China

As the tensions between US and China continue to escalate, the two countries are both taking an increasingly protectionist stance against each other. Over the past few years, both US and China have adopted a series of rules and regulations that affect cross-border investments and cross-border commerce.

The US has significantly tightened its export controls regulations, often specifically targeting China and Chinese companies such as Huawei. Chinese investments in the US is facing the highest regulatory scrutiny in a long time, especially in the areas of sensitive personal data, critical infrastructure and critical technology. Meanwhile, China has adopted a series of actions, including the adoption of the Foreign Investment Law, aiming to encourage foreign investment. However, regulatory burdens on foreign investors are still high.

Haynes Boone developed this resource center to keep track of key legal/regulatory developments in both the US and China that could affect US-China cross-border investments and cross-border commerce. We aim to help companies and investors better understand the practical aspects of these developments and stay nimble to achieve their cross-board investment/commerce goals.

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China’s Data as a Fifth Market Production Factor – an Asset on Your Balance Sheet
September 23, 2024

China believes that data serves as the foundation of digitization and national development, which will shape its future development. In that regard, as early as March 30, 2020, China published the "Opinions of the Communist Party of China Central Committee and the State Council on Instituting More Thorough Systems and Mechanisms for Market-based Allocation of Production Factors (《中共中央、国务院关于构建更加完善的 [...]