Different regions in China offer a variety of incentives for foreign businesses to establish local research and development (R&D) centers. However, a divergence between central and local policy and the perceived sensitivity of foreign-sponsored R&D have prompted concern from foreign companies looking to enter or expand their presence in the R&D space. While USCBC member companies have developed strategies to mitigate these challenges, they acknowledge clear limitations in the...
China Market Intelligence
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August 25th, 2021
Since being introduced in China’s Cybersecurity Law in 2017, the concept of “important data” has been shrouded in obscurity, while its legal significance has continued to grow. Foreign companies are concerned and unsure if the data they collect will be captured under the important data umbrella, which would subject them to stringent data localization requirements and restrictions on cross-border data flows. Notably, the finalized Data Security Law expanded cross-border data flow restrictions...
August 25th, 2021
On July 26, China’s Ministry of Commerce unveiled the Special Measures for Cross-Border Services Trade at the Hainan Free Trade Port, Hainan’s first negative list for the cross border services industry. The measures, which go into effect on August 26, specify 70 areas where overseas service providers are restricted from conducting business across 11 sectors, including retail, transportation, finance, business services, and education. Foreign service providers are allowed to operate in areas...
August 25th, 2021
Despite US-China tensions, COVID-19, and continued tariffs on both Chinese and US goods, US exports to China remain strong and have reached record levels so far this year. Through the first half of 2021, US goods exports to China increased nearly 44 percent compared to the previous year. The data for 2021 is compared with a low 2020 base, but when compared to years prior, 2021 exports still remain historically high. So far, US exports to China are 21, 11, and 37 percent higher in 2021 than...
August 20th, 2021
On August 20, China’s National People’s Congress passed the Personal Information Protection Law (PIPL), which will enter into force on November 1, 2021. Based on the European Union’s General Data Protection Regulation, PIPL establishes consent as the primary mechanism for collecting personal information and allows for the cross-border transfer of personal information to an overseas recipient so long as there is a contract that meets the standards of the Cyberspace Administration of China (...
August 18th, 2021
On August 16, 2021, the State Council released the Critical Information Infrastructure Security Protection Regulations, which will go into effect September 1. The regulations finalize a previously issued draft from 2017, adding long-awaited provisions for determining what qualifies as critical information infrastructure (CII) in China. CII is a broad concept formalized in China’s 2016 Cybersecurity Law which requires more stringent cybersecurity rules for its operators.
August 11th, 2021
A significant outbreak of the delta variant of COVID-19 has spread to more than 200 counties and municipal districts across China, affecting 18 of the country’s 31 provinces. While the outbreaks are not as severe as the earliest days of China’s first COVID-19 lockdowns in March 2020, the fluidity of the current situation has led to interspersed and ongoing rollouts of restrictions from various administrations and regional governments. Several provinces are strongly discouraging any non-...
August 11th, 2021
China’s “takedown” of the ride-hailing app DiDi last month, just after its IPO on the New York Stock Exchange, is indicative of just how fast China’s data security regime is developing. The link between data and national security has implications that are becoming more real, both for high-profile Chinese companies and foreign companies. While it came as a surprise, the DiDi case is just one small component of a months-long campaign to proactively regulate apps and internet companies, often...
August 11th, 2021
China has seen several high-level personnel changes both at central and provincial level over the last few months. In late July, China appointed a new ambassador to the United States, Qin Gang (秦刚), after his predecessor, Cui Tiankai (崔天凯), retired. For details on Qin’s background, please refer to USCBC's past work. In addition, a new agency, the National Disease Prevention and Control Administration (NDPCA), was established at the vice-ministerial level under the National Health Commission...
July 28th, 2021
Now that President Joe Biden has confirmed his Cabinet and named multiple top advisors, his administration is nominating senior leaders to oversee some of the most integral tools used to compete with China. Many of Biden’s picks have worked in government for decades, across both parties and multiple administrations. This article maps out Biden administration nominees that, if confirmed, will lead some of the most important bureaus and agencies with a stake in the US-China commercial...
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