China has long maintained that trade sanctions imposed unilaterally by one or more countries outside the scope of the United Nations Security Council, where China enjoys veto power as one of the five permanent members, are...more
In conjunction with the Group of Seven (G7) leaders meeting in Italy earlier this month, key jurisdictions issued the latest in a series of coordinated economic restrictions on Russia in light of its invasion of Ukraine in...more
7/1/2024
/ Belarus Sanctions ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
EU ,
Export Controls ,
Financial Transactions ,
Foreign Financial Institutions (FFI) ,
Foreign Trade Regulations ,
G7 ,
General Licenses ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Technology ,
UK ,
Ukraine
On June 6, 2024, Premier Li Qiang signed a State Council decree introducing the Regulation on Fair Competition Reviews (the Regulation) effective August 1. According to the Regulation, administrative agencies and...more
On April 24, 2024, President Biden signed into law H.R. 815, an emergency appropriations package billed as authorizing $95 billion in foreign aid to Ukraine and Israel (the Act). While the Ukraine and Israel aid provisions...more
4/30/2024
/ Appropriations Bill ,
Biden Administration ,
China ,
Economic Sanctions ,
EU ,
Export Controls ,
Exports ,
Federal Budget ,
FinCEN ,
Foreign Financial Institutions (FFI) ,
Israel ,
Russia ,
TikTok ,
UK ,
Ukraine
The enactment of China’s Cybersecurity Law (CSL), Data Security Law (DSL), and Personal Information Protection Law (PIPL, together with the CSL and the DSL, “Data Security Laws”) has significantly reshaped the landscape of...more
On March 22, 2024, the Cyberspace Administration of China (“CAC”) promulgated the final version of the Provisions on the Promotion and Regulation of Cross-Border Data Flows (the “Final Provisions”), bringing to conclusion the...more
3/27/2024
/ China ,
Compliance ,
Consultation ,
Corporate Counsel ,
Cybersecurity ,
Exemptions ,
Filing Requirements ,
Free Trade Zone ,
International Data Transfers ,
Multinationals ,
Personal Information ,
Security Risk Assessments ,
Standard Contractual Clauses ,
Threshold Requirements
The Law on Guarding State Secrets (“State Secrets Law”), originally enacted in 1988 and first revised in 2010, was revised for a second time by the Standing Committee of the National People’s Congress (“NPC”) on February 27,...more
The sixth and latest revision of the Company Law was adopted by the Standing Committee of the 14th National People’s Congress on December 29 after four readings, one more than the usual three readings, and will take effect on...more
On October 16, 2023, the Committee on International Trade (INTA) and the Committee on Internal Market and Consumer Protection (IMCO) of the European Parliament adopted their position (the Committee Position; see here and...more
The Cyberspace Administration of China (“CAC”) on September 28, 2023 issued the draft Provisions on the Regulation and Promotion of Cross-Border Data Flows (“draft Provisions”), just one year after China’s data export...more
10/13/2023
/ China ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
International Data Transfers ,
Personal Information ,
Personal Information Protection Law (PIPL) ,
Popular ,
Standard Contractual Clauses
On Sunday August 13, 2023, the State Council released the Opinions to Further Optimize the Environment for Foreign Investment and Increase Efforts to Attract Foreign Investment (“Opinions”)....more
8/16/2023
/ China ,
Cross-Border Transactions ,
Economic Development ,
Foreign Investment ,
Green Initiatives ,
Green Technology ,
Manufacturers ,
Public Policy ,
Public Procurement Policies ,
Tax Incentives ,
Technology Sector
The Cyberspace Administration of China (“CAC”) on August 3, 2023 published the draft Administrative Measures for Personal Information Protection Compliance Audits (“draft Measures”) for public comment through September 2,...more
On July 19th, 2023, the Central Committee of the Communist Party of China (CPC) and the State Council jointly released a detailed policy entitled “Opinions on Promoting the Development and Growth of the Private Economy” (the...more
On June 28, China’s Foreign Relations Law (the “Law”) was adopted at the third session of the Standing Committee of the 14th National People’s Congress (NPC), with effect almost immediately on July 1, 2023....more
The Cyberspace Administration of China (“CAC”) promulgated the Procedures for Administrative Law Enforcement by the Cyberspace Administration Departments (网信部门行政执法程序规定, “Enforcement Procedures”) on March 18, 2023, effective...more
The Cyberspace Administration of China (“CAC”) in a brief statement on March 31, 2023 stated that it has launched a cybersecurity review of Micron’s products sold in China pursuant to the National Security Law (2015),...more
On February 24, 2023, the Cyberspace Administration of China (“CAC”) officially promulgated the Standard Contract Measures for the Export of Personal Information (the “SCC Measures”), which will come into effect on June 1,...more
Article 38 of China’s Personal Information Protection Law (“PIPL”) enacted in 2021, which is more demanding than GDPR in Europe, provides three channels to conduct the outbound transfer or export of personal information...more
2/24/2023
/ Certification Requirements ,
China ,
Cybersecurity ,
Data Privacy ,
Data Processors ,
Data Security ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Information ,
Personal Information Protection Law (PIPL) ,
Standard Contractual Clauses
On December 16, 2022 – less than six months after the initial version (“V1.0”) was released in June 2022, and within six weeks after the draft revision was issued on November 8 – the National Information Security...more
Outbound Data Transfer Security Review Measures -
On July 7, 2022, the Cybersecurity Administration of China (“CAC”) issued the Outbound Data Transfer Security Assessment Measures (“Security Assessment Measures”) effective...more
7/27/2022
/ China ,
Contract Terms ,
Cybersecurity ,
Data Protection ,
Data Security ,
International Data Transfers ,
Personal Information ,
Personal Information Protection Law (PIPL) ,
Popular ,
Public Comment ,
Sensitive Personal Information ,
Standard Contractual Clauses
In China, personal information (“PI”) may be transferred overseas when it is essential for business operations, subject to a number of conditions as stipulated under the Personal Information Protection Law (2021) (“PIPL”),...more
The Ministry of Industry and Information Technology (“MIIT”), following the first round of public comments which concluded on October 30, 2021, published a new draft of the Administrative Measures on Data Security in the...more
Yesterday, the US Department of Homeland Security, on behalf of the interagency Forced Labor Enforcement Task Force (Task Force), published a Notice in the Federal Register that seeks public comment on the implementation of...more
China Publishes Draft Amendment to Company Law -
The Standing Committee of the 13th National People’s Congress issued the draft Amendment to the Company Law (“Amended Company Law”) on December 24, 2021 for comment through...more
On December 27, 2021, the National Development and Reform Commission (“NDRC”) and the Ministry of Commerce jointly issued the Special Administrative Measures (Negative List) for Foreign Investment Access (2021 Edition)...more
1/11/2022
/ China ,
Comment Period ,
Critical Infrastructure Sectors ,
Data Security ,
Foreign Direct Investment ,
Foreign Investment ,
Free Trade Zone ,
Initial Public Offering (IPO) ,
National Security ,
Proposed Rules ,
Securities Regulation ,
Variable Interest Entities