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China National Security Ministry of Commerce

Womble Bond Dickinson

China’s Foreign Investment Law and Updated Investment Negative List: New Opportunities for Foreign Investment in China

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Foreign investment into China is governed by the new Chinese Foreign Investment Law ("Foreign Investment Law "), as well as its Implementing Rules ("Implementing Rules"), which took effect on January 1, 2020. A key feature of...more

White & Case LLP

Foreign direct investment reviews 2021: China

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China continued to strengthen its national security regulatory regime by introducing the new Data Security Law in 2021 - China has further strengthened its legislation on data security in view of the popularity of...more

Akin Gump Strauss Hauer & Feld LLP

The New PRC Anti-Foreign Sanctions Law

On June 10, 2021, the 29th session of the Standing Committee of the 13th National People’s Congress ("NPC") adopted China’s new Anti-Foreign Sanctions Law,1which took immediate effect. The new law provides legal grounds for...more

White & Case LLP

China Establishes New Mechanism to Counteract "Unjustified" Extraterritorial Application of Foreign Measures

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On January 9, 2021, China's Ministry of Commerce (MOFCOM) issued Order No. 1/2021 on the Rules on Counteracting Unjustified Extraterritorial Applications of Foreign Legislation and Other Measures (the "Rules").1 The Rules,...more

Perkins Coie

China Adopts Measures to Counter Foreign Laws Banning Transactions with Chinese Firms

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The Ministry of Commerce (MOFCOM) released Order No. 1 of 2021 on Rules on Counteracting Unjustified Extraterritorial Application of Foreign Legislation and Other Measures (the Rules) effective on January 9, 2021. The Rules,...more

Dechert LLP

China Issues New National Security Rules on Foreign Investment Effective January 18, 2020

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On December 19, 2020, China’s National Development and Reform Commission (“NDRC”) and Ministry of Commerce (“MOFCOM”) jointly issued the Measures on National Security Review of Foreign Investments (“Review Measures”). ...more

White & Case LLP

The New FISR Measures – A Step Further in China’s National Security Review of Foreign Investments

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On December 19, 2020, China's National Development and Reform Commission ("NDRC") and the Ministry of Commerce ("MOFCOM") jointly issued the Measures for the Security Review of Foreign Investments ("New FISR Measures"), which...more

Pillsbury Winthrop Shaw Pittman LLP

China Publishes Blocking Statute to Counteract Unjustified Extraterritorial Application of Foreign Legislation and Sanctions

The Blocking Statute provides the legal basis for refusing to recognize, implement, and comply with unjustified extraterritorial application of foreign legislations and sanctions that prohibit or restrict normal economic,...more

Jones Day

China Releases Rules to Address Extra-Territorial Applications of Foreign Laws

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The Development: China's Ministry of Commerce ("MOFCOM") released Rules on Counteracting Unjustified Extra-Territorial Application of Foreign Laws and Other Measures ("Rules") on January 9, 2021. Effective immediately, the...more

BCLP

PRC Legal Update: New Rules on National Security Review of Foreign Investment in China

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PRC National Development and Reform Commission (the “NDRC”) and Ministry of Commerce (the “MOFCOM”) jointly published the Measures for the Security Review of Foreign Investment (the “Measures”) on 19 December 2020. The...more

K&L Gates LLP

Observations on New Measures for China's Security Review of Foreign Investment

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On 19 December 2020, the National Development and Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM) have jointly issued the Measures for the Security Review of Foreign Investment (Measures), with effect from 18...more

Pillsbury Winthrop Shaw Pittman LLP

China Publishes Import License List and Export Control List for Commercial Encryption

The Encryption Export List is the first list of controlled items after the issuance and implementation of China’s new Export Control Law. Under the previous legal regime, China imposed export licensing requirements on the...more

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - China

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China has moved to strengthen its review of foreign direct investments in 2020 - The PRC Foreign Investment Law (FIL) and its implementation regulations, which establishes the new foreign investment regulatory framework in...more

K2 Integrity

China Announces “Provisions on the Unreliable Entity List”

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Summary - On September 19, China’s Ministry of Commerce (MOFCOM) released an administrative order – the “Provisions on the Unreliable Entity List” (“the UEL”) – that provides initial procedures for the designation of...more

Sheppard Mullin Richter & Hampton LLP

China Expands Technology Export Controls: Fighting back on TikTok and Putting Your R&D at Risk

On August 28, 2020, China took its own swing in the fight over TikTok. The blow, however, may land right in the middle of U.S.-China technology research, collaboration, and innovation. New export regulations may require...more

WilmerHale

China Publishes Draft Export Control Law

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The Standing Committee of China’s National People’s Congress published the Draft Export Control Law (Draft ECL) on December 28, 2019, with comments due by January 26, 2020.  The Draft ECL, if enacted in its current form,...more

White & Case LLP

Foreign direct investment reviews 2019: A global perspective: China

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China has developed its own national security review regime over the past years, but the review process and relevant rules and guidance continue to be subject to further clarifications. A ministerial review panel (MRP) was...more

A&O Shearman

China’s new Foreign Investment Law - a new era for foreign investment in China?

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The Foreign Investment Law of the People’s Republic of China (FIL) was approved and passed by the National People’s Congress (NPC) on 15 March 2019. In its current form, the FIL will become effective at the beginning of 2020,...more

Hogan Lovells

New draft of the Foreign Investment Law takes a more 'stripped-down' approach, but defers discussion on the 'elephant in the room'

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On December 26, 2018, the National People's Congress (NPC) of the People's Republic of China (China or PRC) issued a revised draft Foreign Investment Law (the 2018 Draft) for public comments, accompanied by an explanation...more

Hogan Lovells

China issues new rules tightening up on overseas transfers of intellectual property rights (IPR)

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On 29 March 2018, the Chinese State Council released the External Transfer of Intellectual Property Rights Measures (for trial implementation) (the IPR Overseas Transfer Measures) providing for further governmental scrutiny...more

Miller Canfield

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

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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

Sheppard Mullin Richter & Hampton LLP

PRC Foreign Investment Draft Law: What You Should Know

On January 19, 2015, China’s foreign investment regulatory authority Ministry of Commerce (“MOFCOM”) released a draft of new Foreign Investment Law (“Draft Law”) (See blog article Comparison Chart re JV Law and Foreign...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2013 Insights: Global M&A

M&A activity in 2012 continued to be constrained by uncertain macroeconomic conditions, which have dampened dealmakers’ confidence. Although there were several bright spots in transactional activity, momentum was difficult to...more

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