China Market Intelligence

February 10th, 2021
By Hannah Feldshuh

In March of 2021, China will articulate its cyber priorities within the 14th Five-Year Plan. Recent announcements from Chinese officials promoting technology self sufficiency, becoming a global model in digital technologies, and selectively opening the tech sector to foreign investment provide an early indication of what may be key focus areas in 2021. China is also expected to update two high-profile draft laws, which may pose challenges for multinational companies operating in China.

January 27th, 2021
By USCBC Staff

After years of reports of forced labor and wide-scale internment of the Xinjiang Uyghur population, on January 19, the outgoing Secretary of State Mike Pompeo formally labeled the situation a genocide. The decision reflects the continuous pressure exerted by the 116th Congress on the administration to address human rights concerns in Xinjiang, including a Senate resolution expressing that the Chinese government’s actions amount to genocide and urging the administration to address the issue...

January 27th, 2021
By Alison Schonberg

President Biden has inherited multiple US policies taken under the Trump administration to limit US investment in Chinese firms. In particular, a law on US listing standards and an executive order on companies affiliated with China’s military threaten to remove Chinese companies from US exchanges and more broadly, prevent US investors from holding securities of a growing number of Chinese companies. During its final days, the Trump administration pushed for fast implementation of these...

January 13th, 2021
By Matt Margulies

On December 30, the European Union (EU) and Chinese government announced that they had agreed in principle to a bilateral investment treaty, the Comprehensive Agreement on Investment (CAI), after 7 years of negotiations. The agreement appears to make modest progress in market access for EU investors in a few sectors, but does not appear to introduce dramatic changes to or openings in China’s commercial environment.

January 11th, 2021
By USCBC Staff

On January 9, China’s Ministry of Commerce (MOFCOM) released Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures (Chinese text, English text), with the stated aim of “protecting Chinese citizens, legal entities, and organizations registered in China from harm caused by unilateral actions that interrupt normal trade activity.” Effective immediately, the rules establish a MOFCOM-led interagency group to evaluate whether foreign laws are...

December 30th, 2020
By Hannah Feldshuh

As 2020 draws to a close, China’s Central Economic Work Conference (CEWC) convened from December 16 to 18 to discuss China’s economic priorities for the coming year. This year’s conference was largely consistent with existing goals to reboot and open the economy, strengthen intellectual property protection, and advance anti-monopoly regulation. It is uncertain how other government efforts, particularly those that aim to achieve self sufficiency in sectors like technology, will impact foreign...

March 18th, 2020
By Chris Miller

After years of under-regulation in online retail, China’s Ecommerce Law officially entered into force at the start of 2019. Although the law introduced sweeping reforms, the industry did not experience overnight change. China’s State Administration of Market Regulation (SAMR), the supervisory authority behind the law, has instead maintained a steady drip of measures and policies designed to implement and clarify various provisions of the Ecommerce Law. The result has been a more predictable...

February 19th, 2020
By Angela Deng

Companies generally agree that the IP commitments included in the Phase One agreement are a step in the right direction. Some industries are more confident than others that the commitments will improve the protection and enforcement of their IP rights in China in a tangible way. The 30-day window of time between the agreement going into effect and the release of China’s IP Action Plan provides an opportunity for industry to raise recommendations to both governments. 

January 22nd, 2020
By Antonio Douglas

Nearly three years after the Cybersecurity Law went into effect, regulatory clarity remains elusive, including around the MLPS 2.0. Many companies are conducting self-evaluations, with a few filing directly with MLPS 2.0.

January 22nd, 2020
By Pearson Goodman and Jake Parker

The agreement includes considerable positive developments on issues concerning financial services, agriculture, and intellectual property. China has committed to purchase $200 billion of US goods above 2017 levels. The agreement contains a dispute resolution mechanism that aims to ensure faithful implementation.