In line with international and European developments, Ireland has introduced a new regime to provide for a process to allow for certain transactions that may present risks to the security or public order of the State to be...more
The updated Directive aims to modernize the existing liability regime, in particular in the light of past and future technological developments as well as the challenges faced by plaintiffs in proving a claim. According to...more
On September 30, 2024, China’s State Council issued the Regulations on the Export Control of Dual-use Items (the “Regulations”), which will take effect on December 1, 2024. This marks the first time the Chinese government has...more
Suppliers and contractors from China: The panacea for the capacity problems and price increases in the European offshore wind market? The European offshore wind nations – similar to many other nations worldwide – have very...more
China has been imposing temporary controls on some graphite items as a long-standing practice. Starting from December 1, 2023, China will impose formal export controls on the three highly sensitive graphite items that were...more
USTR announced that the actions arising from the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation would continue in light of hundreds of...more
Companies in the life sciences and health care industry, like most companies, navigated unparalleled challenges in 2020. But unlike other industries, they had to do so while simultaneously facing the biggest challenge of all...more
After eight years of negotiation, the Regional Comprehensive Economic Partnership on Trade (RCEP), the world's largest regional trade agreement, was signed in an online ceremony on 15 November 2020. The trade deal lowers...more
On 19 September 2020, China's Ministry of Commerce (MOFCOM) published the Provisions on the Unreliable Entity List (Order No.4 of 2020) (provisions), which immediately came into effect. It has been over one year since MOFCOM...more
On 14 July, the same day the president signed into law the Hong Kong Autonomy Act (the act), President Trump issued the Executive Order on Hong Kong Normalization (the EO) directing federal agencies to impose a range of trade...more
On the evening of 30 June 2020, the Hong Kong Government gazetted the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (NSL) with the new law taking...more
On June 28, 2010, the Standing Committee of China's National People's Congress (NPC) reviewed the second draft of China's Export Control Law (the "Law"). Six months had passed since the Law was first reviewed by the NPC in...more
On 29 June 2020, the final rule expanding the military end user/user controls (MEU) issued by the Bureau of Industry and Security (BIS) went into effect. On 26 June 2020, BIS issued an FAQs guidance document that provides...more
On 24 June 2020, the United States Department of Defense made public a list of Chinese companies operating in the U.S. that are associated with the Chinese military. ...more
On 31 March 2020 the China Ministry of Commerce, the National Medical Products Administration (NMPA), and the General Administration of Customs (GAC) issued the Notice on the Orderly Exportation of Medical Supplies...more
The outbreak of novel coronavirus 2019-nCoV ("Coronavirus") is an extraordinary challenge for many transactions involving Chinese companies. In this section, we analyse its impact on certain key aspects of mergers and...more
2/18/2020
/ Best Practices ,
China ,
Coronavirus/COVID-19 ,
Corporate Sales Transactions ,
Covered Transactions ,
Financial Markets ,
Force Majeure Clause ,
Infectious Diseases ,
Investment ,
Investor Protection ,
Investors ,
Joint Venture ,
Market Conditions ,
Material Adverse Effects ,
Public Health ,
Risk Management ,
Share Purchase Agreements
With the novel coronavirus (2019-nCoV, the "Coronavirus") spreads globally at alarming speed some countries have responded to the crisis by taking measures such as restricting or denying importation from China and requiring...more
2/18/2020
/ Air Cargo ,
Best Practices ,
China ,
Contract Terms ,
Coronavirus/COVID-19 ,
Exports ,
Force Majeure Clause ,
Imports ,
Infectious Diseases ,
Ports ,
Public Health ,
Risk Management ,
Safety Standards ,
Shipping ,
Shipping Cargo ,
Trade Policy ,
Vessels ,
World Health Organization
On 15 January 2020, President Donald J. Trump and Chinese Vice Premier Liu He signed a “Phase One” Agreement between the United States and China, a truce halting the escalating trade tensions between the two global trading...more
Two years after the release of the first draft of the Chinese Export Control Law (the Law) in 2017 (the 2017 Draft), on 28 December 2019, a revised draft was published on the website of the National People's Congress for...more
1/8/2020
/ China ,
De Minimus Quantity Exemption ,
Dual Use Goods ,
End-Users ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Licensing Rules ,
Military End Use ,
Military Goods ,
Policies and Procedures ,
Trade Policy ,
Use in Commerce
Two years on since the first draft, the final act of the legislative passage saga of the long-awaited People's Republic of China Encryption Law ended with its promulgation on 26 October 2019. It will take effect on 1 January...more
Recent actions by the U.S. Department of State underscore the Trump administration's efforts to use a "whole of government" approach to address perceived national security threats posed by China.
While these actions do not...more
On 7 October 2019 the U.S. Department of Commerce's Bureau of Industry and Security (BIS) expanded the Entity List, restricting certain transactions with 28 Chinese entities.
...more
10/16/2019
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
China ,
Doing Business ,
ECCNs ,
Economic Sanctions ,
Educational Institutions ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Entities ,
Human Rights ,
Research and Development ,
Surveillance ,
Universities
Consumer companies on both sides of the Pacific are feeling the impact of the U.S.-China trade war. Targeted by the retaliatory tariffs imposed by both governments and already feeling price pressure as consumer confidence has...more
9/10/2019
/ China ,
Economic Downturn ,
Exports ,
Imports ,
Requests for Exclusion ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trade Retaliation ,
Trade Wars ,
Trump Administration ,
US Trade Policies ,
USTR
China is marching on to be the world's pioneering cashless society but unfortunately there is an almost complete absence of foreign counterparts in the huge Chinese domestic or cross border transactions initiated from China....more
8/27/2019
/ China ,
Critical Infrastructure Sectors ,
E-Commerce ,
Foreign Investment ,
Foreign Investment Entities (FIEs) ,
Internet Retailers ,
Licensing Rules ,
Payment Services Directive ,
PBOC ,
Regulatory Oversight ,
Telecommunications ,
Third Party Payments
Between July and August 2019, China's State Administration of Foreign Exchange ("SAFE") made one step forward towards China's comprehensive foreign exchange reform. The local branches of SAFE in China's 12 Free Trade Zones...more