The People’s Republic of China (PRC or China) established a foreign investment security review in 2011 that focused exclusively on the merger and acquisition of domestic companies by foreign investors in a notice issued by the State Council (the 2011 Notice)1. On December 19, 2020, the National Development and Reform Committee (NDRC) and the Ministry … Continue Reading
On Saturday 9 January 2021, the PRC Ministry of Commerce (MOFCOM) issued MOFCOM Order No. 1 of 2021 on Rules on Counteracting Unjustified Extra-Territorial Applications of Foreign Legislation and Other Measures (the Rules). The Rules specify that they were formulated pursuant to the PRC National Security Law for the express purpose of “counteracting the impact … Continue Reading
After several rounds of revisions, China finally adopted its first Export Control Law (ECL), which went into force on December 1, 2020. In general, we consider the ECL general, vague and hard to be implemented in practice without further adopting implementation rules. It incorporates many concepts from the US export control laws, but with few … Continue Reading
On November 12, 2020, the President signed an Executive Order (EO) on “Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies.” The EO generally prohibits any transaction in publicly traded securities, or any securities that are derivative of, or are designed to provide investment exposure to such securities, of any Chinese military … Continue Reading
On September 19, 2020, the Ministry of Commerce of the People’s Republic of China (the MOFCOM) published the Regulations on Unreliable Entity List (Regulations), which became effective the same day. Following its first announcement on May 31, 2019, the unreliable entities list (UEL) has attracted the attention the Chinese and non-Chinese media alike. Numerous questions … Continue Reading
Notable Developments The United States House of Representatives and Senate have released text of their versions of the FY2021 National Defense Authorization Act (H.R. 6395 and S. 4049, respectively). The Huawei-related provisions are summarized below. House Huawei provisions: Sense of Congress affirming Section 889 of the FY19 NDAA, which concerns federal procurement of Huawei equipment, … Continue Reading
On Friday, May 29, President Trump announced several actions related to China and Hong Kong. The President’s delivered remarks and what was left unsaid were equally instructive. While we are still waiting on details for some of these actions, below is an overview of the President’s announcement.… Continue Reading
Effective at midnight China Standard Time on Saturday, March 28, 2020, China is temporarily suspending the entry of foreign nationals who hold a valid ordinary visa or residence permit.… Continue Reading
This blog post is being published for The Trade Practitioner as part of a content partnership with our Shanghai and Beijing Offices. Please contact Daniel Roules and Yi (Nic) Wan with any questions. In a prior client advisory on the legal implications of coronavirus disease 2019 (“COVID-19”) in China, we explored employment, force majeure, data … Continue Reading
Join us along with the Greater Phoenix Economic Council for a substantive discussion on hot-button issues in international trade and policy that will directly impact Arizona businesses across a range of industries. This discussion will feature Ludmilla L. Kasulke, who is an experienced trade lawyer based in our Washington DC office. Topics will include an … Continue Reading
On October 8, 2019, the Secretary of State announced visa restrictions on Chinese government and Communist Party officials believed to be responsible for, or complicit in, the detention or abuse of Uighurs, Kazakhs or other members of Muslim minority groups in Xinjiang, China. Family members of named persons may also be subject to these restrictions. The visa restrictions support the Department … Continue Reading
Keep US Open to Chinese Business: 维持一个对华企业开放的美国： How to Cope With Strengthened US Export Controls and CFIUS 应对日趋严格的美国出口管制和CFIUS审查的实务指南 Friday, October 11, 2019 – Shanghai (2019 年10月11日，周五 – 上海) Tuesday, October 15, 2019 – Beijing (2019 年10月15日，周二 – 北京)… Continue Reading
Ahead of the Curve: Addressing the Changing Environment of US-China Trade Compliance and Export Controls Thursday, October 10, 2019 – Shanghai Monday, October 14, 2019 – Beijing… Continue Reading
Accessing the US Market: Regulatory and Policy Insights and Strategic Advice for Japanese Investors Wednesday, October 9, 2019 – Chiyoda-ku, Tokyo 9:30 am to 12:30 pm JST. Event includes lunch. … Continue Reading
On August 1, 2019, President Trump tweeted that the US will impose a 10% tariff on approximately US$300 billion worth of products from China (“List 4”) beginning on September 1. This will be in addition to Section 301 tariffs already imposed on US$250 billion worth of Chinese products. … Continue Reading
On June 24, 2019, the Office of the United States Trade Representative (USTR) officially announced a product exclusion process for List 3 of the Section 301 tariffs, which imposes 25% tax on US$200 billion worth of products from China. … Continue Reading
On June 24, 2019, the US Department of Commerce, Bureau of Industry and Security (BIS) published in the Federal Register a Final Rule designating five entities, all located in China, to the Entity List. The five entities are: Chengdu Haiguang Integrated Circuit – aliases include Hygon and Chengdu Haiguang Jincheng Dianlu Sheji Chengdu Haiguang Microelectronics Technology – aliases include HMC … Continue Reading
