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
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Timothy P. Stratford
Tim Stratford is senior counsel and a member of the firm’s International Trade, Corporate, and Public Policy Practice Groups. He is also serving as Chairman Emeritus of the American Chamber of Commerce in the People’s Republic of China. Tim’s practice is focused on advising international clients doing business in China and assisting Chinese companies seeking to expand their businesses globally. Except for the five years he spent in Washington, DC as Assistant U.S. Trade Representative (2005-2010), Tim lived and worked continuously in the greater China region from 1982-2023, including for twelve years as managing partner of the firm’s Beijing office.
As Assistant USTR, Tim was responsible for developing and implementing U.S. trade policy toward mainland China, Taiwan, Hong Kong, Macao and Mongolia. He worked closely with other senior U.S. and Chinese officials from numerous government departments and agencies to address problems encountered by companies engaged in bilateral trade and investment and co-chaired a number of important bilateral working groups and dialogues established under the U.S.-China Joint Commission on Commerce and Trade and the U.S.-China Strategic & Economic Dialogue.
Prior to serving at USTR, Tim was General Counsel for General Motors’ China operations, where he was a member of GM’s senior management team in China and oversaw the company’s legal and trade policy work. Tim also served previously as Minister-Counselor for Commercial Affairs at the U.S. Embassy in Beijing and as three times as Chairman of the American Chamber of Commerce in China. He is a graduate of Harvard Law School and Brigham Young University, and is fluent in Mandarin and Cantonese.
Evaluating Foreign Investment Restraints in China
As we have written previously, China is engaging in simultaneous bilateral investment treaty (BIT) negotiations with the United States and the European Union. Indications are that the Chinese government is taking these negotiations very seriously. This presents the most significant opportunity for foreign investors in China to influence market …
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Foreign-owned hospitals in China
After the news this past July that German hospital operator Artemed had signed a framework agreement to establish the first wholly foreign-owned hospital in the Shanghai Pilot Free Trade Zone (“Shanghai FTZ”), foreign investors anxious for an opening into China’s tightly regulated healthcare sector may now have even more reason …
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Recent Developments in China: S&ED, Shanghai FTZ and BIT Negotiations
The United States and China recently concluded two days of high-level talks as part of the sixth U.S.-China Strategic and Economic Dialogue (“S&ED” or the “Dialogue”), which took place in Beijing from July 9-10. The most concrete outcome of this year’s S&ED is the commitment by both sides to reach…
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Progress Towards a US-China Investment Treaty
Promising advances have been during the past year in negotiation of a bilateral investment treaty (BIT) between the US and China. Key objectives of the BIT are to accord certain protections to investors and also to ensure that each party will accord to investors and investments of the other party…
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