China Market Intelligence

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...

December 22nd, 2020

On December 19, China’s National Development and Reform Commission (NDRC) and Ministry of Commerce (MOFCOM) jointly announced the Measures on Foreign Investment Security Review (the “Measures”), which come into force on January 18, 2021. The Measures are final and were released without a public comment period. They indicate foreign investors with greater than 50 percent equity in identified sectors (among other conditions) should file a national security declaration to an interagency body...

December 16th, 2020
By Alison Schonberg

Since August, the United States has experienced a substantial uptick in trade with China. As China has recovered from the economic impact of COVID-19 and tried to meet Phase One purchase targets, exports have risen sharply. Total goods exports to China have increased nearly 10 percent through October, compared to the same period in 2019. Recent gains mitigated losses earlier in the year, as goods exports rose 17, 34, and 66 percent year-on-year in August, September, and October, respectively...

December 16th, 2020
By USCBC Staff

In recent discussions with the US-China Business Council, China’s Ministry of Foreign Affairs (MOFA) laid out the Chinese government’s intended approach to foreign engagement with the incoming Biden administration. While some of the messages sound similar to historic bilateral engagement, a few differences, particularly around the specifics of bilateral dialogue, were apparent.

December 16th, 2020
By Zhang Lipei and Zhang Chi

With international tech giants facing antitrust investigations in Europe and the United States for their dominant positions in the internet economy, the Chinese government is expanding its anti-monopoly regime to address similar competition concerns with its domestic digital platforms. China is paying particular attention to merger and acquisition (M&A) activity via variable interest enterprise (VIE) structures by its digital giants. The announcement follows a slew of general anti-...

December 2nd, 2020
By Chynna Hawes

Wednesday evening, the House unanimously passed the Holding Foreign Companies Accountable Act, which President Trump is expected to sign. The bill, which passed the Senate in May, would delist foreign companies that fail to come into compliance with Public Company Accounting Oversight Board (PCAOB) audit rules and disclosure requirements within 3 years. 

December 2nd, 2020
By Antonio Douglas

On October 21, 2020, the National People’s Congress (NPC) released the draft Personal Information Protection Law (PIPL). The draft law is set to become China’s first to comprehensively codify the rights of individuals over their personal data and the obligations of processors when collecting, processing, or transferring personal information. This makes the draft law analogous to the EU’s 2018 General Data Protection Regulation (GDPR). However, there are enough differences between both...

December 2nd, 2020
By Matt Margulies and Banny Wang

Working-level engagement between the US and Chinese governments on intellectual property (IP) rights issues is at an all-time high, but translating cooperation into tangible improvements in the regulatory environment for companies will take more time. Since the Phase One agreement went into effect, the Office of the United States Trade Representative (USTR), the United States Patent and Trademark Office (USPTO), The China National Intellectual Property Administration (CNIPA), and China’s...

December 2nd, 2020
By Chris Miller

USCBC’s Shanghai Office held its annual China Operations (CHOPs) conference in Shanghai on Tuesday, November 24. The program included more than 100 company representatives across industry. Companies and experts spoke candidly on a range of political and operational issues facing US companies doing business in China.