Orrick, Herrington & Sutcliffe LLP (JD Supra China)

On October 21, 2020, a draft of China’s Personal Information Protection Law (the “Draft PIPL”) was released for public comment on the website of China’s National People’s Congress – the national legislature. The comment period ended on November 19, 2020.

In response to a U.S. government consensus that trade with China involves grave national security risks, the Trump Administration promulgated a broad series of China-directed export controls, economic sanctions and import rules. The flow of trade measures became a torrent in the Trump Administration’s final months.

In response to U.S. President Trump’s June 4 Memorandum calling for “firm, orderly action to end the Chinese practice of flouting American transparency requirements without negatively affecting American investors and financial markets”, the President’s Working Group on Financial Markets (PWG) on August 6, 2020, released a report (“Report”) making five recommendations.

On April 26, 2020, the Standing Committee of the National People's Congress, China’s top legislature, passed the second draft of the country’s Biosecurity Law (“Draft Biosecurity Law”). Once promulgated, this will become the first unified legal framework for biological safety in China and, significantly, is also deemed “part of the national security.” 

In today’s evolving global investment climate, it is no secret that Chinese companies are increasingly seeking investment opportunities in Europe. At the same time, however, the European regulatory landscape is rapidly changing on many different levels.

In the first half of 2018, Chinese outbound foreign direct investment (OFDI) concentrated toward Europe. The value of newly announced Chinese M&A in Europe was nine times that of North America ($22 billion versus $2.5 billion), while the value of completed Chinese investments was $12 billion...

Shelley Zhang, an Intellectual Property partner in our Beijing office, and David Goldstein, an Antitrust & Competition partner in our San Francisco office, co-authored an article for Law360 that looks at how new rules designed to promote the implementation of China’s Fair Competition Review System should help clarify the review mechanisms and procedures, refine the review criteria, provide more...

China presents some of the world’s most exciting opportunities, and a unique set of cultural, legal and political challenges. It has a distinct legal regime that in many respects cannot be understood by direct reference to Western standards. Chinese legislation is typically drafted in broad terms that give civil servants and judges wide discretionary authority to interpret the rules in line with...

One year has passed since China’s State Council issued, on June 1, 2016, its "Opinions of the State Council on Establishing a Fair Competition Review System During the Development of Market-Oriented Review System."[1] The opinions contemplate the creation of fair competition review systems (“FCRS”) aimed at restraining the government from participating in conduct that results in local...

In early 2005, a subsidiary of listed Hong Kong and China Gas Company Limited (0003.HK) bought a controlling stake in a Chinese joint venture company. Initial payments were made, but then the audited financial statements apparently failed to show the asset value of the joint venture company as warranted, or that the relevant associated companies were free from encumbrances. Originally...

On March 7, U.S. authorities settled criminal and civil proceedings involving Zhongxing Telecommunications Equipment Corporation and certain of its affiliates ("ZTE"). ZTE is the largest publicly traded telecommunications manufacturer in China and the fourth largest telecommunications manufacturer in the world.

Effective 1 October 2016, China replaced its approval regime for foreign investments with a filing regime, except where such investments fall within the Negative List. Approval vs. Filing - Since China first promulgated its joint venture laws in the late 1970s and the 1980s, any establishment of sino-foreign equity joint ventures (EJVs) or cooperative joint ventures (CJVs), wholly...

On December 27, 2015, the Standing Committee of the National People's Congress, China's national legislative body, passed the Counter-Terrorism Law of China, which entered into force on January 1, 2016. Although the law's precise breadth and scope are yet to be determined, the law has important implications for companies deploying encryption technology as part of their cybersecurity programs.

China is taking notice of the growing focus on data privacy and protection issues by taking two significant steps toward clarifying the country’s approach to protecting personal information. Most recently, China issued the “Information Technology Security — Guideline for Personal Information Protection Within Information Systems for Public and Commercial Services” (the “Guideline”). Issued on Feb.

In This Issue: - The Decision of the Standing Committee of the National People's Congress on Revising the Labor Contract Law of the People's Republic of China Released - MOFCOM Solicits for Public Comments on the Interim Measures for Recognition of Re-investment Made by Taiwan Investors via a Third Place (Draft for Comments) Securities Investment Fund Law of the People's Republic...

In This Issue: SAFE Issues Notice of State Administration of Foreign Exchange on Further Improving and Adjusting Foreign Exchange Policies Related to Direct Investment; SAFE Makes Revisions to Provisions on Foreign Exchange Administration Concerning Investment in Securities in China by Qualified Foreign Institutional Investors; The Measures for Enjoyment of Relevant Treatment by Foreigners...

China’s National Development and Reform Commission (NDRC) has fined six liquid crystal display (LCD) manufacturers a total of RMB 353 million (USD 56 million) for their participation in a cartel to fix the price of LCD panels on the Chinese mainland between 2001 and 2006. These are by far the highest penalties ever imposed by the NDRC, though they are much less severe than those imposed by the...

In This Issue: - The Interim Provisions of the Ministry of Commerce for the Equity Contribution of Foreign Invested Companies Released - Decision of the State Council on Revising the "Regulations for the Administration of Futures Trading" Released - China Securities Regulatory Commission Issues Rules for Subsidiaries of Securities Investment Fund Management Companies - CIRC...

In This Issue: - China Finalized the Amendments to the Rules for Establishing Foreign Invested Securities Companies - Notice of the Ministry of Culture on Implementing Supplementary Provisions IX to CEPA - Draft Measures for the Administration of Registration of Social Insurance - CSRC Opens Doors to Unlisted Public Companies - MOFCOM Issues Draft Implementation Rules on...

In This Issue: - 12th Five Year Plan for Financial Industry Development and Reform - 12th Five Year Plan for the Development of Cloud Computing in China - MOFCOM Establishes Administrative Office for Commercial Franchises - CSRC to Amend the Rules for Establishing Foreign Invested Securities Companies - SFDA to Carry out On-spot Inspection on Overseas Drug Manufacturers

In This Issue: - China’s 12th Five Year Plan for Strategic Emerging Industries - 12th Five Year Plan for Foreign Capital Utilization and Overseas Investment - NDRC Issues Draft Measures for Approval of Foreign Invested Projects - NDRC Issues Draft Measures for Approval of Overseas Investment Projects - Notice on Investing Insurance Capital in Equities and Real Estate

China’s Supreme People’s Court recently provided guidance on procedural issues and important aspects of China’s Antimonopoly Law (AML) that will affect private enforcement of the law. The Supreme People’s Court Provisions on Several Issues concerning the Application of the Law in Trials of Civil Dispute Cases Arising from Monopolistic Acts (the SPC Provisions), which came into force on June 1, 201

In This Issue: - China Adopts New “Immigration Law” - SPC Issues Draft Interpretations on the Trial of Cases Involving Labor Disputes - China to Amend the Labor Contract Law - People’s Bank of China Clarifies the Operation Details of RMB Settlement for Foreign Direct Investment - Mainland and Hong Kong Sign CEPA Supplementary Provisions IX - SAFE Spreads the...

In This Issue: - China to Amend the Internet Information Service Measures - Interpretation of Laws Applicable to Disputes Involving Sale and Purchase Contracts - MOFCOM Conditionally Approves Google’s Purchase of Motorola Mobility - MOFCOM Revises the Declaration Form for Anti-Monopoly Review on Concentration of Business Operators - SAFE Simplifies Foreign Exchange...

In This Issue: - MOFCOM Improves the Filing Administration of Foreign Invested Venture Capital Enterprises - Supplementary Provisions to the Measures Governing Foreign Invested Commercial Enterprises - Provisions on the Trial of Monopolization Related Civil Disputes Cases - Localization Plan for International Accounting Firms in China - NDRC Governing the Issuance of RMB...

In This Issue: - Measures to Supervise Overseas Investments of Central Enterprises - Provisions Governing Overseas Manufacturers of Imported Food - China to Amend Measures for Foreign Invested Medical Institutions - Hong Kong and Macao Investors May Establish Wholly-owned Hospitals throughout Mainland - Shanghai's "12th Five-year Plan" for Absorption of Foreign Capital...

In This Issue: 2012 Annual Inspection for Foreign Invested Enterprises Kicks Off; China Amends the Measures for Disclosure of Franchise Information; China Clarifies Import Duty Treatment for Foreign Invested Projects; CIRC Delegates Approval Authority on Foreign Invested Insurance Companies; CIETAC Adopts New Arbitration Rules; China Regulates the Import and Broadcasting of Foreign Film and...

In This Issue MOFCOM Issues Measures on Investigation and Handling of Failure on Declaration of Business Operators' Concentration Implementing Regulations for the PRC Bid Invitation and Submission Law Tax Authorities and SAIC Strengthen Cooperation on Monitoring Equity Transfers China Issues Notice to Clarify Issues Relating to Participation in Social Insurance by Foreigners...

The Chinese government is aggressively encouraging domestic and foreign invested companies to develop, co-develop and acquire various technologies viewed as critical to China’s long-term global competitiveness. This policy change means that attractive opportunities are currently available for foreign companies in technology oriented industries, including Internet, software development,...

The Internet, e-commerce and new media industry sectors in China are highly regulated, and foreign participation is restricted. There are many ways to structure a foreign-invested Internet business in China, including the variable interest entity, or “VIE” structure, which has been used by foreign e-commerce and new media companies seeking to enter the China market and by the founders of...