China Law Podcast

In June, China enacted the PRC Anti-Foreign Sanctions Law (中华人民共和国反外国制裁法) following an expedited drafting process, the country's first national statute specifically combating foreign sanctions against Chinese companies and individuals. The law states that companies in China may not implement or enforce foreign sanctions against Chinese entities, and that Chinese entities can file lawsuits against those companies that do. Lester Ross and Kenneth Zhou discuss the primary concerns among multinationals about the new anti-sanctions law, and the potential impact on contractual clauses and global compliance strategies. Lester Ross is the partner-in-charge at global law firm Wilmer Cutler Pickering Hale and Dorr's Beijing office. He is a former vice-chair of the board of governors, former general counsel and current chair of the policy committee and of the insurance forum of the American Chamber of Commerce in China. Kenneth Zhou is a partner at WilmerHale's Beijing office. He is a former general counsel and former member of the board of governors of AmCham China. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode Outline 00:58 Anti-sanctions law's relationship with Unreliable Entity List, "blocking statute" 07:07 Ability of foreign companies to choose their business 11:29 What constitutes "discriminatory restrictive measures" 15:03 China subsidiaries of global companies and compliance challenges 18:56 Possibility that contractual clauses will be flagged as sanctions implementation 24:46 Potential risk exposure of law firms Related Content PRC Anti-Foreign Sanctions Law (中华人民共和国反外国制裁法) Ministry of Commerce, Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures (商务部阻断外国法律与措施不当域外适用办法)

In May, BlackRock CCB Wealth Management became the second foreign-controlled wealth management joint-venture to be granted an operating license by the Chinese government. The JV is majority-owned by the world's biggest asset manager BlackRock with 50.1% stake, while China Construction Bank and Singapore state investor Temasek own 40% and 9.9% respectively. Josh Zhang discusses the development of China's nascent bank wealth management industry, the key provisions of newly introduced wealth management sales and distribution rules, and the Greater Bay Area Wealth Connect scheme. Josh Zhang is managing director and head of internal control at BlackRock CCB Wealth Management based in Shanghai. Find the full transcript of the interview here. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode Outline 03:33 Advantages of bank wealth management companies compared to other types 06:19 Permitted investment scope of Greater Bay Area Wealth Management Connect 08:40 Enhanced due diligence requirements on product distributors 11:33 Senior management responsibilities and termination requirements Related Content In-House Insights: China's Second Foreign-Controlled Wealth Management Company Taking China's Asset Management to the Next Level

China has launched a national carbon emissions trading system for the first time, with trading set to begin imminently. Multinationals can expect to be significantly affected by the compliance requirements laid out by the new market, while also standing to profit from the new investment opportunities it presents. Nancy Sun and Andrew Westgate discuss what carbon trading is, how it works, how China's emissions trading scheme (ETS) compares with other ETSs around the world, and what the opportunities and challenges are for MNCs in China. Find the full in-depth analysis article on this topic here. Nancy Sun is a senior partner at Dentons in Shanghai, where she advises major foreign and Chinese energy companies on environmental and general corporate matters. Andrew Westgate is an associate at Latham and Watkins in New York who advises major energy and industrial companies on a range of environmental matters, including environmental credits and carbon neutrality. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode Outline 01:24 How China's national ETS works 02:43 Comparison with EU and California ETSs 07:23 MNC concerns over carbon trading enforcement 08:22 Foreign investor participation and challenges 10:06 Transportation not covered under national ETS 13:10 Scrutiny of supply chains and price modeling 18:00 Voluntary carbon offsets in China 20:17 Standardizing different pilot scheme rules 21:07 EU carbon leakage tax proposal Related Content China Carbon Trading: EU, Pilot Schemes Hint at What's to Come Rules for the Administration of the Trading of Carbon Emissions Rights (Trial Implementation) In the News: Carbon Trading Rules; Crypto Ban Expansion; and Mobile App Privacy

Human genetic resources such as organs, cells, and tissue are crucial to the clinical trials that pharmaceutical multinationals conduct in order to get their products registered for use in China, whether it be a new drug or medical device. China's HGR regime was recently elevated to the level of a national statute for the first time when the PRC Biosecurity Law came into effect in April. Tina Wu discusses how China's HGR regulator has enforced strict HGR rules since 2019, including intellectual property co-ownership between foreign and Chinese parties and HGR exports. Read the in-depth article on China's HGR regime here, featuring insights from other experienced China life sciences lawyers. Tina Wu is a life sciences partner at Haiwen & Partners in Shanghai with more than ten years experience working on life sciences and healthcare matters, including IP licensing and regulatory approvals. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode Outline 01:16 Reduction in R&D activities in China 06:12 Ambiguous data filing requirements 08:43 Sensitive data categories 10:57 Regulatory compromise for time-sensitive data 12:30 Provision of HGR to foreign-invested entities 13:41 Listing data recipients in master application 15:58 Approval process for HGR materials export 20:15 Multi-center clinical trials 21:06 Patent co-ownership impact on R&D 23:43 Negotiating IP use and transfer Related Content The Impact of China's Human Genetic Resources Regime on Pharmaceutical MNCs Businesses Navigating Data Transfer Uncertainties by Balancing Compliance Necessity, Business Costs

With more than 10,000 restaurants in over 1,500 cities in China, Yum China is the biggest restaurant company in China, owning some of the most popular fast-food brands in the country including KFC and Pizza Hut. In 2020, it became the first restaurant company and the first non-TMT company to have a secondary listing in Hong Kong. Joseph Chan, Yum China's Shanghai-based chief legal officer, discusses how the Hong Kong secondary listing was secured, navigating stricter compliance and disclosure requirements as a U.S. domestic issuer, and more. Read the full transcript of the interview here. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode Outline 01:06 CLO's main responsibilities and regulatory areas 04:29 Experience in private practice and relevance today 06:30 Challenges of secondary listing as a U.S. domestic issuer 09:56 Convincing HKEX that Yum China is an "innovative" company 12:55 Legal compliance work in a fast-paced environment 15:08 Importance of cybersecurity and data privacy 16:48 COVID-19 lessons Related Content In-House Insights: Legal Compliance for China's Biggest Restaurant Company Key Policies Driving U.S.-Listed Chinese Companies' Renewed Interest in Mainland China and Hong Kong Financial Markets The Outlook for the Mainland and Hong Kong Capital Markets in 2019

National security has driven reforms to foreign direct investment regimes around the world, including the United States, Australia, the EU and China. The U.K. is the latest major economy to join in on the act with its new National Security and Investment Bill, which will for the first time in the country's history introduce a standalone foreign investment regime similar to the U.S. CFIUS review process. Roger Barron and Garrett Hayes discuss the ins and outs of the new regime: its scope and review timeline, the impact on M&A auctions and completed transactions, and recommendations for Chinese investors. Roger Barron is Paul Hastings' global vice chair for mergers and acquisitions based in London, who recently provided expert evidence to the U.K. parliament on the proposed National Security and Investment Bill. Garrett Hayes is a corporate partner at Paul Hastings based in London who has considerable experience in cross-border M&A, especially in the telecoms industry. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode Outline 01:29 Levels of Chinese investment in the U.K. 02:38 Current investment regime under Enterprise Act of 2002 03:34 Mandatory notification requirement for 17 sensitive sectors 08:05 Potential disadvantage in M&A auctions 10:28 Key considerations for voluntary filing 13:42 Comparisons with CFIUS 20:06 Information-gathering to sway sellers and regulators Related Content How Might the New UK Foreign Investment Regime Impact Chinese Investment? United Kingdom 2016 (English & Chinese) Chinese Investment in EU Enters Uncharted Territory with New Investment Screening Reforms

A year ago, the Supreme People's Court issued three guiding opinions providing guidance to lower courts on a range of litigation and disputes issues arising from the COVID-19 pandemic. Diane Peng analyzes how the SPC's guidance has played out in litigation proceedings in practice; PRC courts' approach to foreign-related litigation in particular; and key takeaways from COVID-related cases she has worked on. For the full episode, click here to listen on Apple Podcasts and here for Spotify. This is the second part of our China Questions series exploring key issues surrounding litigation in China today. Diane Peng is a Beijing-based counsel at Fangda Partners, specializing in disputes, particularly international and foreign-related commercial arbitration and litigation. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode Outline 01:16 Force majeure claims and model cases 04:55 Fairness principle applied to school fee dispute 07:59 Suspended litigation proceedings pending authenticated document submission 09:17 Counterparty challenges of document authenticity 11:08 Travel restrictions impact on foreign witnesses/experts 13:17 Online litigation platforms and their limitations Related Content China Question: How to Raise my Chances of Litigation Victory in China? Part I: Litigation Readiness Podcast #28: Litigation Readiness in China - What Lawyers, Business Need to Know

Hongkong Land is one of Asia's leading property investment, management and development groups. The long-established real estate developer has a significant presence in mainland China, with an extensive and growing portfolio of commercial and residential projects, which attract some of the world's biggest retailers and luxury brands. Bobo Xu, Shanghai-based general manager and head of legal for China at Hongkong Land, shares insights on advising on the whole lifecycle of real estate projects in China, navigating challenges posed by the pandemic, developing internal compliance mechanisms, and more. The Hongkong Land legal team was an honoree at the 2020 China Law & Practice Awards, under the In-house Team of the Year (International Company) category. Click here for an extended transcript of the interview with Bobo. Episode Outline 01:10 Hongkong Land's presence in mainland China 01:38 The mainland China legal team's allocation around the country 02:13 The head of legal's primary roles and responsibilities 03:13 Rental reductions for tenants during COVID-19 04:46 Standardizing contracts, procedures and evidence-keeping 07:25 Civil Code impact and land bidding reform Related Content In-House Insights: Hongkong Land in China State Council, Decision on Authorizing and Delegating the Examination and Approval Authority of Land

The pandemic's impact on contracts and relationships between Chinese and foreign parties will be felt in the coming months and years as disputes slowly but surely develop into litigation and arbitration. Jessica Pyman and Mavis Tan discuss what lawyers and businesses need to know to prepare for litigation in China; conducting counterparty and fit to sue assessments on business partners; as well as the key information and analyses needed to inform litigation strategy. Jessica Pyman is Asia Pacific head of business intelligence at Control Risks, a risk consultancy. Mavis Tan leads the consultancy's forensics practice for Greater China and North Asia. Find our China Questions article analyzing the key issues discussed here. Episode Outline 03:46 Impact of the pandemic on China disputes 05:30 Assessing political networks and modus operandi through counterparty assessment 07:55 Information-gathering via litigation history, digital records 10:09 Assessing financial standing and creditor base through fit to sue assessment 13:54 Asset valuation strategies and litigation strategy 16:52 Discovery of evidence, multijurisdictional litigation opportunities 21:05 Forum shopping and data processing Related Content China question: How can I win the PR battle in litigation? China question: How do I select the best court to hear my case?

The Chinese government has been outspoken in recent years about its desire to improve the business environment for both domestic and foreign companies. Part of its strategy to do so has been the promotion of arbitration by the Chinese judiciary, spearheaded by the Supreme People's Court. At the same time, the Hong Kong government led by its Secretary for Justice, the arbitrator Teresa Cheng, has been eager to promote Hong Kong as a regional dispute resolution hub. Edward Liu discusses the ways in which China is opening its doors to foreign arbitral institutions and the promotion of frictionless arbitration proceedings across the mainland and Hong Kong. Edward Liu is a legal director advising on disputes and maritime law matters at Hill Dickinson in Hong Kong. Dual-qualified in both England and Wales and in China, Edward is also an experienced arbitrator and mediator and a member of the Hong Kong government's Advisory Committee on Promotion of Arbitration and its Steering Committee on Mediation. This is the second special annual review episode looking back at the year just gone by in various major areas of the law. Check out last week's episode looking at the major U.S. tech-related sanctions and export controls on Chinese entities in 2020. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode Outline 01:26 Force majeure issues as a result of COVID-19 06:51 Guangzhou ruling of ICC award as foreign-related 09:58 Advantages of being a foreign award for enforcement 11:53 Mainland-Hong Kong supplemental arrangement for mutual enforcement 14:34 Simultaneous enforcement of arbitral awards 17:32 Allowing Hong Kong enterprises on mainland to choose Hong Kong arbitration Related Content Guangzhou Court Rules ICC Arbitration Award Chinese, Not Foreign Podcast #17: Arbitration in China and its Growing Internationalization Going Global – China's Arbitration Reforms in 2019

The Trump administration aggressively introduced new rules and amended existing rules to clamp down on Chinese access to U.S. technology, primarily through export controls and sanctions, throughout 2020. Wendy Wysong and Ali Burney discuss the impact of different lists compiled by the US government on Chinese companies, the heightened focus on companies linked to the Chinese military, as well as the business community's response. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective, hosted by Vincent Chow. This is the first of two special episodes looking back at the year just gone by in two major areas of the law - next week's episode will be on China's arbitration reforms. Wendy Wysong is Hong Kong managing partner at Steptoe & Johnson, based in Hong Kong and Washington, D.C. She is a former Deputy Assistant Secretary for Export Enforcement in the Department of Commerce who previously represented Chinese telecom giant ZTE in their five-year multi-agency investigation in the U.S. Ali Burney is a partner at Steptoe & Johnson in Hong Kong. He has extensive experience in economic sanctions and export controls, having worked previously in Washington, D.C. at the Office of Foreign Assets Control in the Department of Treasury.

The Trump administration has creatively used U.S. export controls and sanctions to further its foreign policy goals, most notably restricting U.S. business dealings with Chinese entities in various technological sectors. Benjamin Kostrzewa and Holly Blackwell discuss the future of the U.S. export controls and sanctions regimes under a new administration; the overarching policy goals and specific policy tools; the implications for international disputes and compliance; and more. For the full episode, click here to listen on Apple Podcasts and here for Spotify. Benjamin Kostrzewa is a Counsel in Hogan Lovells' Hong Kong and Washington, D.C. offices, who specializes in international trade law with a focus on the Asia-Pacific region. Before joining Hogan Lovells, Ben served as assistant general counsel at the Office of the U.S. Trade Representative from 2011 to 2015, where he handled U.S.-China disputes and negotiations, World Trade Organization disputes, and free trade agreement negotiations. Holly Blackwell is an international disputes partner at King & Wood Mallesons based in Shanghai. She advises clients on their cross-border disputes concerning their investments in China and internationally, as well as their compliance with law and policy concerning international trade and business, including U.S. and international anti-bribery, economic sanctions, export controls, and integrity regimes. Today's episode is the second part of a two-part special looking at what a Biden administration could mean for U.S.-China business and investment. If you haven't already, make sure to listen to the first part featuring Jeremy Zucker and Yang Wang from Dechert, where the focus was on U.S.-China FDI and M&A flows. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective, hosted by Vincent Chow. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode Outline 01:23 Convergence in overarching policy goals 04:02 More responsive export controls, sanctions policy-making process 07:52 Advice for MNC compliance officers 11:42 Reaction of Shanghai lawyers to election result 13:09 Greater multilateralism, stakeholder involvement 16:29 Increased likelihood of multijurisdictional investigations 18:23 Reviewing disputes clauses and contractual terms Related Content How a Biden Presidency Might Shake Up US-China Investment Podcast #24: Post-Election Special Part I – US-China Investment Under a Biden Administration A Brief Introduction to the PRC Export Control Law Podcast #5: Discussing new US Controls on Tech Exports to China with Amanda DeBusk, Former Commerce Department Official

With a new U.S. presidential administration all but confirmed, all eyes now are on how a Biden presidency will differ from its predecessor in terms of its policies towards China. Jeremy Zucker and Yang Wang discuss FDI flows between the two countries, the outlook for cross-border M&A, the potential policy tools used by the Biden administration in this area, and more. Today's episode is the first of a two-part special looking at what a Biden administration could mean for U.S.-China business and investment. Next week's episode will cover U.S.-China trade and sanctions policies. Jeremy Zucker is co-chair of Dechert's International Trade and Government Regulation practice based in Washington, D.C. He has extensive experience advising on national security reviews of FDI by the Committee on Foreign Investment in the United States (CFIUS). Yang Wang is managing partner of Dechert's Beijing office who focuses his practice on cross-border M&A, private equity, venture capital investments and capital markets. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective, hosted by Vincent Chow. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode Outline 02:47 CFIUS powers expanded by FIRRMA, scrutiny on critical technologies 07:55 Differences in means rather than ends 09:56 Reversion of CFIUS to traditional norms 15:00 Paying close attention to initial days of Biden presidency 17:02 Foreign investment in China picking up recently 18:47 Impact of COVID-19 on PE/VC 20:20 New investment opportunities in high-tech sectors Related Content Chinese Investment in US Plummets Under Increased Scrutiny, But Not Impossible Podcast #14: CFIUS and its Impact on Chinese Investment in the US TikTok Given Little Room to Maneuver as Broad Fears of Chinese Surveillance Prevail

Data protection has been one of the top priorities for lawmakers and regulators in China in recent years, as concerns over the commercial collection and processing of personal information have increased alongside the explosion of the country's internet economy. Barbara Li analyzes the extraterritorial reach of the new draft PRC Law on the Protection of Personal Information (中华人民共和国个人信息保护法), its provisions on cross-border data transfer, why the law is good news for GDPR compliant international companies, and more. Barbara Li is Head of Corporate at Rui Bai Law Firm in Beijing, where she spearheads the TMT and FinTech practices. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective hosted by Vincent Chow. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode Outline 01:07 Legislative context of the new law 03:11 Extraterritorial reach and uncertainty over enforcement 09:22 Alignment with GDPR in definition of consent 12:55 New avenues for cross-border data transfer 18:33 Massive increase in penalty provisions 20:05 Compliance advice for international companies 23:45 Preparing Chinese companies to go global Related Content PRC Law on the Protection of Personal Information (Draft) Strengthening the Protection of Personal Information in China – National Standard Overhaul China Targets Data Collectors With New GDPR-Aligned National Standards

Established in 2014, the New Development Bank was set up by China and the four other BRICS countries to finance infrastructure and sustainable development projects in the BRICS and other emerging economies. Abhimanyu Ghosh discusses his role at the bank, the bank's rapid response to COVID-19, setting environmental and social standards for their loans, as well as how working for a multilateral development bank is different from working for a law firm. Abhimanyu Ghosh is Senior Counsel at the NDB, based at the bank's headquarters in Shanghai. The NDB in-house legal team was the winner of the In-House Team of the Year International at the recent 2020 China Law and Practice Awards. Today's episode is the second part of a two-part special looking at the work of two leading in-house counsel in China who have been influential in helping their organizations navigate a fairly historic and unprecedented past year. Click here to listen to the previous episode with Myra Gao, head of legal at Danfoss China. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective, hosted by Vincent Chow. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Disclaimer: Abhimanyu Ghosh was speaking in a personal capacity and his view are not necessarily those of the New Development Bank Episode Outline 01:40 What the NDB does and role of Senior Counsel 05:30 How the legal team divides work across different jurisdictions 07:08 Keeping work in-house versus seeking external help 09:30 Adhering to NDB's Articles of Agreement 12:28: Privileges and immunities of multilateral development banks 16:24 Maintaining environmental and social sustainability standards Related Content China Law & Practice Announces Awards 2020 Winners Podcast #21: Delivering Value as an In-House Counsel for a Multinational in China - Myra Gao, Danfoss China GC In-House Insights: Helping Businesses Expand in China with Judy Wong, Tricor Group GC

Traditionally, in-house lawyers in China have not been viewed as a core component of business strategy, but this has changed massively in recent years, with in-house counsel increasingly looking to get involved in major decision-making. Myra Gao discusses her role at Danfoss China, the growing attention she pays to export control developments on both sides of the Pacific, the company's quick and early response to COVID-19, as well as the rapid development of China's environmental regulations. Myra Gao is Head of Legal at Danfoss China and winner of the General Counsel of the Year International at our recent China Law and Practice Awards 2020. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective, hosted by Vincent Chow. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode outline 03:32 Export controls impact and securing tariff refunds and exemptions 06:32 Surviving environmental audits and ensuring partners do too 13:09 COVID-19 and handling force majeure claims 18:32 In-house counsel as business partners rather than just lawyers Related Content China Law & Practice Announces Awards 2020 Winners Podcast #20: China's New Export Control Law and Redefining National Security - Nathan Bush, DLA Piper In-House Insights: Helping Businesses Expand in China with Judy Wong, Tricor Group GC

Export controls have been one of the main policy tools wielded by the Trump administration in its trade and technology war against China. Now, China has made its first major move in response, with a new law specifically focused on export controls. Nate Bush discusses the scope of items the new law covers, the ways in which it departs from the export control regimes of other countries, the implications for companies from third countries amid worsening US-China relations, and more. Nate Bush is partner at DLA Piper in Singapore where he heads the firm's Asia investigations as well as antitrust and competition practices. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective hosted by Vincent Chow. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode outline 01:11 Risk of retroactive enforcement according to the law 06:17 Decentralized administration of the law 09:09 Scope of items subject to export controls 11:31 China as an ascendant technology power 15:00 Interplay with Unreliable Entity List provisions 19:33 Threat of reliation against foreign export controls Related content In the News: Export Control Law Ministry of Commerce and Ministry of Science and Technology, Catalogue of Technologies the Export of Which Is Prohibited or Restricted US Companies Face Compliance Dilemma as China Publishes Unreliable Entity List Rules In the News: TikTok Export Controls

This week, the southern major city of Shenzhen in China's Guangdong province celebrated the 40th anniversary of the establishment of the Shenzhen special economic zone, China's first. Eric Liu discusses Shenzhen's new five year development plan; loosening of rules surrounding foreign exchange and remittances; imminent stock market reforms, and more. Eric Liu is Managing Partner of Zhao Sheng Law Firm based in Beijing and Shanghai, where it is in a joint operation with global law firm Linklaters. Eric's work focuses on cross border M&A and joint ventures, in particular the financial markets and insurance sectors. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective, hosted by Vincent Chow. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode outline 03:10 RMB internationalization through Wealth Management and Insurance connects 07:18 Restrictions on mainland equity investment with forex reserves 09:47 Chinese depository receipts allowing domestic investors access to overseas-listed companies 12:38 Shenzhen and Hong Kong's respective strengths 15:02 Expanding permitted scope to attract more foreign investment into Shenzhen 17:54 Insurance connect as major investment opportunity Read More In the News: Shenzhen Reforms China Releases New Master Plan for Shenzhen as a Model City The War for Capital – China's Stock Market Reforms in 2019 In the News: ChiNext Reforms

In-house legal departments around the world are under more stress than ever, with the COVID-19 pandemic causing massive upheavals to businesses' operations, often at breakneck speed. Judy Wong, group chief legal counsel and chief compliance officer for Tricor, shares insights from her work as the head of the legal team at Tricor, a business expansion consultancy in Asia based in Hong Kong, with 47 offices and 2,700 employees spread out across 21 countries and territories around the world. Judy discusses the company's operations and strategy in mainland China, as well as the impact of the pandemic on her work. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective hosted by Vincent Chow. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode outline 01:40 Tricor's recent acquisitions to offer outbound solutions for Chinese corporates 03:20 Cybersecurity law and data localization requirements 03:59 Pandemic impact on cybersecurity and human capital 08:04 Working with external counsel in China: challenges and ideal qualities Related content In-House Insights: Helping Businesses Expand in China with Judy Wong, Tricor Group GC Supreme People's Court Issues Guiding Opinions on the Handling of COVID-Related Cases COVID-19 Legal Series (6): How are Employer's Social Insurance Contributions Reduced Under COVID-19 In-House Insights: Marriott International in China

With arbitration being the preferred method of dispute resolution globally for international commercial contracts, China has recognized the need to modernize its arbitration system and bring it in line with international best practice as it embarks on high-value global investment projects. In this episode, Hu Ke shares insights about Beijing's pro-arbitration strategy; its ties to the Belt and Road and the Greater Bay Area initiatives; major reforms opening up the mainland market to foreign arbitral institutions, and more. Hu Ke is a Beijing-based disputes partner at Jingtian and Gongcheng who specializes in international litigation and arbitration. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective hosted by Vincent Chow. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode outline 01:16 Legislative background of arbitration in China 04:12 Arbitration as an index for a country's openness 06:45 Mainland-Hong Kong interm relief arrangement 10:10 Shanghai opening up to foreign arbitral institutions 13:58 Key areas for reform moving forward Related content Going Global – China's Arbitration Reforms in 2019 Landmark First Order Under Mainland-HK Arbitration Arrangement Issued PRC Arbitration Law (2nd Revision)

Chinese FDI in the European Union has skyrocketed over the last decade, increasing by almost 50 times in between 2008 and 2016. However, investment levels have since flatlined and even fallen as a result of both a downturn in China's domestic economy as well as growing political headwinds in the global business landscape. In this episode, Caroline Thomas and Jay Modrall discuss the new FDI screening regulation coming into effect next month in the EU, as well as an implementation guideline for the regulation issued in March by the EU's executive arm, the European Commission, in response to the pandemic. On the UK side, we discuss what the country's foreign investment landscape post-Brexit might look like particularly with a new foreign investment screening regime to be introduced in the form of a new piece of legislation set to be tabled in the coming months. Caroline Thomas is a competition partner at Norton Rose Fulbright based in London with 15 years of experience in advising companies on all aspects of UK and EU competition law, including merger control and state aid. Jay Modrall is also a competition partner at Norton based in Brussels with 27 years of experience advising companies on EU and international competition work, in particular the review and clearance of international mergers and acquisitions. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective hosted by Vincent Chow. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode outline 01:48 EU's focus on healthcare sector as a result of pandemic 07:24 New EU FDI Screening regulation and coordination mechanism 13:47 Implications for the UK post-Brexit 15:08 Focus on Chinese investment and political expediency 17:31 Anti-foreign subsidy White Paper and relevance for China 25:05 UK foreign investment review revamping 27:56 Greater complexity and difficulty for Chinese investors moving forward Related content Chinese Investment in US Plummets Under Increased Scrutiny, But Not Impossible Podcast #14: CFIUS and its Impact on Chinese Investment in the US China Outbound Investment Guide 2018 — Switzerland

The rapid growth of the internet economy over recent years has ushered in a new frontier in the ongoing battle between the world's biggest superpowers: that of data protection. With data being hailed by some as the oil of the 21st century, the battle between states and between companies is not just to see who can collect the most data, but also increasingly to see who can best protect their data from being collected by rival governments and market competitors. In this episode, Dr Bo Zhao draws on his comparative research background to share insights on China's rules and regulations surrounding the cross-border transfer of data and how they compare with other jurisdictions, including the EU and the US. Moreover, we discuss what limits there are on the Chinese government to access data stored in China by Chinese and foreign companies. Dr Bo Zhao is a Senior Research Fellow at the Tilburg University School of Law in the Netherlands. Bo's research covers comparative data privacy protection law, especially cross-border data protection and cybersecurity law and policy issues in China. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective hosted by Vincent Chow. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode outline 01:22 History of China's data protection regime 03:28 Significance and criticisms of PRC Cybersecurity Law 05:00 The cross-border transfer of data and data localization 06:29 Snowden scandal and its impact on China 09:49 Data localization in other jurisdictions 12:19 Data power and regime competition 16:00 Beijing's access to data held by companies 20:49 GDPR as a model for China's data protection framework Related content Draft Data Security Law: Highlights and Commentary Podcast #7: 'Unbundling' China's New Data Protection Standards PRC Cybersecurity Law (中华人民共和国网络安全法) China Targets Data Collectors With New GDPR-Aligned National Standards Podcast #11: What the PRC Civil Code Means for Doing Business in China

With news about Chinese video-sharing platform TikTok dominating headlines, attention is being paid once again to the government body at the center of reviewing inbound foreign investment into the U.S., the Committee on Foreign Investment in the United States (CFIUS). In this episode, Jeremy Zucker and Darshak Dholakia delve into the CFIUS review process and its implications for Chinese investors; the history of the CFIUS review; recent reforms bolstering its powers; the unusualness of the TikTok case; as well as concrete data showing the practical impact of CFIUS on outbound Chinese investment into the U.S. For the full episode, click here to listen on Apple Podcasts and here for Spotify. Jeremy Zucker and Darshak Dholakia are partners at Dechert based in Washington DC. Jeremy is co-chair of the firm's International Trade and Government Regulation practice and has extensive experience advising on CFIUS reviews of foreign investment. Darshak is also an integral part of the CFIUS team at Dechert, having advised on many such reviews as well. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective hosted by Vincent Chow. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode outline 01:24 What CFIUS is and the powers it has 04:41 CFIUS' annual work reports and takeaways for Chinese investors 08:05 Mitigation measures and their growing importance 14:58 CFIUS reforms bolstering its authority 19:52 Common themes of CFIUS scrutiny of Chinese investment 23:47 Deciding whether to voluntarily file for CFIUS review Related content CFIUS Law Reform Imposes Serious Threats to Chinese Investments in the US In the News: WeChat, TikTok Bans

On May 20, the U.S. Senate unanimously passed the Holding Foreign Companies Accountable Act, a bill that threatens to delist from U.S. stock exchanges foreign companies that use accounting firms that cannot be inspected by U.S. regulators. Although the bill's provisions apply globally, some apply especially to Chinese companies. In this episode, Shaun Wu sheds light on the accounting concerns that U.S. regulators have regarding Chinese companies, the mechanics of the new proposed law, the uncertainties surrounding its enforcement, as well as practical advice for Chinese companies in light of growing U.S. scrutiny. Shaun Wu is a Hong Kong-based partner at Paul Hastings. He leads the firm's Investigations and White Collar Defense and International Litigation practices in Greater China, representing multinational corporations in high-stakes investigations and regulatory enforcement across the Asia-Pacific. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective, hosted by Vincent Chow. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode outline 01:19 Accounting issues of Chinese companies that have grown rapidly 04:46 Why U.S. regulators have found it difficult to inspect Chinese companies' audits 08:59 Difficulties of cross-border enforcement 13:30 The attractiveness of fundraising in Hong Kong 16:34 Practical advice for U.S.-listed Chinese companies Related content The War for Capital – China's Stock Market Reforms in 2019 Regulating U.S.-listed Chinese companies

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Just as the United States has beefed up its scrutiny of the supply chains of its critical infrastructure in recent months, China has also launched a new cybersecurity review (CSR) for mitigating the national security risks posed by theirs. In this episode, Barbara Li and Zhou Yang explain the scope and process of the cybersecurity review, the basic steps parties must take in order to comply, the implications for foreign suppliers, and more. Barbara Li is Head of Corporate at Rui Bai Law Firm in Beijing, where she spearheads the TMT and FinTech practices. She is also former vice chair of the Cybersecurity Sub-Working Group of the EU Chamber of Commerce in China. Zhou Yang is a Shanghai-based partner at Zhong Lun Law Firm specializing in TMT and cybersecurity issues. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective, hosted by Vincent Chow. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode outline 02:01 Legal basis for the cybersecurity review under Cybersecurity Law and National Security Law 03:54 Scope of the review: CII operators' procurement of network products and services 08:10 What is required under pre-review self-evaluation 11:46 Punishments for non-compliance 16:43 Export control restrictions for U.S. suppliers 18:25 Situation where Chinese customer have no choice beyond U.S. supplier Related content Government Engagement, Support of Chinese Partner Key to Navigating China's Cybersecurity Review PRC Cybersecurity Law (中华人民共和国网络安全法) China's National Security Review: a Case Study of a Supermarket Chain Measures for Security Reviews of Network Products and Services (Trial Implementation) (网络产品和服务安全审查办法 (试 行))

China finally has a Civil Code after multiple failed attempts at creating one. The Code defines the rights and duties of China's 1.4 billion citizens and has implications for all segments of Chinese society, from consumers to investors to businesses. In this episode, Ulrike Glueck and Michael Munzinger break down the gigantic piece of legislation into key takeaways for businesses and investors in China. Ulrike Glueck is Managing Partner and Head of Corporate of global law firm CMS' Shanghai office. Michael Munzinger is a counsel for CMS, also in Shanghai. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective, hosted by Vincent Chow. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode outline 02:03 Difference between a code and a law 04:32 Protection of privacy and personal information 08:18 Importance of personality rights and emerging technologies 11:56 Provisions influenced by China's experience with pandemic 15:09 History of previous failed attempts at creating code 18:15 Germany's civil code and its relevance today 20:15 Practical impact of Civil Code on business moving forward Related links Strengthening the Protection of Personal Information in China - National Standard Overhaul China Targets Data Collectors With New GDPR-Aligned National Standards Podcast #1: Force Majeure in China - What It Means and How to Fight It How Will PRC Courts Handle COVID-19 Disputes? The Supreme Court Has Its Say

A strict new national security law has arrived in Hong Kong, marking the most significant shakeup to the city's relationship with the mainland since the handover more than two decades ago. In this episode, three lawyers analyze the implications for businesses of the new law as well as the U.S. response in the form of sanctions and greater export control restrictions. Thomas So is a Hong Kong-based partner at Mayer Brown and a member of the National Committee of the Chinese People's Political Consultative Conference. Wendy Wysong is Hong Kong managing partner at global law firm Steptoe & Johnson. She is a former Deputy Assistant Secretary for Export Enforcement in the Department of Commerce. Nick Turner is Hong Kong-based of counsel at Steptoe & Johnson. He was previously regional sanctions officer, senior vice president at Citibank in Hong Kong. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective, hosted by Vincent Chow. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode outline 01:31 How companies are expected to comply with the new law 04:12 Companies' internal policies for staff behavior 06:09 Concerns about extraterritorial nature of the law and potential impact on business 11:08 What the Hong Kong Autonomy Act threatens to do 14:32 Scope of the sanctions bill and which financial institutions could be targeted 18:16 Why a new sanctions law is necessary for the U.S. response 20:17 New U.S. export control restrictions on Hong Kong 24:38 Revoking of Hong Kong's special export control privileges Related links Why the US Wants to Strip Hong Kong of its Special Trade Privileges Podcast #9: What Does Hong Kong's Special Trade Status Really Mean? Podcast #5: Discussing new US Controls on Tech Exports to China with Amanda DeBusk, Former Commerce Department Official

Hong Kong's special trade status is in jeopardy - but what does it actually mean? In this episode, Wendy Wysong and Ali Burney explain what Hong Kong could lose if its special treatment under U.S. law is revoked, especially when it comes to U.S. export control regulations - a key area of U.S. law that has been front and center of the Trump administration's campaign against Chinese businesses, most notably ZTE and Huawei. Wendy Wysong and Ali Burney are partners at global law firm Steptoe & Johnson. Wendy is a former Deputy Assistant Secretary for Export Enforcement in the Department of Commerce who previously represented Chinese telecom giant ZTE in their five-year multi-agency investigation in the U.S. Ali also has extensive experience in economic sanctions and export controls, having also worked previously in Washington, D.C. at the Office of Foreign Assets Control in the Department of Treasury. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective, hosted by Vincent Chow. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode outline 01:47 Looser rules for Hong Kong under U.S. export control regulations, mainly for dual-use and sensitive technology items 07:26 Hong Kong as a transshipment hub for U.S. exports to reach the PRC 10:47 Entity List and other tools used by U.S. export control authorities 18:11 U.S. exporters “pushing down” contractual burdens on Hong Kong importers/re-exporters 20:04 Deciding a business' risk appetite and strengthening compliance programs 21:57 Commerce Department's receptiveness to industry feedback 25:26 Draconian nature of U.S. export controls and sanctions

The China-U.S. trade and tech war has heated up significantly in recent weeks as the U.S. has ramped up export controls and made moves on Hong Kong. In this episode, Lester Ross and Kenneth Zhou discuss China's “unreliable entity list,” widely considered China's main retaliatory weapon against U.S. companies. They analyze the potential legal bases for the List, the possible consequences for those companies listed, as well as lobbying efforts by American companies in both Beijing and Washington D.C. Lester Ross is head of WilmerHale's Beijing office. He is also Chair of AmCham China's Policy Committee as well as the Insurance Forum. Kenneth Zhou is a partner at the firm's Beijing office as well, and he is on AmCham China's Board of Governors. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective, hosted by Vincent Chow. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode outline 01:14 U.S. restrictions on Chinese companies through various blacklists 04:26 Potential legal bases for the List under Chinese law 07:35 Potential consequences for listed companies including formal and informal punishments 11:05 Why the tech industry is most likely to be targeted 12:48 How recent events might accelerate publication of the List 15:18 China and U.S. response to U.S. business complaints 19:20 Will U.S. companies leave China as a result?

The Chinese regulators have finalized a new Personal Information Security Specification that lawyers recommend businesses comply fully with. In this episode, Hogan Lovells' Sherry Gong and Mark Parsons dissect the new national standard: the concept of unbundled consent, the impact on biometric data and targeted advertising, comparisons with the GDPR, and more. Sherry Gong is a Beijing-based partner who has advised many multinational companies in China including PayPal and Tencent. She is recognized as a leading lawyer in China's higher education sector. Mark Parsons is a Hong Kong-based partner who specializes in TMT sectors across the Asia-Pacific. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective, hosted by Vincent Chow. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode outline 02:20 Summary of content and background of new national standard 04:53 Comparison with the European Union's GDPR 07:03 Expansion of unbundled consent concept 08:48 Third-party service providers and secondary functions 13:43 Impact on China's internet economy 16:24 Tighter rules surrounding biometric information and facial recognition 19:41 Compliance advice for multinationals and Chinese SMEs

The self-driving revolution is underway. Carmakers around the world are planning to have fully autonomous vehicles on the road by 2030. In China alone, it is estimated that there will be more than eight million autonomous vehicles on the roads by 2035. In this episode, Mark Schaub discusses the opportunities for foreign carmakers in China, how autonomous vehicles and national security are linked, the emergence of self-driving car fleets, and more. Mark Schaub is a London-based senior partner at King & Wood Mallesons who specializes in cross border M&A, intellectual property, and private equity investment in China. Mark was the first foreign lawyer to join the firm in 2000 and his work now mainly focuses on foreign investment in China's emerging high-tech sectors including fintech, blockchain and autonomous vehicles. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective. Hosted by Vincent Chow, a reporter at China Law & Practice. Episode outline: 01:23 State of China's autonomous cars sector and new development strategy 04:25 Overcoming foreign investment restrictions through JVs with local partners 07:59 China's mapping restrictions because of national security concerns 09:06 Cybersecurity concerns surrounding autonomous cars 13:43 China's approach to liability and insurance issues 16:44 Trade war impact on carmakers in China and Chinese access to foreign technology 19:15 What to expect from regulators in next five years

The prospect of U.S.-China decoupling is looking more probable by the day as the Trump administration ramps up its controls on exports of sensitive technology to China. In this episode, Amanda DeBusk discusses the impact of new U.S. controls on Hong Kong, China's military-civilian fusion, fears surrounding Chinese involvement in core U.S. infrastructure, and much more. Amanda DeBusk is chair of Dechert's global International Trade and Government Regulation practice based in Washington D.C. Her practice focuses on the enforcement of export controls and trade compliance. She was U.S. Commerce Department assistant secretary for Export Enforcement from 1997 to 2001. The China Law Podcast is a weekly podcast discussing China's business and financial sectors from a legal perspective. Hosted by Vincent Chow, a reporter at China Law & Practice. Episode outline: 01:21 Summary of new U.S. export rules and which industries they affect 05:28 U.S. rescinding its deference to allies; implications for Hong Kong 07:24 Removal of civilian exemption, China's military-civilian fusion 09:55 Expanded prohibition on exports to Chinese military 12:33 Difficulty of securing export licenses for China 14:09 Impact on U.S. exporters and Chinese importers 15:50 Further restrictions on the horizon including De Minimis expansion 18:22 Scrutiny of Chinese involvement in core infrastructure in the U.S. 21:00 Concerns of possible reciprocal actions from the Chinese government

Michael Jordan is a household name throughout the world, but in China, his name is at the center of a protracted dispute over the trademark rights to his name in Chinese. In this episode, we do a deep dive into the background of Michael Jordan's battle to lay claim to his name and brand in China: how it all began, the trademarks at stake, the legal arguments from both sides, and the courts' rulings. Laura Wen-Yu Young is Managing Partner at Wang and Wang, a U.S. law firm specializing in intellectual property and investment in China. Laura has 30 years of experience working on IP protection for foreign parties in China and has previously taught at Soochow University, Cornell University, and UC Berkeley. The China Law Podcast is a weekly podcast discussing China's business and financial sectors from a legal perspective. Hosted by Vincent Chow, a reporter at China Law & Practice.

More than 100 days after China first announced the emergence of a mysterious "pneumonia of unknown cause", the virus has caused one of the largest lockdowns in human history and brought several major economies to a standstill. In this episode, Scott Yu in Beijing and Meg Utterback in New York share their insights on the impact of the pandemic on international M&A and disputes as we try to get a sense of how disruption to Chinese businesses and deals has shifted as the virus itself has moved from China to the U.S. Scott Yu is a senior partner co-heading the corporate and competition practice group at Zhong Lun Law Firm. He has acted as the leading antitrust counsel in a number of mega-sized global M&A and joint venture transactions. Meg Utterback is a disputes and compliance partner at King & Wood Mallesons. She recently moved to New York after 20 years working in Shanghai. Meg represents Chinese and multinational companies in cross-border disputes, international arbitration, and U.S. litigation. The China Law Podcast is a new weekly podcast discussing China's business and financial sectors from a legal perspective. Hosted by Vincent Chow, a reporter at China Law & Practice.

With the novel coronavirus outbreak now contained in China, growing attention is being paid to getting businesses back into normal operation and revitalizing a stuttering economy. In this episode, Jonathan Isaacs discusses what obligations employers in China have as they resume operations, from providing sanitary equipment at work to reporting suspected cases of infection to the authorities. He also shares his analysis of employers' liability if an employee contracts the virus, as well as the possible ways through which struggling businesses can reduce their costs during these tough times. Jonathan Isaacs is head of Baker McKenzie's China employment practice based here in Hong Kong, and an expert on Chinese employment law matters. He co-authored the leading treatise on Chinese employment law in English, Employment Law & Practice in China. The China Law Podcast is a new weekly podcast discussing China's business and financial sectors from a legal perspective, brought to you by LegalSpeak. Hosted by Vincent Chow, a reporter at China Law & Practice. Subscribe to our website chinalawandpractice.com to keep up to date with the latest Chinese legal and business news through our weekly newsletters, news roundups, and expert analysis from our network of leading lawyers and in-house counsel. Be sure also to check out Law.com International to stay up to date with the latest legal industry news around the world.

The coronavirus outbreak has caused massive disruption to businesses across China, leading many of them to issue force majeure claims to seek emergency exemptions to their contracts. In this episode, Edward Liu dissects the issue of force majeure from the perspectives of both the Chinese and foreign counterparties, shares insights on what role the Chinese government is playing, and provides practical advice on the steps you should take when faced with a force majeure claim. Edward Liu is a Hong Kong-based legal director at Hill Dickinson advising on disputes and maritime law matters, and an arbitrator of the Hong Kong International Arbitration Centre. He is also a visiting professor at Shanghai Maritime University School of Economics & Management, and an adjunct lecturer at University of Hong Kong School of Professional and Continuing Education. He was ranked as one of the top ten maritime lawyers in the world in 2019 by international shipping journal Lloyd's List. The China Law Podcast is a new weekly podcast discussing China's business and financial sectors from a legal perspective, brought to you by LegalSpeak. Hosted by Vincent Chow, a reporter at China Law & Practice. Subscribe to our website chinalawandpractice.com to keep up to date with the latest Chinese legal and business news through our weekly newsletters, news roundups, and expert analysis from our network of leading lawyers and in-house counsel. Be sure also to check out Law.com International to stay up to date with the latest legal industry news around the world.