As the People’s Republic of China (PRC) has emerged as a major economic power and competitor, the U.S. has leaned heavily on and enhanced its foreign direct investment regime over recent years to protect its national security...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
On December 19, 2020, China’s National Development and Reform Commission (“NDRC”) and Ministry of Commerce (“MOFCOM”) jointly issued the Measures on National Security Review of Foreign Investments (“Review Measures”). ...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
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
On December 19, 2020, China published the Rules on Foreign Investment Security Review (in Chinese, 外商投资安全审查办法) (“Security Review Rules”). Security Review Rules lay out the grounds by which foreign investments in China are...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 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