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National Security Extraterritoriality Rules

White & Case LLP

The Law on Foreign Relations of the People’s Republic of China became effective on 1 July 2023

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The Law on Foreign Relations of the PRC (中华人民共和国对外关系法) (the "Foreign Relations Law") became effective on 1 July 2023. In summary, the Foreign Relations Law provides, for the first time, a comprehensive framework for China's...more

Dechert LLP

Proposed Outbound Investment Review Legislation Has Sweeping Extraterritorial Scope

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Key Takeaways - The U.S. Congress (“Congress”) is considering the establishment of a new Committee on National Critical Capabilities (“CNCC”) to review and potentially mitigate or block outbound investments from the United...more

WilmerHale

China Publishes Draft Regulations on the Administration of Network Data Security

WilmerHale on

The Cyberspace Administration of China (“CAC”) on November 14, 2021 published the draft Regulations on the Administration of Network Data Security (“Draft Regulations”) for comment through December 13, 2021.1 The Draft...more

WilmerHale

China Promulgates Data Security Law

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The Standing Committee of China's National People’s Congress (NPC) on June 10 enacted the Data Security Law (DSL) which will come into effect on September 1. The NPC reviewed two earlier drafts of the DSL in July 2020 and...more

White & Case LLP

China Establishes New Mechanism to Counteract "Unjustified" Extraterritorial Application of Foreign Measures

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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

Pillsbury Winthrop Shaw Pittman LLP

China Publishes Blocking Statute to Counteract Unjustified Extraterritorial Application of Foreign Legislation and Sanctions

The Blocking Statute provides the legal basis for refusing to recognize, implement, and comply with unjustified extraterritorial application of foreign legislations and sanctions that prohibit or restrict normal economic,...more

Jones Day

China Releases Rules to Address Extra-Territorial Applications of Foreign Laws

Jones Day on

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

Orrick, Herrington & Sutcliffe LLP

ZTE Trade Controls Denial Order – Four Crucial Points

On April 15, 2018, the U.S. Commerce Department's Bureau of Industry and Security ("BIS") imposed a "denial order" against Zhongxing Telecommunications Equipment Corporation ("ZTE Corporation") and ZTE Kangxun...more

Foley & Lardner LLP

Know the Risks: Domestic and International Compliance

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An open question coming into 2017 was whether the aggressive enforcement posture that had characterized the Obama and Bush administrations would continue under the Trump administration. Any questions were answered with the...more

Patterson Belknap Webb & Tyler LLP

Sharply Divided Circuit Denies Government’s En Banc Petition In Microsoft Appeal

In July 2016, the Second Circuit ruled that the Government could not employ a domestic search warrant, issued pursuant to the Stored Communications Act, 18 U.S.C. § 2703 (the “SCA”), to compel disclosure of an email account...more

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