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Foreign Investment China National Development and Reform Commission

Fox Rothschild LLP

The Role of National Security in the U.S.-China Battle Over Foreign Direct Investment

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As the People’s Republic of China (PRC) has emerged as a major economic power and competitor, the U.S. has leaned heavily on and enhanced its foreign direct investment regime over recent years to protect its national security...more

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

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

Dorsey & Whitney LLP

China Issues Rules on Foreign Investment Security Review to Stay in Line with International Practice

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On December 19, 2020, China published the Rules on Foreign Investment Security Review (in Chinese, 外商投资安全审查办法) (“Security Review Rules”). Security Review Rules lay out the grounds by which foreign investments in China are...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

Hogan Lovells

In China, foreign investment opportunities are there for the taking – if you’re prepared to seize them

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In China, foreign investment opportunities are there for the taking – if you’re prepared to seize them By Jun Wei, Urszula Nartowska, and Stephanie Tang China’s chemical industry has been the world’s largest since 2011 – but...more

Orrick, Herrington & Sutcliffe LLP

China's Support to Foreign-Invested Enterprises Amid COVID-19

Since the beginning of the COVID-19 outbreak, the Chinese government has been concerned about the pandemic’s economic impact and swiftly adopted a range of measures to support businesses, foreign trade and investments....more

Faegre Drinker Biddle & Reath LLP

China Adopts the New Implementing Regulations for the Foreign Investment Law

To ensure the effective implementation of the new Foreign Investment Law (the FIL) as well as to clarify the issues not clearly addressed in the FIL and to better protect the legitimate rights and interests of foreign...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

Hogan Lovells

The Foreign Investment Law gets wings: draft implementation regulations released for public consultation

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Following the ground-breaking People's Republic of China (PRC) Foreign Investment Law (FIL) which unifies and replaces the main existing rules governing foreign invested enterprises (FIEs) and their activities, namely the...more

McDermott Will & Emery

Special Report - Chinese Outbound Investments - The Regulatory Landscape

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CHINESE OUTBOUND INVESTMENTS – THE SELLER’S PERSPECTIVE - 1. CHINESE REGULATION – 1.1 The Chinese Regulations Applicable to Chinese Outbound Investments – Generally, any outbound investment by a Chinese enterprise...more

Latham & Watkins LLP

China Introduces New Foreign Investment Law, Negative Lists, and Encouraged Industries Catalogue

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What do multinational corporations, private equity funds, and other foreign investors need to know? On March 15, 2019, the National People’s Congress of China approved The People’s Republic of China Foreign Investment Law...more

A&O Shearman

Investing in China: opportunities and challenges coexist

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At a time when U.S.-China trade tensions are being reported as having a dramatic impact on the global economy, China’s Ministry of Commerce has announced that the actual use of foreign capital in China is still increasing...more

White & Case LLP

China Further Removes Foreign Investment Restrictions

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On June 30, 2019, China's National Development & Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM) jointly issued the updated negative lists for year 2019 (the 2019 Negative Lists) that set out the sectors where...more

WilmerHale

China's 2019 Negative Lists

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China’s National Development and Reform Commission (NDRC) and Ministry of Commerce (MOFCOM) as expected published three lists on foreign investment on June 30: a revised negative list applicable to the country as a whole (the...more

Skadden, Arps, Slate, Meagher & Flom LLP

China's Antitrust Regulator Ramps Up Scrutiny, Enforcement of Behavioral Remedies

In March 2018, China’s State Council announced the establishment of a unified market regulator, the State Administration for Market Regulation (SAMR), which now is responsible for all antitrust enforcement in China....more

Mintz Edge

Issues in Chinese Foreign Direct Investment in U.S. Early Stage Biotechnology Companies

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There has been a marked increase in the amount of money being invested by Chinese investors into U.S. early stage biotechnology companies since 2017, spurred on by direct encouragement from Beijing through its Made in China...more

Cooley LLP

Alert: China’s Government Issues New Negative List for Foreign Investment

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On 28 June, 2018, the National Development and Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM) of the People’s Republic of China (PRC) jointly issued the Special Administrative Measures on Access to Foreign...more

Jones Day

China Simplifies "Negative List" in Further Easing of Foreign Investment Restrictions

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The Situation: The Negative List is a list of industries for which foreign investment in China is either prohibited, or subject to greater scrutiny and restrictions. The Development: Chinese authorities have issued a...more

A&O Shearman

An Update of China’s Control over Outbound Investments

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China’s National Development and Reform Commission released the Administration Measures for Outbound Investments of Enterprises on 26 December 2017. This legislation further streamlined the approval/filing process for...more

Jones Day

Update on Chinese Outbound Investment Policies

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China's State Council recently issued a new notice ("New ODI Guidelines") as a follow-up to the overseas investment control policy that it announced in December 2016. The New ODI Guidelines provide further guidance regarding...more

Cooley LLP

Alert: China’s Government Issues Foreign Investment Industry Guidance Catalogue (2017 Version)

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On June 28, 2017, the National Development and Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM) of the People's Republic of China (PRC) jointly issued the Foreign Investment Industry Guidance Catalogue (2017...more

WilmerHale

NDRC’s Briefing Meeting on Increased Openness to Foreign Investment

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The US-China Business Council (USCBC) hosted a meeting on March 13, 2017, with the Foreign Investment Department of the National Development and Reform Commission (NDRC). Deputy Director General LIU Hongkuan (Mr. Liu) and...more

A&O Shearman

China's new restrictions on outbound investments and remittance

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In 2016, the value of RMB depreciated over 6% against the US dollar and China’s foreign exchange reserves dropped sharply. Such depreciation of RMB and the continuous capital outflow at extraordinary levels have caused the...more

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