labor Issues,” New York City Bar Association CLE, Apr. 28, 2023.
  • Panelist, “Unpacking the Uyghur Forced Labor Prevention Act,” Washington State China Relations Council, Sept. 28, 2022.
  • Panelist, “Negotiating Supply Chain Agreements Under the New U.S.-China Trade Sanctions,” Strafford CLE, Apr. 12, 2022.
  • Presenter, “Overview of EAR, ITAR, and OFAC Compliance,” Pacific Northwest Defense Coalition Annual Conference, Sept. 2020.
  • Presenter, “U.S.‐China Trade Tensions and Impact on Chinese‐American Engineers,” Chinese Institute of Engineers (Seattle Chapter) Annual Conference, Sept. 15, 2019.
  • Presenter, “Navigating Uncertainty Amidst Trade Tensions: Mitigation Strategies and Customs Import Compliance,” Pacific Northwest Defense Coalition 2019 ITAR & EAR Compliance Conference, Sept. 12, 2019.
  • Panelist, “Section 301 Tariffs on Chinese Goods and Potential Relief,” Washington Council on International Trade, Sept. 3, 2019.
  • Panelist, “Trump, Asia, and America as an Asian Power,” Asian Studies on the Pacific Coast 2017 Conference, Willamette University, June 11, 2017.
  • Moderator, “Trade Disputes Involving the United States and China,” Brooklyn Law School, Jan. 21, 2015.

Industries & Practices

International Arbitration & Litigation
Government Solutions & Investigations
Foreign Banks and Financial Institutions
  • Asia-Pacific
  • Banking & Financial Institutions
  • China
  • Commercial Litigation
  • Energy & Natural Resources
  • Foreign Banks and Financial Institutions
  • Government Solutions & Investigations
  • Intellectual Property
  • International Arbitration & Litigation
  • International Trade
  • National Security Law
  • Technology

Professional & Civic

Community Involvement

  • Customs and International Trade Bar Association
  • Asian Bar Association of Washington
  • Chinese-American Citizens Alliance (Seattle Chapter)
  • Board Member, Harvard Club of Seattle

Accolades

      Diversity Inclusion Recognition 2023

  • Contributed more than 50 Diversity hours, 2023

Contributed 50+ Pro Bono Hours in 2020

  • Contributed more than 50 Challenge pro bono hours, 2020
T. Augustine Lo