News & Analysis as of

Ministry of Commerce Foreign Investment National Development and Reform Commission

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

BCLP

PRC Legal Update: New Rules on National Security Review of Foreign Investment in China

BCLP on

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

K&L Gates LLP on

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

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

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

White & Case LLP on

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

WilmerHale on

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

Cooley LLP

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

Cooley LLP on

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

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)

Cooley LLP on

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

A&O Shearman

China's new restrictions on outbound investments and remittance

A&O Shearman on

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

Morrison & Foerster LLP

China’s NDRC Tables Further Streamlined Outbound Investment Rules

Overseas investment from China has experienced rapid growth each year in the last several years, with the Ministry of Commerce (“MOFCOM”) reporting USD735.1 billion in new investment having been deployed overseas by Chinese...more

Miller Canfield

New Rules on Overseas Investment by Chinese Companies

Miller Canfield on

Chinese companies may be able invest up to US $1 billion overseas without approval of the Chinese government unless the investment is in a sensitive country or industry under new rules passed by China’s State Council in...more

Dechert LLP

Outbound Investments from China – the Chinese Domestic Requirements

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Chinese investments abroad have increased significantly in the past decade. Chinese enterprises (both private enterprises and state-owned enterprises, or SOEs) are heeding the Chinese government’s “venture out” (or zouchuqu)...more

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