China Market Intelligence

April 10th, 2019
By USCBC Staff
Across meetings, officials committed to finalizing a bilateral agreement, but concerns about a unilateral enforcement mechanism and the rate of tariff reductions are stalling the process. Chinese data regulators have adopted a more accommodating perspective on data localization requirements; final implementation will occur only after bilateral talks conclude. China’s new Foreign Investment Law is being held up as a sign of progress made on foreign company issues. USCBC is collecting detailed...
March 27th, 2019
By Chris Miller

Two major developments have emerged in ecommerce in China over the past year: the Ecommerce Law, which took effect January 1 of this year, and the concerted effort directed by the State Council to improve the environment for cross-border goods sales to the benefit of both consumers and retailers. As is often the case with policy developments in China, implementation and enforcement is key, and the specific implications of these initiatives are becoming more clear. The US-China...

March 27th, 2019
By Chynna Hawes and Jack Kamensky
Recent developments, such as the incorporation of the State Council Legislative Affairs Office into the Ministry of Justice, have increased the role of the Party in China’s legislative process. At the same time, efforts to improve legislative procedural processes provide increased opportunities for companies to participate, such as open comment periods and engaging with experts, associations, and academics involved in drafting legislation.   

China’s legislative process continues...

March 27th, 2019
By USCBC Staff
Despite the March 2018 government restructuring, many reforms continue to be carried out. China’s annual work plan for 2019 is expected to be released in April. The ongoing trade negotiations may impact the outlook for several industries and issues.  

At last year’s National People’s Congress (NPC), China launched a massive government restructuring to streamline policymaking and enforcement. Throughout the months-long reorganization process, the government continued to move ahead...

March 27th, 2019
By Ricky Altieri
China expedited approval of a new Foreign Investment Law. VAT taxes will be reduced in manufacturing, construction, and transportation. Premier Li announced increased support for infrastructure and easing of credit access, but without new commitments of government spending. The Supreme People’s Court echoed earlier commitments to continue improving the intellectual property environment.

This year’s National People’s Congress (NPC) which took place March 5-15 included a few key...

March 15th, 2019

China’s National People’s Congress today finalized and passed its new Foreign Investment Law (FIL) (unofficial English translation) on the last day of its session. While some improvements were made since a revised draft was released in December 2018, questions remain that will need to be worked out in implementing regulations. The law will take effect on January 1, 2020.

The December draft made changes to a version originally released in 2015; USCBC submitted comments on the draft in...

March 13th, 2019
By USCBC staff

US-China Business Council (USCBC) sources indicated this week that China’s draft Foreign Investment Law (FIL) continues to be revised as it nears final consideration by the National People’s Congress (NPC), even though a final draft has not been released publicly. Some expected changes appear to address concerns raised by the US government in its Section 301 case, as well as by USCBC on issues related to protection of intellectual property during regulatory processes.

March 13th, 2019
By USCBC Staff

The US-China Business Council (USCBC) is tracking developments at the ongoing National People’s Congress (NPC), China’s highest legislature, which began in Beijing on March 5. On the first day of the NPC, Premier Li Keqiang announced certain tax cuts and spending increases for infrastructure projects. USCBC provided more detailed reporting on Li’s speech here.

USCBC will continue updating member companies on developments at the NPC that impact the business...

March 13th, 2019
By USCBC Staff

The victory could improve US farmers’ ability to compete in the Chinese market, but prospects for China’s implementation of the ruling are still uncertain. Reversing the impact of subsidies may take considerable time.

Due to an insufficient number of judges on the WTO appellate body able to hear a US-China case, an appeal by China could leave the dispute and the subsidies in limbo.

On February 28, a World Trade Organization (WTO) arbitration...

March 13th, 2019
By Jack Kamensky
At the end of 2018, China implemented a new nationwide negative list to govern market access for all market entities, both foreign and domestic. Foreign companies will now have to reference both this list as well as the negative list for foreign investment. The negative list will not create market access openings without changes to the laws and regulations it is based on.

China has touted its new nationwide negative list system of investment management as an improvement to the investment...