News & Analysis as of

MOFCOM to Confirm Relaxation of Registered Capital Contribution Requirements for FIEs

On June 17, 2014, the Ministry of Commerce (the “MOFCOM”), the major regulator of foreign investment in China, issued the Notice on Improving Foreign Investment Review Administration (the “MOFCOM Notice”) to make it clear...more

China: New SAFE Regulations Improve Access to Onshore Credit Support

New SAFE cross-border security rules will ease restrictions on offshore bond offerings and other offshore financings by Chinese companies. Introduction – On May 19, 2014, China’s State Administration of Foreign...more

MOFCOM’s Pilot Program for Reviewing and Approving Foreign Investment Projects

The People's Republic of China Ministry of Commerce (“MOFCOM”) recently implemented a pilot program to optimize the procedure for reviewing and approving foreign investment projects by central MOFCOM. Effective May 28, 2014,...more

China and JMBM’s Chinese Investment Group™ are in the news again!

As the significance of Chinese investment in the US continues its rapid growth, news articles regularly document new details of this major trend. And in today’s Los Angeles Times, Tiffany Hsu provided some interesting facts...more

The RQFII Program—Opportunities and Challenges for International Investors Interested in Direct Access to PRC Securities with...

The Renminbi Qualified Foreign Institutional Investor (“RQFII”) pilot program allows non-PRC institutional investors from certain jurisdictions that have officially implemented the RQFII (the “Relevant Jurisdictions”) to deal...more

New Chapter For Foreign Telecom Investment In Shanghai Free Trade Zone

The telecom industry has traditionally been highly regulated and restricted in terms of foreign investment in China. China tightly controls what types of telecom business including basic telecom services (BTS) and value-added...more

Ten Major Differences Between Real Estate Investing In China And Real Estate Investing In The United States

Commercial real estate is an approximately USD$26 trillion (RMB 162 Trillion) global industry, The United States has over 25% of the global commercial real estate at almost USD$7 Trillion. (RMB 43.7 Trillion). It has been...more

Explore - Insights from the DLA Piper Mining Sector

In This Issue: - Editorial - About our Mining Sector - Seismic Shift - A Whole New Ball Game – Coal Sales in China - OHADA – What Foreign Investors Need to Know - Breaking the Drought – the...more

New NDRC Regulatory Measures on Outbound Investment Effective May 8, 2014

On April 8, 2014, the National Development and Reform Commission (“NDRC”), a ministry-level authority under the State Council responsible for the administration of domestic investment in China and outbound investment out of...more

China-Mexico Energy Trade Ties in Progress

China and Mexico have been at opposite ends for decades, especially since the latter accused the former of flooding the U.S. market with cheap goods that affected the sales of its own. However, now that the Mexican oil and...more

China to Relax Governmental Approvals for Outbound Investment

On December 2, 2013, the State Council issued the Circular Concerning Catalogue of Investment Projects Requiring Government Approval (2013 Version)(the “2013 Catalogue”) and introduced new changes[1] to governmental approvals...more

CSRC Issued New Drafts of Administrative Measures on Acquisition of Unlisted Public Companies for Public Comments

China Securities Regulatory Commission (the “CSRC”) issued a notice on May 9, 2014 to seek public comments for the Administrative Measures on the Acquisition of Unlisted Public Companies (Draft for Comment) (hereinafter...more

Key issues for asset managers in 2014

In this newsletter - U.S.: - Dodd-Frank Act – Designation of asset managers as systemically important financial institutions - Volcker Rule finalised with a more limited application to covered fund activities...more

New NDRC Rules Set to Facilitate China Outbound Investments

As we reported in our February 18, 2014 alert, China’s State Council adopted a new, more permissive approach to regulation of overseas direct investment (“ODI”) with the promulgation on December 2, 2013 of the Circular...more

Further Policies Liberalizing Foreign Investment in China’s Medical Services and Related Industries

The chairman of China’s National Health and Family Planning Commission (HFPC) highlighted potential reforms that would allow increased foreign investment in China’s medical services industry, as well as support the “two-child...more

Chinese Going Global

In recent years, we have seen several joint venture investments by Chinese state-owned and private enterprises in U.S. energy holdings, motivated in large part by the need for Chinese entities to understand the management...more

Amendments to PRC Foreign Invested Enterprise Laws

Following the new amendments to the PRC Company Law, China has published a series of conforming amendments to certain existing regulations governing foreign invested entities in China (FIEs) to reflect the reform introduced...more

Move Towards A Chinese FATCA?

Enhanced Reporting Requirements for PRC Residents on Foreign Assets and Transactions - On 9 November 2013, the PRC State Council released the revised reporting requirements for 'PRC residents' in relation to their...more

New PRC Policies on Annual Inspection

On February 19, 2014 the state-level General Administration for Industry and Commerce (the “AIC“) issued a notice to officially cancel the annual inspection for all types of enterprises including domestic entities,...more

China Lowers Market Entry Barriers for Foreign-Invested Telecommunications Businesses Established in Shanghai Free Trade Zone

China has further opened up its value-added telecoms sector, starting with foreign-invested companies established in the new Shanghai Free Trade Zone (“SFTZ”). As reported in our January China Bulletin, the SFTZ offers...more

Ralls Continues to Fight Presidential Divestiture Order Stemming from CFIUS Investigation

Ralls Corp., a privately-held company owned by executives of the China-based heavy machinery manufacturing conglomerate Sany Group, recently filed an appeal in its ongoing effort to avoid President Obama’s order requiring the...more

Outward Bound

As Chinese companies have matured, they’re eagerly looking to the U.S. as a source for technology innovation, talent and market penetration, says Jackie Liu, a partner in Morrison & Foerster’s San Francisco office. Until...more

The CFIUS Review Process And Foreign Investments

Washington is a town that is filled with secrets – some interesting and others not so interesting. I grew up and have practiced law in Washington, DC. all of my career. ...more

New Rules on Foreign Direct Investment in China

Most foreign direct investment projects will be treated the same as their domestic counterparts with regard to governmental approval requirements under new rules passed by China’s State Council. The move substantially relaxes...more

CFIUS Annual Report Shows Increased Focus on Chinese Investment

The Committee on Foreign Investment in the United States (“CFIUS”), the inter-agency group that conducts national security reviews of foreign acquisitions of U.S. businesses, recently issued its Annual Report to Congress for...more

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