When the SEC announced its mandatory climate disclosure rule on March 6, 2024, this regulation was immediately challenged by parties on both ends of the political spectrum. A number of states, fossil fuel companies, and...more
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
Mainland China will see the implementation of a new set of foreign debt financing regulations—the Administrative Measures for the Approval and Registration of Mid-to-Long Term Foreign Debt of Enterprises (《企业中长期外债审核登记管理办法》)...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
The Natural Resources Defense Council (“NRDC”) in a July 20th news release provided a copy of a July 2021 report titled: Benchmarking Air Emissions – Of the 100 Largest Electric Power Producers in the United States...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
In China, foreign investment opportunities are there for the taking – if you’re prepared to seize them By Jun Wei, Urszula Nartowska, and Stephanie Tang China’s chemical industry has been the world’s largest since 2011 – but...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
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
Following the ground-breaking People's Republic of China (PRC) Foreign Investment Law (FIL) which unifies and replaces the main existing rules governing foreign invested enterprises (FIEs) and their activities, namely the...more
CHINESE OUTBOUND INVESTMENTS – THE SELLER’S PERSPECTIVE - 1. CHINESE REGULATION – 1.1 The Chinese Regulations Applicable to Chinese Outbound Investments – Generally, any outbound investment by a Chinese enterprise...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
On 3 January 2019, the State Administration for Market Regulation (SAMR) released a draft of the Regulation on the Prohibition of Monopoly Agreement Conduct (Draft) on its website, inviting comments from interested...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
There has been a marked increase in the amount of money being invested by Chinese investors into U.S. early stage biotechnology companies since 2017, spurred on by direct encouragement from Beijing through its Made in China...more
Today, product manufacturers doing business in China face uncertainty with regard to resale price maintenance (“RPM”). For more than five years, the National Development and Reform Commission (“NDRC”) and Chinese courts have...more