NGOSONG FONKEM

President & General Counsel

Ngosong Fonkem is a trade compliance lawyer with broad experience in diverse business sectors in the USA and internationally. He has worked on a variety of international trade-related issues, including US Customs litigation, energy consulting in Southeast Asia, and teaching as a full-time member of the law faculty at the oldest private university in Malaysia. Some of his past experience and projects include the following.

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• Assisted many large companies with technology and software negotiations in four continents.

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• Advised and assisted many foreign and domestic companies with market access into the United States and foreign countries.

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• Assisted companies with US Import/Export compliance. Import: Classification, protest, assists, engagement with CBP, import validation audits, duty mitigation/drawbacks, valuation, country of origin, first sale. Export: TAA, ITAR, Trade Sanctions, DFAR, BIS/EAR, etc.

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• Consulted with companies regarding day-to-day compliance with U.S. trade laws and related audits, investigations, intervention, and civil enforcement proceedings.

• Advised large multinational companies on compliance aspects of DoD DFARS (252) 204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting as prescribed in 204.7304(c).

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• As an in-house compliance lawyer, worked to build and develop compliance & ethics program defensible under the Federal Sentencing Guidelines.

• Provided advice on pre and post-acquisition due diligence investigation, including the FCPA, anti-corruption, and anti-kickback laws.

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• Assisted and provided legal support in legal matters concerning government contracting business tenders, i.e., reviewed and evaluated prime contracts and interagency agreements, provided input to procurement technical direction and advised, reviewed overall business aspects of proposed subcontracts by evaluating proposals in competitive procurement, reviewing and analyzing audit reports, technical evaluations, and subcontracts, gathering and evaluating price and cost data of pre- and post-award procurement actions.

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• Advised insurance carriers on matters relating to personal injury or tort claims, including construction defects, ERISA, third-party subrogation litigation, and general insurance defense. Managed complex civil litigation from intake through final disposition, by developing case strategy, drafting litigation plans and status reports, negotiating settlements, or preparing cases for trial.