“Ater Wynne is filled with TALENTED PEOPLE who want to make a difference in the lives of our clients and their businesses. We have the depth of practice area experience it takes to be true advisors to our clients.”
Akana K. J. Ma
Partner
Akana Ma offers clients from around the world practical, creative solutions to business and legal issues involving different legal systems, cultures and businesses. He chairs Ater Wynne’s Global Trade Group.
Akana works with clients conducting business in the global marketplace to structure effective and efficient transactions; comply with U.S. and foreign laws and regulations; transfer and protect data and technology, intellectual property, and software; negotiate contracts for the sale and distribution of products and services; and establish foreign offices and manufacturing facilities.
He has practiced international business and trade law for more than 25 years. Akana is a member of the District Export Council for Oregon and Southwest Washington, a U.S. Department of Commerce-appointed group that advises the U.S. government on international trade issues and advises clients about a variety of export issues.
Exports
As to export matters, Akana counsels clients on compliance with U.S. and foreign export controls, embargoes, anti-bribery, and shipping laws and regulations governing commercial and military products, technical data, and services. His advice to clients includes classification, proper handling, and licensing of commercial and military products. He is continually involved with establishing and auditing export controls compliance programs for a wide spectrum of companies and industries. In addition, he is frequently consulted when voluntary disclosures and remedial measures are required. This involves navigating and translating the complex and interlocking rules in the U.S. Export Administration Regulations (“EAR”), the International Traffic in Arms Regulations (“ITAR”), and the various country and sector sanctions administered by the Office of Foreign Assets Control (“OFAC”).
Imports
As to import matters, Akana represents clients in antidumping and special tariff proceedings before the U.S. Department of Commerce and the International Trade Commission. In 2017 he headed an Ater Wynne team that was successful in multiple petitions to exclude imported products from tariff surcharges. In 2018, Akana is advising clients on the impact of section 232 and section 301 special tariff surcharges and administrative means to seek product exclusions. As with exports, Akana may assist clients with classification of products under the Harmonized Tariff Schedule, valuation, marking and prior disclosures.
Data Transfer and Privacy
As to data transfer matters, Akana advises clients on compliance with the EU General Data Protection Regulation (“GDPR”) as well as the U.S – EU Privacy Shield Principles. This has implications for company policies and procedures, contracts with customers and subcontractors, as well as an in-depth review of personal data privacy issues. In addition, Akana has advised U.S. and foreign clients regarding investment in the U.S. by foreign investors and the U.S. government CFIUS review process.
He is also a founding member of Legal Counsel International, a global alliance of international lawyers and law firms helping clients engage in a wide range of international business transactions. Akana has been featured in the Oregon State Bar Bulletin as one of a handful of Oregon attorneys with in-depth experience in both international business transactions and international trade regulatory compliance regarding U.S. – China trade.
Akana lectures widely at regional and national conferences on the subject of U.S. Export Controls compliance, U.S. Customs and import compliance, Foreign investment in the U.S. and the CFIUS review process, Anti-bribery compliance, International personal data protection, and the international protection of intellectual property.
To view Akana’s past Global Trade presentations please click here.
Professional Experience
- Ater Wynne LLP, Portland, Oregon, Partner, 2008 to present; Of Counsel, 2005 to 2007
- A.K. Ma and Associates, Attorney at Law, Portland, Oregon, 1996 to 2005
- Stone and Webster Engineering Corporation, Boston, Massachusetts, Contract Counsel, 1993 to 1996; In-House Counsel, 1990 to 1993
- Kirkpatrick & Lockhart, Washington, D.C., 1985 to 1989
Education
- Boston College Law School, J.D., 1984
- Harvard Law School, East Asian Legal Studies, 1982 to 1984
- Tufts University, B.A. cum laude, 1979
Admitted to Practice
- Oregon
- District of Columbia (inactive)
- Massachusetts (inactive)
Professional Activities
- U.S. Department of Commerce District Export Council for Oregon and Southwest Washington, 2007 to present
- American Bar Association, Division of International Law and Practice
- East-West Center Association
- International Bar Association
- Interpacific Bar Association
- Legal Counsel International
- Oregon State Bar, chair, International Law Section, 2010 to 2011; chair, Executive Committee, International Law Section, 2000
- Frequent lecturer for U.S. Department of State, U.S.Department of Commerce, and U.S. Small Business Administration on multiple trade compliance subjects, including: export controls, import and customs, anti-bribery, personal data protection, and government contacts
Community Activities
- Mt. Hood Ski Patrol, Director of Associate Apprentice Training, 2001 to 2004
- Oregon State Search and Rescue, Former Certified Member
Representative Publications and/or Presentations
- Webinar, Pacific Northwest Defense Coalition, A Primer on U.S. Export Controls, July 2013.
- U.S. Foreign Corrupt Practices Act Compliance – Issues For Small and Big Companies – Presentation at the OSCPA Business & Industry Conference. October 2010.
- Key Legal Topics For A Successful International Business – Presentation to the Association of Corporate Counsel, Portland Chapter. September 2010.
- U.S. Exports and Encryption. Oregon State Bar International Law Section Newsletter. March 2005.
- Importers’ Compliance with U.S. Laws. Oregon State Bar International Law Section Newsletter. March 2005.
- Helping Clients Succeed in International Trade. Oregon State Bar Bulletin. November 2002.
- Counsel’s Role in the Export Sales Transaction – Harmonizing Competing Interests. Oregon State Bar International Law Newsletter. Volume XII, No. I, 1998. Pacific Northwest International Trade Association Trade Winds. December 1997. International Lawyer’s Newsletter Kluwer Law. Vol. XX, No. 1, 1998.
- Building an International Vision – In the Global Society (interview). Boston College Law School Magazine. Vol. 1, No., 2. June 1993.