China Market Intelligence

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.  Most companies are taking a wait-and-see approach until key concepts are defined in more detail.

New standards updating China’s cybersecurity Multi-Level Protection Scheme (MLPS), went into effect December 1, officially ushering in the MLPS 2.0 era with an expanded scope. To better understand how the MLPS 2.0 framework is impacting foreign businesses, USCBC...

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 also committed to major purchases of US goods above 2017 levels. The dispute resolution mechanism aims to ensure faithful implementation.

After years of negotiations and months of speculation about its content, US and Chinese negotiators signed and released the Phase One trade agreement on January 15. The complete text of the agreement is available...

January 22nd, 2020
By Angela Deng
These openings will occur in China’s asset management, insurance, banking, credit rating, and futures industries. Financial liberalization will come in the form of not only expected approval of pending licenses but also acceleration of implementation of structural reforms and relaxation of regulatory requirements that are in line with China’s domestic interests.

The pace of financial openings in China is expected to accelerate this year, driven not only by the conclusion of the US-China...

December 11th, 2019
By Yue Chen and Hanchen Zheng
While the new blueprint serves as a supplement to MIC 2025, the target goals are different from those of the original policy. Unlike MIC 2025, the new policy document calls for more market-oriented measures to upgrade China’s manufacturing industry, a potentially positive development for foreign companies.

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...

December 11th, 2019
By Antonio Douglas
Several measures that implement concepts present in China’s Cybersecurity Law were released over the last year. CII, important data, and cross-border data flow concerns remain unresolved.  Several regulations remain in draft form with no discernible timeline for further comment periods or finalized releases.

This past year finally saw more specific guidance on cybersecurity reviews, critical information infrastructure (CII), cross-border data transfers, and personal information, though many...

October 30th, 2019
By Angela Deng and Yue Chen
The corporate social credit system and other administrative measures will be a key tool for China to enforce its IPR regime. This raises a variety of concerns regarding transparency, effectiveness, and fairness of the system. How foreign companies will be impacted by these measures will depend on how China balances administrative enforcement with the implementation of its other mechanisms to protect and enforce IPR.

The Chinese government is exploring the use of its corporate social credit...

October 15th, 2019

Dear USCBC members,

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.

The draft implementing...

August 7th, 2019
By Chris Miller and Owen Haacke
China’s latest national-level law enforcement campaign has led to ramped-up policing and changes in law enforcement strategy according to USCBC member company experts. Maintaining legal compliance, particularly with regard to taxation and accounting, greatly reduces the risk of raids and/ or travel bans. Employees traveling to or based in China should be aware of additional risks prior to travel.

In July of last year, several arms of China's government released the first in a series of...

August 7th, 2019
By Angela Deng
Most of the openings are unlikely to have a significant impact on foreign companies. While some of the opening measures repeat previous promises, it is unclear if the announcements signal China’s intention to make significant movements in these areas. Whether real openings are achieved depends on the details of implementing regulations, if any will be released.

On July 20, China announced 11 opening measures for its financial services industry. While they have been portrayed in the media as...

June 19th, 2019
By Jack Kamensky and Chris Miller
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.

Each year, the...

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