Hot Topics in International Trade-Foreign Trade Zone (FTZ) Benefits
The newly promulgated measures increase the threshold of data triggering security assessments and contract requirements while leaving room for Chinese authorities to heavily restrict cross-border data transfers. In...more
The much anticipated response to the Consultation initiated by the Cyberspace Administration of China (CAC) last September has finally arrived (read our earlier briefing here). Last Friday, the CAC ended months of speculation...more
On March 22, 2024, the Cyberspace Administration of China (“CAC”) promulgated the final version of the Provisions on the Promotion and Regulation of Cross-Border Data Flows (the “Final Provisions”), bringing to conclusion the...more
The global finance industry has been undergoing a significant shift in recent years, with investment patterns showing a slow but steady pivot towards Low Income, Lower Middle Income, and Upper Middle Income nations, as...more
Last June (2023), in response to a ruling request from Your Special Delivery Services Specialty Logistics (YSDS), Customs and Border Protection (CBP) issued HQ H324098, clarifying what it means to be an “owner or purchaser”...more
On December 27, 2021, the National Development and Reform Commission (“NDRC”) and the Ministry of Commerce jointly issued the Special Administrative Measures (Negative List) for Foreign Investment Access (2021 Edition)...more
Ever since China began opening up to the outside world, the right of foreign-invested enterprises ("FIEs") to make equity investments within the People's Republic of China (which for these purposes refers to Mainland China...more
The Shanghai Municipal Bureau of Justice recently released the Administrative Measures for Business Offices Established by Overseas Arbitration Institutions in Lin-Gang Special Area of China (Shanghai) Pilot Free Trade Zone...more
The content first appeared on Global Arbitration Review. Shanghai is to allow foreign arbitral institutions to register in a free trade zone and administer “foreign-related” arbitrations seated in mainland China. Craig...more
With the ongoing US-China trade tension, what has been easily overlooked is China’s recent liberalization of its legal regime in the areas of foreign investment and foreign investors’ M&A activities in China. This...more
On 6 August 2019, the State Council of the People’s Republic of China (the “PRC”) issued a plan for the New Lingang Area of the Shanghai Pilot Free Trade Zone (the “FTZ Plan”), which seeks to match standards in the New...more
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
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
In less than six months, a new law will take effect in China that will have a major impact on foreign investment. The National Congress of the People’s Republic of China passed the Foreign Investment Law in March, three years...more
China presents some of the world’s most exciting opportunities, and a unique set of cultural, legal and political challenges. It has a distinct legal regime that in many respects cannot be understood by direct reference to...more
The General Office of China's State Council posted on June 16 the Special Measures on the Administration of Entry by Foreign Investment in Pilot Free Trade Zones (Negative List) (2017 edition) (Guobanfa [2017] No. 51, dated...more
The Chinese regulatory regime governing e-commerce has been constantly evolving as domestic and cross-border e-commerce continues its rapid growth. Recently, the regulatory environment has opened up in several ways:...more
Action Item: China reforms its regulatory regime for managing FIEs by replacing existing MOFCOM approval requirements with a filing procedure nationwide. Beginning October 1, 2016, the incorporation of or a major change to an...more
Well, first of all, China IS big. With nearly 1.5 billion people and an economy whose growth has outpaced that of the U.S. more than three-fold since 2011 according to the World Bank, China has been a ‘hot topic’ for years....more
On June 19, 2015, China’s Ministry of Industry and Information Technology (“MIIT”) promulgated a new policy, Opinions on Lifting Restrictions on the Foreign Equity Ratio for Online Data Processing and Transaction Processing...more
Action Item: The Ministry of Industry and Information Technology of the People’s Republic of China has announced that foreign investors may now hold 100 percent of the equity shares in e-commerce companies located in the...more
Further to the early 2014 policy that relaxed the restrictions on the foreign equity ratio in value-added telecommunications business in the Shanghai Free Trade Zone (“Shanghai FTZ”), on January 15, 2015, the Ministry of...more
Following the big change where registration was replaced by filing for establishment applications of companies excluded in the Negative List, China State Council further approves adjustment of the special access management...more
The launch of the China (Shanghai) Pilot Free Trade Zone (FTZ) last September attracted a lot of attention both inside and outside of China. Since then, the lack of progress implementing stated goals for the FTZ as a...more
Amidst high hopes in the foreign investment community for a streamlined framework regulating inbound investment to the PRC, China’s State Council launched the China (Shanghai) Pilot Free Trade Zone (the “SFTZ” or “Zone”) in...more