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China Publishes New Rules on National Security Review of Foreign Investment

The new national security review system will target foreign investment in military sectors and investment that involves obtaining actual control of important agricultural products, natural energy, heavy equipment...more

China’s Ministry of Commerce Publishes “Unreliable Entity List” Provisions

On September 19, 2020 (September 18, 2020 U.S. EDT), China’s Ministry of Commerce (MOFCOM) published the Provisions on the Unreliable Entity List (UEL Provisions), which took effect on the same date. On May 31, 2019,...more

Implementing China’s New Foreign Investment Law, Part Five: Exit Options for Investors of Foreign Invested Enterprises

The fifth and final installment of a series of alerts focusing on practical issues relating to China’s new Foreign Investment Law. Foreign investors seeking to exit from their existing foreign invested enterprises (FIEs)...more

Implementing China’s New Foreign Investment Law, Part Two: Accepting Foreign Loans

The second installment of a series of alerts focusing on practical issues relating to China’s new Foreign Investment Law. The two current models of foreign loans for Foreign Invested Enterprises reflect the Chinese...more

Implementing China’s New Foreign Investment Law, Part Four: Improvements to Rules on Technology Licensing by Foreign Licensors

The fourth installment of a series of alerts focusing on practical issues relating to China’s new Foreign Investment Law. China’s new Foreign Investment Law and its implementation regulations contain explicit provisions...more

Implementing China’s New Foreign Investment Law, Part Three: Changes to Corporate Governance of Sino-Foreign Joint Ventures

The third installment of a series of alerts focusing on practical issues relating to China’s new Foreign Investment Law. There are major differences in the requirements on corporate governance and decision-making...more

Implementing China’s New Foreign Investment Law, Part One: Reporting Requirements

The first installment of a series of alerts focusing on practical issues relating to China’s new Foreign Investment Law. The law institutes new reporting requirements for foreign investors....more

Implementing China’s New Foreign Investment Law

This series of alerts focuses on practical issues relating to China’s new Foreign Investment Law, which came into effect at the beginning of 2020. A single new law now encompasses the three business forms that foreign...more

China Promulgates Its Long-Awaited Civil Code

The PRC issues a 1,260-article, comprehensive Civil Code covering all aspects of civil and business life in China. It becomes effective on January 1, 2021. China has passed its first-ever Civil Code, which will come into...more

China Enacts New Foreign Investment Law

Amid stark slowdown in output growth and trade disputes with U.S., PRC authorities speed up issuance of legislation to encourage investment from abroad. Law affirms equal legal standing of foreign-backed enterprises and...more

China Updates New Industry Catalogue - PRC reduces regulatory procedures for foreign investments following its 2016 reforms

On June 28, 2017, the National Development and Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM) of the People’s Republic of China (China) promulgated the 7th updated version of the Catalogue of Industries for...more

China Simplifies Its Legal Administration of Foreign Direct Investments

In order to implement the State Counsel’s decision issued on September 3, 2016 (State Counsel’s Decision), which simplifies the original substantive review and approval process (Approval System) to a new simple filing system...more

Reforming China’s Legal Administration of Foreign Direct Investments: A Shift from the Substantial Review and Approval System to...

As of October 1, 2016, the current substantial examination and approval process required by the approval authorities (Approval Authorities, i.e., the Ministry of Commerce (MOFCOM) or its local counterparts) for the...more

Implementation of Policy Allowing Complete Foreign Ownership in E-Commerce Operations Nationwide in China

The Ministry of Industry and Information Technology Issues the First Value-Added Telecom Services License to an E-Commerce Wholly Foreign Owned Enterprise. Background - Historically, foreign investors were...more

Liberalization of Policy on E-Commerce from Shanghai Free Trade Zone to All of China: Allows Complete Foreign Ownership in...

On June 19, 2015, China’s Ministry of Industry and Information Technology (“MIIT”) promulgated a new policy, Opinions on Lifting Restrictions on the Foreign Equity Ratio for Online Data Processing and Transaction Processing...more

China’s New Policy for Foreign Investment in E-Commerce - Shanghai Free Trade Zone Opens Door for Complete Foreign Ownership in...

Further to the early 2014 policy that relaxed the restrictions on the foreign equity ratio in value-added telecommunications business in the Shanghai Free Trade Zone (“Shanghai FTZ”), on January 15, 2015, the Ministry of...more

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