JD Supra China

Publisher

Law Firm

Latest documents

• China Finalises Exemptions to Cross-Border Data Transfer Rules and Eases Restrictions

  On 22 March 2024, the CAC published the final version of the Provisions on Promoting and Regulating Cross-Border Data Flows which took effect immediately and follows the draft published for consultation in September 2023. On the same day, the CAC also held a press conference (FAQ) on the Provisions and published the second edition of the Security Assessment Filing Guidelines and Filing Guidelines for the SCCs.

• Asia IP & TMT: Quarterly Review - First Quarter 2024

  The rapid development of artificial intelligence (“AI”), together with the increased number of commercial use cases made possible by generative AI (“Gen AI”), have brought about a wave of new opportunities for businesses as well as new legal challenges, particularly as governments have struggled to apply pre-existing legal frameworks to these new technological developments.

• China Releases Carbon Allowance Trading Regulations

  The regulations aim to provide a legal framework for China’s carbon allowance trading market by strengthening requirements and designating responsibilities. On January 25, 2024, Chinese Premier Li Qiang signed a decree of the State Council, introducing the Regulations on the Administration of Carbon Allowance Trading (the Regulations). Effective from May 1, 2024, the Regulations provide a legal framework for the operation of China’s emissions trading scheme (ETS), which initially commenced operations in July 2021 under ministry-level management rules without a higher-level legal foundation. The Regulations fill in the regulatory vacuum that has existed since 2021.

• China and Hong Kong Publish Standard Contract for Transferring Personal Information Within GBA Area

  China’s CAC and Hong Kong’s ITIB jointly released GBA SCCs, which may be adopted to transfer personal information between entities within the GBA. On December 13, 2023, the People’s Republic of China’s (PRC’s) Cyberspace Administration of China (CAC) and Hong Kong’s Innovation, Technology and Industry Bureau of Hong Kong (ITIB) jointly formulated and released the Standard Contract for the Cross-boundary Flow of Personal Information within the GBA (GBA SCCs) and its Implementation Guidelines (Implementation Guidelines), both of which became effective immediately.

• China Adopts New Merger Control Filing Thresholds

  On January 26, 2024, the State Council of China adopted new merger filing thresholds by promulgating the amended Provisions of the State Council on Thresholds for Prior Notification of Concentration of Undertakings (the Amended Thresholds). The Amended Thresholds took effect upon release and mark the first major revision to the State Administration for Market Regulation's (SAMR’s) notification thresholds since 2008.

• Global Legal Insights: Bribery & Corruption 2024 - China

  China’s anti-corruption laws have been stringent for many years. On 1 January 1980, the Criminal Law of the People’s Republic of China (the “PRC Criminal Law”) containing the criminal offences of bribery and corruption came into effect, and later underwent a significant shift in 1997 with enhanced provisions on bribery and corruption offences. Further amendments to the PRC Criminal Law were enacted in 2015 and 2020 to update bribery and corruption provisions, respectively. Originally published by Global Legal Insights - January 2024.

• Establishing a Business Entity in China (Updated)

  In general, foreign funds are not freely movable into China. There is a long history of exercising comprehensive control over foreign investment since China opened its door in the early 1980s. As the economy continues to grow, China has been gradually loosening the substantive and procedural requirements on foreign investments and carefully testing the water for national treatment for foreign investors in the past decade. On January 1, 2020, the Foreign Investment Law came into force, which marked a new height of the Chinese government’s supportive attitude towards foreign investment. It abolished the pre-approval scheme for foreign investments in existence for over forty years and officially effected a regime of “national treatment plus negative list” for foreign investment.

• Hong Kong and PRC Restructuring & Special Situations 2023 year in review - Key insolvency decisions in Hong Kong and the People’s Republic of China

  The past twelve months have been a time of continuing significant developments in courtled corporate rescues in Hong Kong, all within the flexible confines of the common law and in the continued absence of a statutory corporate rescue regime. The year saw mixed messages for holders of offshore bonds issued by Chinese issuers hoping to enforce on the mainland, good news for lenders benefitting from “hybrid” jurisdiction clauses and a degree of uncertainty being seen in the Hong Kong Court of First Instance as to whether an agreement to arbitrate should always take precedence over a winding up petition, particularly where cross-claims are involved.

• PRC’s New Foreign State Law Marks Shift From Absolute to Restrictive State Immunity

  Foreign states are no longer immune from suit or execution in the PRC (including Hong Kong and Macau) in respect of their commercial activities. The Standing Committee of the National People’s Congress (NPCSC) has passed the Foreign State Immunity Law (FSIL), which is intended to “develop the foreign state immunity legal regime of the PRC and provide legal basis for the PRC courts to hear civil cases involving foreign states and their assets,” according to the Ministry of Foreign Affairs of the PRC. Please see full Alert below for more information.

• China Amends Foreign-Related Civil Procedure Rules

  On September 1, 2023, the Standing Committee of the National People’s Congress (NPCSC) of the PRC adopted the amendments to the Civil Procedure Law of the People’s Republic of China (the Amended CPL). The amendments particularly focus on the section of foreign-related civil procedure, with amendments to seven existing articles and additions of 11 new articles. The newly adopted changes cover the PRC courts’ jurisdiction over foreign-related cases, parallel proceedings, service on foreign parties, overseas evidence collection, and recognition and enforcement of foreign judgments and arbitral awards. Please see full Alert below for more information.

Featured documents

• Intellectual Property Protection by Chinese Courts in 2009

  Full text copy of white paper issued in April, 2010, by China's Supreme People's Court on intellectual property protection by Chinese courts. The white paper also includes an introduction to IP protection in China over the last thirty years. Doc in English and Chinese....

• Long-Awaited Breakthroughs for Foreign-Invested Private Equity Enterprises in Shanghai Finally Initiated

  McDermott Will & Emery has a strategic alliance with MWE China Law Offices, a separate law firm based in Shanghai. This China Law Alert was authored by MWE China Law Offices lawyers Jacqueline Cai and Delphi Bao. Certain legal breakthroughs in foreign-invested private equity enterprises have...

• SAFE Circular 19 Provides New Operating Instructions on Foreign Exchange Administration for Round-Trip Investment in China

  On May 20, China’s State Administration of Foreign Exchange (SAFE) issued the “Operating Instructions on Foreign Exchange Administration for Domestic Residents Engaging in Financing and Round-tripping Investment via Overseas Special Purpose Vehicles” (Circular 19), which came into effect on July 1. ...

• China Implements New Laws in Foreign-Related Products Liability Cases

  In 2010, the People’s Republic of China (“PRC”) enacted two laws that together will substantially affect all civil litigation in China – and, in particular, product liability litigation regarding foreign entities. The Law of the Application of Law for Foreign-Related Civil Relations of the PRC (“the...

• China’s New Foreign Investment Catalogue Comes into Effect

  Today marks the coming into effect of the newly amended Catalogue for Guidance of Foreign Investment in Industry (the “Foreign Investment Catalogue” or “Catalogue”), issued December 24, 2011 by the National Development and Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM). This...

• Six Ministries and Commissions to Join Force to Administer the Renminbi Settlement of Export Trade

  On February 23, 2012, the People’s Bank of China, Ministry of Finance, MOFCOM, State Administration of Taxation, General Administration of Customs and China Banking Regulatory Commission jointly issued the Notice on the Administration of Company Settling Export Trade in Renminbi (YinFa [2012] No....

• Draft Proposal to State Secrets Law

  Last week, the Legal Affairs Office of the State Council issued for public comment a draft proposal (“Proposal”) to the implementation guidelines of the Law of the People's Republic of China on Guarding State Secrets (“State Secrets Law”)....

• China's Proposed Amendment to the Patent Law: A Significant Increase to the Value of Patent Rights in China?

  Earlier this month, the State Intellectual Property Office (“SIPO”) of the People’s Republic of China released a proposed amendment to the Chinese Patent Law and is now accepting comments. The proposed amendment will be the fourth amendment to the Chinese Patent Law since its initial adoption in...

• Social Risk Assessment: China Raises Its Game

  Until recently, it was not uncommon for Chinese companies to be invoked as bogeymen in certain circles. The narrative went something like this......

• Chinese Government Decision May Help Brands Protect Themselves

  Anyone trying to stop Chinese counterfeiters learns almost immediately that most of the information that would ordinarily identify China-based owners of a URL or website is false. That makes it costly or impossible to identify a target for action, and that permits vast numbers of counterfeiters to ...