In general, foreign funds are not freely movable into China. There is a long history of exercising comprehensive control over foreign investment since China opened its door in the early 1980s. As the economy continues to...more
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
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
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
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
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
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
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
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
The Foreign Investment Law of China (the FIL), together with its Implementation Rules and related People’s Republic of China (PRC) Supreme People’s Court Interpretation, came into effect on January 1, 2020....more
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
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
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
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
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
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
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
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
The proliferation of merger control regimes around the world – and the resulting need to consider potential notification requirements in multiple jurisdictions – poses an increasing burden for businesses seeking to make...more
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
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
This Jones Day Global Merger Control Update discusses developments in existing merger control regimes over the first half of 2018, as well as the emergence of new merger control regimes worldwide. Over the past few years,...more