Archives: China

Subscribe to China RSS Feed

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

China Revises Proposals on Regulation of Commercial Encryption

In the past three weeks, China’s State Council and the State Cryptography Administration (“SCA”) issued two documents that reveal a major change in the regulatory regime governing commercial encryption products in China, potentially paving the way for the draft Encryption Law to establish a uniformed encryption regime. This development and its practical implications will be … 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 Seeks Public Comments on Draft Regulation on the Protection of Critical Information Infrastructure

On July 11, 2017, the Cyberspace Administration of China (CAC) released the draft Regulation for the Protection of the Critical Information Infrastructure (“Draft Regulation”) for public comment (official Chinese version available here). The comment period ends on August 10, 2017. Aiming to add greater clarification to the Cybersecurity Law, which took effect on June 1, … Continue Reading

U.S.-China Relations: Good Start but Difficult Challenges Ahead

At the U.S.-China Summit in Mar-a-Lago in April, President Trump and President Xi agreed to set up a new four-track dialogue mechanism to replace the previous Strategic and Economic Dialogue established between China and the United States under the Obama Administration. This mechanism allows the two governments to conduct more specialized and higher-level discussions along … Continue Reading

China Releases Draft National Intelligence Law for Public Comment

On May 16, 2017, the Legislative Affairs Commission of the National People’s Congress (NPC) Standing Committee of China released for public comment a draft of the National Intelligence Law (“the Draft Law”). The Draft Law, if enacted as drafted, would be the first Chinese statute to systematically address national intelligence related issues, including institutional structures, … 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

Tensions Heighten on the Korean Peninsula

Following President Trump’s call to China’s President Xi Jinping on February 9, it appeared that U.S.-China tensions, particularly over U.S. policy vis-à-vis Taiwan, had abated for the time being. Trump reaffirmed the U.S. “One China Policy” during the call, and Beijing celebrated that they were able to get Trump back on track on this issue … 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 Names Latest “Strategic Emerging Industries”

China’s next wave of growth and investment will be driven by information technology, high-end equipment manufacturing, and biotechnology. These are among the nine sectors featured in the latest  Strategic Emerging Industries (SEI) Key Products and Services Catalogue, released last month by China’s top economic policymaking body—the National Development and Reform Commission, or NDRC (full text … 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

“Cybersecurity Review” Takes Shape in China

When China’s Cybersecurity Law was enacted last November, one question (among many) that surfaced was how the government would implement the “national security review” that the law requires for certain network products and services.  The law, which takes effect this June, provides that any network products and services that might affect national security procured by … Continue Reading

Global Policy Watch: Tensions Building Up in Cross-Strait and U.S.-China Relations

Cross-Strait Relations In her year-end press conference on December 31, 2016, Taiwan President Tsai Ing-wen focused on her administration’s domestic policy agenda but also noted Beijing’s increasing pressure on Taiwan since she took office on May 20. Beijing has cut off high-level communications between the two sides (while maintaining ties with the former KMT party), … 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
LexBlog