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
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 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 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
Following on the heels of U.S. trade negotiators’ return from China, on 1 August, President Trump abruptly announced via Twitter an “additional Tariff of 10 percent on the remaining 300 Billion Dollars of goods and products...more
8/14/2019
/ China ,
Currency Manipulation ,
Direct to Consumer Sales ,
Economic Downturn ,
Exports ,
Imports ,
Requests for Exclusion ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trade Retaliation ,
Trade Wars ,
Trump Administration ,
U.S. Commerce Department ,
U.S. Treasury ,
US Trade Policies ,
USTR
On 13 May 2019 China's State Council Tariff Commission announced a tariff exclusion process in which importers of certain U.S. goods subject to retaliatory tariffs can apply for exclusions from Chinese tariffs on a...more
On 28 May 2019, the Cyberspace Administration of China (CAC) released the draft Measures on the Administration of Data Security (Data Security Measures, see our in-house English translation here) for public...more
The cybersecurity classified protection regime attracted significant attention when it was included in the Peoples Republic of China (PRC) Cyber Security Law promulgated in 2017 (the CSL). The CSL mandates that network...more
The Social Credit System ("SCS") in the People's Republic of China is not a new concept.
But the Chinese Social Credit System is nothing if not controversial. There are two world views of the SCS, which paint diametrically...more
A Hogan Lovells study comparing regulatory requirements in the European Union, China, and the United States shows the complexity and uncertainty of the regulatory framework relevant to Internet of Things (IoT) in Europe.
...more
3/20/2019
/ 5G Network ,
Artificial Intelligence ,
China ,
EU ,
Infrastructure ,
Internet of Things ,
Net Neutrality ,
Popular ,
Regulatory Standards ,
Telecommunications ,
Wireless Industry
In this edition we survey the latest legal and regulatory developments across the global media and communications industry. We have a particular focus on new privacy laws.
...more
On December 29, 2017, the Standardization Administration of China, jointly with the PRC General Administration of Quality Supervision, Inspection and Quarantine, issued the Information Security Technology – Personal...more
11/14/2018
/ China ,
Consumer Protection Laws ,
Cooperative Compliance Regime ,
Cybersecurity ,
Data Collection ,
Data-Sharing ,
General Data Protection Regulation (GDPR) ,
Information Technology ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Regulatory Oversight ,
Regulatory Requirements