China National Security

News & Analysis as of

Congress Urged to Block Certain Chinese Investments in the U.S.

On November 16, 2016, the U.S.-China Economic and Security Review Commission (USCC) issued its 2016 Annual Report to Congress, which included 20 recommendations on Congressional action to be used for assessing progress and...more

National security reviews: A global perspective — China

China is attempting to implement a more structured and comprehensive system to keep a closer eye on economic deals that might have security implications - A ministerial review panel established by China's Ministry of...more

Reducing M&A risks related to national security reviews

As national security reviews grow in impact, investors need to be mindful of potential adverse consequences resulting from such reviews International M&A deal advisors are acutely aware of the growing impact of national...more

"Looking Ahead: The U.S. Legal and Regulatory Environment Under a Trump Administration"

Election Day brought an end to a long period of uncertainty that caused market fluctuations and delayed business planning decisions. As we navigate the post-election landscape, many questions remain regarding the potential...more

Electronic Visa Update System Affects Some People’s Republic of China Passport Holders

U.S. Customs and Border Protection (CBP) has announced that effective November 29, 2016 all People’s Republic of China passport holders carrying a 10-year visa are now required to enroll in the Electronic Visa Update System...more

Is Chinese Investment in the U.S. Film and Entertainment Industry the Next Area of CFIUS Scrutiny?

U.S. lawmakers recently submitted a letter to the Government Accountability Office (GAO) raising concerns about increased Chinese investments in the U.S. film and entertainment industry and questioning whether the Committee...more

Reported Clearance of ChemChina’s $43 Billion Deal for Syngenta Underscores Need for Chinese Companies to Take a Proactive...

The Committee on Foreign Investment in the United States (CFIUS), which reviews transactions for potential national-security issues, has reportedly cleared state-owned China National Chemical Corp.’s (ChemChina) planned $43...more

$6 Billion Chinese Acquisition Bid Submitted for CFIUS Review Serves as a Wake-Up Call for Companies to Evaluate and Mitigate...

In late July 2016, U.S. technology distributor Ingram Micro, Inc. (Ingram) announced that it would submit its pending $6 billion acquisition by Chinese shipping company Tianjin Tianhai Investment Co. Ltd. to the Committee on...more

CFIUS Actions Highlight Focus on Critical Technologies and Infrastructure

In its latest report to Congress, the Committee on Foreign Investment in the United States (CFIUS), the US government's interagency body that vets foreign investment with national security implications, reported that it...more

"Insights Conversations: Debunking CFIUS Myths"

The Committee on Foreign Investment in the United States (CFIUS) is a critical component of cross-border deals involving U.S. targets. The head of Skadden's CFIUS practice, Ivan Schlager, and Palo Alto corporate partner Ken...more

CFIUS Annual Report Shows Items of Interest for Government Contractors

The Committee on Foreign Investment in the United States (“CFIUS”) recently issued its Annual Report to Congress regarding transactions that they reviewed during 2014. Below are highlights of trends and issues gleaned from...more

U.S. Commerce Department Imposes Sanctions on Chinese Global Telecommunications Manufacturer ZTE Corporation

On Tuesday, March 8, the U.S. Department of Commerce placed Zhongxing Telecommunications Equipment Corporation, known as ZTE, on the Entity List, along with affiliates ZTE Kangxun Telecommunications Ltd., Beijing 8-Star...more

"CFIUS’s Annual Report to Congress Highlights Decrease in Investigations, Need for Transparency "

Key Developments - The Committee on Foreign Investment in the United States (CFIUS) is an interagency organization charged with identifying potential national security risks posed by foreign acquisitions of U.S....more

8 Key Takeaways From the CFIUS Annual Report to Congress

FY2014 CFIUS Report reflects significant increase in the number of transactions reviewed for national security risks, with Chinese investors continuing to lead the pack. The Committee on Foreign Investment in the United...more

China Regulatory Enforcement Quarterly - Q3 2015

On August 12, a series of explosions in the northern port-city of Tianjin killed over one hundred people and injured hundreds of others. The explosions were allegedly caused by hazardous chemical materials in shipping...more

National security clampdown on foreign deals

Countries around the world have been increasingly focusing on national security reviews of foreign direct investments into their markets. The three countries where national security reviews can potentially have a...more

Analysis of Close Proximity Issues in Transactions Reviewed by CFIUS

A US business’ close proximity to facilities or areas considered sensitive by the US Government can raise concerns when the Committee on Foreign Investment in the United States (CFIUS) is evaluating the potential national...more

New challenges created by China’s new draft cybersecurity law

In July 2015, China released its new draft cybersecurity law (the ‘Law’), which will potentially have far-reaching consequences for network operators and companies doing business in China....more

Online Payment Systems Technology in China—Trojan Horse or Forbidden Fruit?

Powerful new computational technology pioneered in e-commerce presents Chinese regulators with potential concerns and solutions to the perennial problem of information, pricing, and settlement capacity. Online payment...more

U.S. Business Groups Urge Obama Administration To Address Chinese Cybersecurity Rules

On August 11, 2015, a group of 19 U.S. business groups, including the U.S. Chamber of Commerce and the US-China Business Council, sent a letter to President Barack Obama urging him to push China to change its cybersecurity...more

China’s Draft Cybersecurity Law – A New Regime for Network Security

China’s current leadership has attached significant attention to network security, which is deemed to be a core aspect of national security. In early 2014, China’s President, Xi Jinping, who is also the head of the Office for...more

China Adopts the New National Security Law - a Top Legislative Effort to Control Cybersecurity

On 1 July 2015, the Standing Committee of the National People's Congress, China's top legislature, approved the new National Security Law of the People's Republic of China, the "New Law") which became effective on the same...more

The War Against Cyber Threats: President Obama Ups the Ante

Focusing on overseas cyber threats, President Obama issued an Executive Order on April 1, 2015, which grants authorization to impose sanctions on individuals and entities engaged "in malicious cyber-enabled activities that...more

China’s Draft Foreign Investment Law Could Be a Game Changer?

China’s Ministry of Commerce (MOFCOM) has issued a draft Foreign Investment Law for public comment. The draft law (the Draft) will almost certainly not become law until 2018 at the earliest and changes are likely before...more

“Forewarned Is Forearmed” – The Rise of Chinese Data-Flow Restrictions

Manufacturers with operations, employees, and/or customers in China must be aware of a long list of China-specific data-flow and content restrictions. Data-flow restrictions in particular affect manufacturers employing or...more

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