Ashwin Kaja

Ashwin Kaja

Ashwin Kaja is an associate in the firm’s Beijing office and is a member of the firm’s International Trade, Public Policy & Government Affairs, and Data Privacy & Cybersecurity practice groups. He has advised multinational companies, governments, and other clients on a range of matters related to international trade, public policy and government affairs, data privacy, foreign investment corporate law, real estate, and the globalization of higher education. Prior to joining the firm, Mr. Kaja was an associate at another major international law firm in Beijing.

Beyond his legal practice, Mr. Kaja is an active member of his community. He has taught at and is involved in building international collaborations between universities around the world and is actively engaged in social entrepreneurship.

Mr. Kaja is originally from New York. He speaks fluent Mandarin and Spanish, and is conversational in Telugu.

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China to Broaden Market Access for Foreign Investors in Financial Services

In the wake of the Chinese Communist Party’s 19th Party Congress, and US President Donald Trump’s visit to China, the Ministry of Finance has announced a high-level roadmap for broadening market access for foreign investors in the financial services industry. This policy development, long under discussion, is part of an effort by the Chinese leadership … Continue Reading

US Launches Investigation into China’s Technology Transfer & IP Practices

United States Trade Representative (“USTR”) Robert E. Lighthizer launched an investigation under Section 301 of the Trade Act of 1974 (“Section 301”) into acts, policies, and practices of the Chinese government as they relate to “technology transfer, intellectual property [IP], and innovation.” The August 18 announcement of the investigation came just days after President Donald … Continue Reading

China’s State Council Releases Draft Revisions to Process for Formulating Administrative Regulations

For years, the foreign business community has called for greater transparency and opportunities to provide more input into China’s legislative and regulatory rule-making processes. In a small step forward, on July 19, the Legislative Affairs Office of the State Council (“SCLAO”) released draft revisions to the Regulations on Procedures for Formulating Administrative Regulations (“Draft Revisions”) … Continue Reading

China’s New Foreign Investment Catalogue Reduces Restrictions, Furthers Nationwide Negative List Approach

An updated version of China’s Catalogue of Industries for Guiding Foreign Investment (“Foreign Investment Catalogue,” or “Catalogue”) went into effect on July 28. The Catalogue has been a key tool used by Chinese policymakers to coordinate foreign investment with the country’s economic development plans and industrial policies. Its categorizations are an important factor in determining the … Continue Reading

State Council Trims Negative List in Free Trade Zones

China has put into effect an updated “negative list” for foreign investment in the country’s pilot free trade zones (“FTZs”). Officially named the Free Trade Zone (FTZ) Foreign Investment Entry Special Administrative Measures (Negative List) (2017 Version), the FTZ negative list is an important document that lists business sectors in which foreign investment is subject … Continue Reading

China Moves Towards a Unified Civil Code

China is embarking on an ambitious effort to develop a new, unified civil code, scheduled for completion by 2020. During this year’s meeting of the National People’s Congress, NPC delegates ratified the General Provisions on the Civil Code (“General Provisions”), China’s first significant step toward establishing a unified legal code on civil affairs in decades. … Continue Reading

China’s 2017 Party Leadership Transition

As the dramatic political shifts in Washington captivate the world, and the US reconsiders its traditional global leadership role, Chinese President Xi Jinping is positioning China to increase its own global role and influence. In a highly touted speech at the World Economic Forum in January, Mr. Xi mounted a rousing defense of economic globalization … Continue Reading

Trump, Xi Kick Off Economic Relationship

On Friday, April 14, the U.S. Department of Treasury published a widely anticipated semi-annual report detailing the foreign exchange practices of America’s major trading partners. Although he regularly called for China to be labeled as a “currency manipulator” as a candidate, President Donald J. Trump and his administration declined to use the occasion of this … Continue Reading

China’s Two Sessions Set the Direction for the Year Ahead

Last Wednesday, the “Two Sessions” (see our introductory article here) officially came to a close as the National People’s Congress (“NPC”) wrapped up its final day (the Chinese People’s Political Consultative Conference (“CPPCC”) concluded last Monday). Over the course of the past three weeks, various actors within the Chinese government have used the annual meeting … Continue Reading

Chinese Premier Li Keqiang Presents Annual Government Work Report at Opening of National People’s Congress

On Sunday, Premier Li Keqiang kicked off this year’s session of the National People’s Congress (which together with the Chinese People’s Political Consultative Conference make up the “Two Sessions”) by delivering the annual government work report, described by some as China’s version of the State of the Union address. The report is noteworthy for what … Continue Reading

China’s Leaders Gather in Beijing for the “Two Sessions”

Friday marked the official start of China’s “Two Sessions,” shorthand for the annual parallel meetings in Beijing of the National People’s Congress (“NPC”) and the Chinese People’s Consultative Conference (“CPPCC”). Beginning on March 3rd and 5th, respectively, the CPPCC and NPC bring over 3,000 government officials, as well as scores of business people and even … Continue Reading

China Implements New Charity Law

In May, we wrote about China’s new Charity Law (official Chinese version available here; unofficial English translation available here) and its establishment of a comprehensive framework for revamping the government’s management of the social sector. For decades, charities, social organizations, and civil society groups have operated in a quasi-legal environment where enforcement has been unpredictable … Continue Reading

China Releases Draft Implementing Regulations for Consumer Rights Protection Law

Against the backdrop of a long string of product safety scandals that have eroded public trust, and a desire to transition China’s economy from an export-driven model to a consumption-driven model, the Chinese government continues to enhance its legal framework for the protection of consumer rights. On August 5, China’s State Administration of Industry and … Continue Reading

China Builds New Framework Governing Civil Society Organizations, Part II: Foreign NGO Law

In Part I of this two-part series published on May 12, we described China’s new Charity Law and its implications for charitable organizations operating in the country, both domestic and foreign. On April 28, the Standing Committee of the National People’s Congress enacted another new law, this one governing foreign non-governmental organizations (“NGOs”) operating in … Continue Reading

China Builds New Framework Governing Civil Society Organizations, Part I: Charity Law

Since the Xi administration’s pledge during the Fourth Plenum of the 18th Central Committee of the Chinese Communist Party in October 2014 to promote the rule of law (or, as the ambiguous language was interpreted by many, “rule by law”), China has issued a number of final and draft laws and regulations of significance to … Continue Reading

China Moves Forward with Negative List for (Domestic and Foreign) Market Access

In recent years, the business community in China has been abuzz with talk of various market access “negative lists” — lists of exceptions to what would otherwise be open market access. China has now introduced a new market access negative list for all forms of investment in the country, both domestic and foreign. Before describing … Continue Reading

China Enacts Broad Counter-Terrorism Law

On December 27, 2015, the Standing Committee of the National People’s Congress (NPC), China’s top legislative body, enacted a Counter-Terrorism Law (see the Chinese version here), which took effect on January 1, 2016. The adoption of this law, a year after the first draft was released for public comment, followed closely the adoption of a … Continue Reading

China Sneezes: Could Africans benefit from a devalued yuan?

When China sneezes, does all of Africa catch a cold? Slower Chinese growth and a recently devalued currency will certainly impact Africa, whose largest trading partner is China. However, the impact of China’s recent currency devaluation will largely depend on country-specific factors. The Chinese government likely devalued its currency in August in part to combat … Continue Reading

China Issues Draft Network Security Law

Close on the heels of a sweeping new National Security Law, the Standing Committee of the National People’s Congress released last month for public comment a very significant draft Network Security Law (“Draft Law”), also referred to as the draft Cybersecurity Law. Since it came into power in 2012, China’s current leadership has attached an … Continue Reading

China’s New National Security Law

The Chinese government made headlines around the world on July 1 when the Standing Committee of the National People’s Congress passed a sweeping new national security law (see official Chinese version here). The scope of the law, China’s most comprehensive piece of national security legislation to date, is broad. It covers issues of political security, … Continue Reading

Chinese Government Issues 2015 Foreign Investment Catalogue — Effective April 10, 2015

The Chinese government makes no secret of the fact that in its view, foreign investment should be consistent with China’s economic development plans and industrial policies. Its ability to administer foreign investment in accordance with industrial policy is aided by the fact that all foreign investment must go through an often rigorous approval process. By … Continue Reading

Chinese Draft Foreign Investment Law–First Post

China has begun the process of revamping its legal regime for foreign investment. On January 19, 2015, the Ministry of Commerce (“MOFCOM”), the ministry charged with regulating foreign investment in China, issued a new draft Foreign Investment Law (the “Draft Law”), representing China’s attempt to unify the governance of foreign and domestic private investment. Comments … Continue Reading

The Road to Paris 2015: Contrasting Media Perspectives on the US-China Accord on Climate Change and Clean Energy

As has been widely reported, on November 12 President Obama and China’s President Xi Jinping released a joint announcement on climate change and clean energy cooperation.  Beyond the announced greenhouse gas emission targets—for the U.S., to reduce emissions 26-28% below 2005 levels by 2025; for China, (i) to peak CO2 emissions by around 2030, with the … Continue Reading
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