On November 15, China’s National Development and Reform Commission (NDRC) released the Guiding Opinion to Deeply Integrate Advanced Manufacturing and Modern Service Industries, outlining a plan for updating China’s manufacturing capabilities by 2025.
China Market Intelligence
This past year finally saw more specific guidance on cybersecurity reviews, critical information infrastructure (CII), cross-border data transfers, and personal information, though many of the policies remain in draft form.
The Chinese government is exploring the use of its corporate social credit system (SCS) as an intellectual property rights (IPR) enforcement tool. Under this system, placement on a new patent infringement blacklist released by China’s National Intellectual Property Administration (CNIPA) will, in turn, damage a company’s social credit rating. CNIPA is working closely with the State Administration for Market Regulation (SAMR), which will also rely on the SCS and other administrative measures...
The Ministry of Justice (MOJ) has provided USCBC with an advance copy of its draft implementing regulations for the Foreign Investment Law (FIL). The FIL was passed by the National People’s Congress in March and, along with its implementing regulations, will come into effect on January 1, 2020. In May, USCBC provided input to China’s National Development and Reform Commission on what the implementing regulations should include.
In July of last year, several arms of China's government released the first in a series of documents detailing the country’s latest national crime reduction campaign, encouraging stronger enforcement of existing laws and regulations. While several similar initiatives have occurred in the past, many US companies and risk management experts note that consistent rule-of-law type enforcement is the new normal.
On July 20, China announced 11 opening measures for its financial services industry. While they have been portrayed in the media as game-changing, very few of the openings are in sectors that US financial services companies are interested in. For those measures in sectors of interest, the reforms could lead to real openings only if China removes the underlying regulations and requirements that ultimately act as barriers to entry.
Many of China’s standardization policy goals for 2019 have positive implications for foreign companies, including efforts to make standards setting more market driven, effective, transparent, and reflective of industry feedback. Efforts to harmonize domestic and international standards could bring benefits to foreign companies, although Chinese international standards-setting ambitions raise concerns about China using its influence to inappropriately benefit Chinese companies.
In anticipation of further openings, global asset managers, who still represent a small share of China’s market, have begun engaging with local regulators and searching for potential partners.
President Xi recently pledged improvements to market access, IP protection, competitive markets, and monetary policy among other issues. Still, insufficient transparency surrounding opportunities for foreign companies to participate in projects continues to cloud companies’ strategic planning around BRI.
China recently made a series of regulatory changes that took immediate effect and address US technology transfer concerns, including revisions to the Technology Import and Export Regulations and equity JV implementing regulations.