China's Ministry of Commerce (MOFCOM) and General Administration of Customs on April 4, 2025, issued Announcement 18, which imposes export controls on specific medium and heavy rare earth materials. China cites a desire to...more
On September 30, 2024, China’s State Council issued the Regulations on the Export Control of Dual-use Items (the “Regulations”), which will take effect on December 1, 2024. This marks the first time the Chinese government has...more
The new export control regulations consolidate existing dual-use items export control regulations and aim to regulate the export of goods, technologies and services that can be used for both civilian and military purposes. ...more
1. U.S. Emerging Tech Companies Can’t Work With These Chinese Entities On November 26, the Commerce Department’s Bureau of Industry and Security added 27 foreign organizations and individuals, including eight technology...more
Welcome to Morrison & Foerster’s quarterly newsletter on dispute resolution. In this newsletter, we address recent developments in arbitrations, investigations, and commercial and intellectual property litigation that may...more
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
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
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
On September 19, 2020, China took a new strategic position in its ongoing trade confrontation with the United States. The Ministry of Commerce of the PRC (“MOFCOM”) issued Regulations on Unreliable Entity List (“UEL”) and...more
On September 19, 2020, China’s Ministry of Commerce (MOFCOM) promulgated the Provisions on the Unreliable Entities List (the Provisions). MOFCOM had announced its intention to establish the Unreliable Entities List regime in...more
China's Ministry of Commerce (MOFCOM) and the Ministry of Science and Technology (MOST) published Notification No. 38/2020 dated August 28, 2020 announcing a new version of the Catalogue of Technologies Prohibited or...more
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
Two years on since the first draft, the final act of the legislative passage saga of the long-awaited People's Republic of China Encryption Law ended with its promulgation on 26 October 2019. It will take effect on 1 January...more
On May 13, 2019, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) announced that it will offer a tariff exclusion process for importers in China that face serious economic or social consequences due to...more
China has introduced a plan to restructure some of its key governmental institutions, including the operations of its three antitrust enforcement agencies. The new scheme, announced in March 2018, for the first time...more
Immediately after the United States Trade Representative (USTR) proposed an additional duty of 25% on over 1300 categories of products from China, China’s Ministry of Commerce (MOFCOM) responded with its own proposed list of...more
In 2017, China updated its new chemical registration program and toxic chemical import and export control program and introduced a new chemical program – chemical substances subject to prioritized control. This alert provides...more
Export control appears to be an overlooked area in China for years. Up until now in China, more focus was placed on the import side of international trade, which provides around one-third of the total revenue for the Chinese...more
Last week, the Second Circuit affirmed that U.S. courts should, and indeed must, defer to a foreign government’s interpretation of its own laws. That should hardly be a controversial proposition, but up until now, lower...more
On September 20, 2016, the U.S. Court of Appeals for the Second Circuit issued its decision in a closely watched dispute over the question of whether foreign companies may be held liable under U.S. antitrust law for price...more
I have been in China for two weeks working on the Solar Cells and Steel Sinks cases. This is an abbreviated February newsletter, which will cover trade and trade policy, including the new trade cases filed in the United...more
On January 11thth, I put up my last post stating that because of its length, I have broken up the post into two parts. This February post includes a Trade, Customs and IP update with longer sections on Antitrust and...more
On Aug. 29, 2013, the Ministry of Commerce (the "MOFCOM"), in collaboration with eight other ministries and departments, released an "Opinion on Implementing Relevant Policies for Supporting Trans-boundary E-commerce Retail...more
On December 3, 2013, former Congressman Don Bonker of APCO and I will be speaking in Vancouver, Canada at a breakfast conference held by the American Chamber of Commerce on “The Trans-Pacific Partnership Demystified: A...more