On April 27, 2020, twelve Chinese government departments led by the Cyberspace Administration of China (CAC) jointly promulgated the Measures for Cybersecurity Review (the “Measures”) effective June 1, 2020 under the joint...more
The State Administration for Market Regulation (SAMR) and Standardization Administration of China (SAC) jointly published the Information Security Technology – Personal Information Security Specification (GB/T 35273-2020) (PI...more
The outbreak of novel coronavirus (COVID-19) has affected many businesses in China. Since the start of the outbreak in December 2019 through this date, more than 80,000 cases including more than 3,000 deaths have been...more
3/16/2020
/ China ,
Contract Terms ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employee Privacy Rights ,
Employer Responsibilities ,
Force Majeure Clause ,
Infectious Diseases ,
Performance Standards ,
Personal Information ,
Public Health ,
Wage and Hour ,
Workplace Safety
The Standing Committee of China’s National People’s Congress published the Draft Export Control Law (Draft ECL) on December 28, 2019, with comments due by January 26, 2020. The Draft ECL, if enacted in its current form,...more
1/16/2020
/ China ,
Executive Orders ,
Export Controls ,
Exports ,
General Licenses ,
Licensing Rules ,
MOFCOM ,
National Security ,
Pending Legislation ,
Trade Relations ,
Trade Wars ,
U.S. Commerce Department
China’s competition regulator, the State Administration for Market Regulation (SAMR), on January 2, 2020 published the Draft Amendments to the Anti-Monopoly Law for comment (Draft Amendments) with comments due by January...more
The Chinese Government on October 14, 2019 released an advance copy of the Draft Regulations on the Implementation of the Foreign Investment Law for comment (Draft Implementing Regulations) to several foreign chambers of...more
The Standing Committee of the National People’s Congress published the Personal Rights of the Civil Code (draft for third reading) on August 27 for public comment. Chapter Six (Articles 811-817) is dedicated to Privacy Rights...more
China’s Ministry of Commerce (MOFCOM) announced on May 31, 2019 that China will introduce an “Unreliable Entity List” regime under which foreign entities or individuals which boycott or cut off supplies to Chinese companies...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
In a ruling issued on December 18, 2018 but not published until June 24, 2019, China’s Supreme People’s Court (SPC) ruled in favor of the Hainan Provincial Price Bureau in an administrative proceeding regarding a vertical...more
7/5/2019
/ Anticompetitive Behavior ,
Antitrust Provisions ,
China ,
Competition ,
Enforcement Actions ,
Monopolization ,
Resale Price Maintenance (RPM) ,
Rule-of-Reason Analysis ,
SCOTUS ,
State Administration for Market Regulation (SAMR) ,
Supreme People's Court of China ,
Vertical Agreement
The Cyberspace Administration of China (CAC) on June 13 published the draft Measures on Security Assessment of Personal Information (PI) Cross-Border Transfers (draft “Measures”) for comments due by July 13, apparently...more
Last August, China established the Shanghai Financial Court (the “court”) as an initiative of the Central Comprehensively Deepening Reforms Commission, formerly known as the Central Leading Group for Comprehensively Deepening...more
The Chinese government has recently issued a flurry of regulations and standards, several in draft form for public comment, to implement the Cybersecurity Law. These mostly reflect a lengthy policy development process...more
6/4/2019
/ China ,
Cloud Computing ,
Comment Period ,
Controlled Foreign Corporations ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Financial Services Industry ,
Healthcare ,
Information Technology ,
New Regulations ,
Popular ,
Proposed Regulation
Recent reports indicate that, pending regulatory approval, the Dalian Commodity Exchange in China will open trading to foreign participants in futures contracts on soybeans, soymeal, soy oil and palm oil. This is the latest...more
On May 13, the Office of the US Trade Representative (USTR) released another list of Chinese products that may become subject to an additional duty of up to 25% ad valorem, pursuant to Section 301 of the Trade Act of 1974....more
5/15/2019
/ Ad Valorem Tax ,
China ,
Exclusions ,
Exports ,
Imports ,
Notice and Comment ,
Popular ,
Retaliatory Tariffs ,
Section 301 ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
China has accelerated its foreign investment legislative process, in part as a goodwill gesture before resuming face-to-face trade talks with its U.S. counterparts. The National People’s Congress released the Draft PRC...more
On September 17, President Trump announced the imposition of a 10% ad valorem duty on approximately $200 billion worth of Chinese imports, pursuant to Section 301 of the Trade Act of 1974. The Office of the U.S. Trade...more
On July 10, the Office of the United States Trade Representative (USTR) released a list of Chinese products that may become subject to an additional duty of 10% ad valorem, pursuant to Section 301 of the Trade Act of 1974....more
On June 15, both the Office of the United States Trade Representative (USTR) and the Chinese Ministry of Finance announced that products imported under certain tariff lines from China and from the United States, respectively,...more
China has issued a new regulation which imposes potentially severe restrictions on the export of scientific data while at the same time calling for wider access to such data within the country.
The General Office of the...more
The Measures on the Transfer of Intellectual Property Rights to Foreign Parties (Pilot) (“Measures,” click here for the Chinese-language text) (dated March 18 and published March 29, 2018, with immediate effect) tighten...more
On April 3, the Office of the United States Trade Representative (USTR) released a list of proposed products that may be subjected to additional tariffs of 25 percent ad valorem, in accordance with President Trump's March 22...more
Attention during China's annual lianghui (conferences of the advisory Chinese People's Political Consultative Conference followed by the largely rubber stamp legislative National People's Congress) focused on adoption of the...more
When China enacted its Anti-Monopoly Law (AML) in 2007, some called it “China's Economic Constitution,” anticipating that it would serve as the statutory basis for fundamental market-based reform of China's economy.
While...more
China's three Anti-Monopoly Law enforcement agencies—the National Development and Reform Commission, the Ministry of Commerce and the State Administration for Industry and Commerce—together with the Ministry of Finance and...more