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

Ashwin Kaja
Ashwin Kaja is special counsel in the firm’s Beijing office and is a member of the firm’s International Trade, Public Policy, Data Privacy & Cybersecurity, and Anti-Corruption 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, anti-corruption compliance and investigations, corporate law, real estate, and the globalization of higher education. He also serves as the China and India editor for Covington’s GlobalPolicyWatch.com. Mr. Kaja is also a certified information privacy professional (CIPP/US). Prior to joining the firm, Mr. Kaja was an associate at another major international law firm in Beijing.
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”)…
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…
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…
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…
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…
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…
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…
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…
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…