President Joe Biden's much-anticipated "Reverse CFIUS" executive order, which will require the screening of U.S. investments into China, will not apply retroactively, at least initially; The PBOC drafts rules on data security for its own business areas; and China aims to inject private captial into national infrastructure projects.
Tax is a key consideration when divesting a foreign investment, with a number of implications for a company's bottom line. Daisy Duan, Wang Yan and Chen Xiaohong of King & Wood Mallesons highlight the main impacts when exiting a Chinese investment
U.S. senators propose amendment to defense bill requiring the tracking of U.S. investments in China; Foreign firms are accelerating their push to decouple their data in China from the rest of the world; and China's commerce minister pledges to open up more opportunities to foreign pharmaceutical firms in a roundtable meeting
Jue Li and Joel Evans of DaHui Lawyers look at the difficulties foreign investors face when divesting from China, in particular those associated with dissolution and non-bankruptcy liquidation.
No Chinese companies have successfully listed overseas due to tight scrutiny from domestic regulators; A Beijing company succeeds in making a SCC filing for the cross-border transfer of data; and China announces measures to open up free trade zones in order to lure back foreign investors.
Shake Shack and Starbucks were summoned by Shanghai for excessive data collection; Hong Kong rules that trustees of keepwell trusts can gain monetary compensation for contractual breaches; and European Union firms blame regulatory hurdles and limited market access for record low investment into China.
The U.S. government is debating whether to renew the U.S.-China Science and Technology Agreement; AstraZeneca plans to break up its business in China and list it separately in Hong Kong; the Italian government applies Golden Power regulations to limit the influence of China's Sinochem on tyremaker Pirelli
Sanctions are an increasing area of business risk for those doing business with Chinese enterprises. Jianwei (Jerry) Fang and Chuchen (Julie) Hou of Zhong Lun Law Firm analyze so-called sanction-proof clauses and how they could assist businesses in China seeking to negotiate their ongoing business relationships.
