T. Augustine Lo
PEOPLE

T. Augustine Lo

Associate
lo.augustine@dorsey.com

Overview

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

Augustine is an associate 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. Government Expands Restrictions on Exports to China, Iran, and Russia and Issues New Business Advisory Regarding Forced Labor in Xinjiang
Biden Administration Revises and Expands Restrictions on U.S. Person Investment in Chinese Companies and Releases New List of “Chinese Military Companies” Under 2021 NDAA Section 1260H
U.S. Reimposes Economic Sanctions On Military Regime in Burma
U.S. Department of Commerce Sanctions Seven Chinese Supercomputer Firms
New U.S. Government Review Process Effective March 22 for Information Communications Technology and Services from China, Russia and Other “Foreign Adversaries”
Court Calls into Question Securities Trading Restrictions on Entities Designated as Communist Chinese Military Companies
U.S. Expands Xinjiang Regional Import Restriction to Cover All Cotton and Tomato Products
Trump Administration Revises List of State Sponsors of Terrorism
U.S. Government Sanctions Chinese and Russian Entities and Creates New Military End User List
Trump Administration Seeks to Ban Transactions Using Popular Chinese Mobile Apps
U.S. Customs Bans More Textile Imports From China
Trump Administration Bars U.S. Investments in Certain Chinese Companies Linked to Chinese Military
U.S. Customs Authorizes Seizure of Stevia from China for Alleged Use of Forced Labor
U.S. Bars More Imports and Weighs Broader Measures on Cotton From Xinjiang, China
Trump Administration Re-imposes Sec. 232 Tariff on Canadian Primary Aluminum
Importer and Its Executives Pay $5.2 Million Under FCA for Evading U.S. Tariffs
CFIUS Expands Foreign Investments Subject to Scrutiny with Significant Carve-out for Canadian, Australian and U.K. Investors
U.S.-China Phase One Trade Deal: A Recap
Year-End Trade Deals Offer Hope for U.S. Business in 2020
Chemical Industry Update - November 2019
CFIUS and Its Proposed Regulations Expanding Jurisdiction - Foreign Investment in the United States will Face More National Security Reviews
Administration Reveals New Two-Phase Section 301 Tariffs on Chinese Goods
Chemical Industry Update - July/August 2019
International Trade Update: A Long Hot Summer of Trade Disturbances
Alleged Violations of Government Data Security Requirements Yield FCA Settlement

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

  • 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,” Willamette University, June 11, 2017 (Asian Studies on the Pacific Coast 2017 Conference) 
  • Moderator, “Trade Disputes Involving the United States and China,” Brooklyn Law School, Jan. 21, 2015

Industries & Practices

International Arbitration & Litigation
Government Enforcement & Corporate Investigations
Foreign Banks and Financial Institutions
  • Asia-Pacific
  • Banking & Financial Institutions
  • China
  • Commercial Litigation
  • Energy & Natural Resources
  • Foreign Banks and Financial Institutions
  • Government Enforcement & Corporate 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)
  • Secretary, Harvard Club of Seattle

Accolades

Contributed 50+ Pro Bono Hours in 2020

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