Features & Analyses

• US Companies Face Compliance Dilemma as China Publishes Unreliable Entity List Rules

  With a new Chinese blacklist on one side and tightening U.S. export controls on the other, U.S. companies in China are between a rock and a hard place

  September 23, 2020

  

• Key Policies Driving U.S.-Listed Chinese Companies' Renewed Interest in Mainland China and Hong Kong Financial Markets

  Bing Xue and Yang Chen of Han Kun Law Offices examine why Chinese companies are heading home to list on the A-share market or HKEX and discuss key listing requirements and conditions for red-chip enterprises listing on the STAR Market and HKEX Main Board including the vetting process

  September 21, 2020

  

• Chinese Investment in EU Enters Uncharted Territory with New Investment Screening Reforms

  The EU foreign investment review regime is undergoing seminal reforms with Chinese investment in the crosshairs

  September 14, 2020

  

• Supreme People's Court Issues Guiding Opinions on the Handling of COVID-Related Cases

  Wan Jia, Liu Sichen and Hannibal El-Mohtar of Anjie Law Firm highlight some of the practical aspects of the SPC Guiding Opinions and their roles in the trial, practice and resolution of COVID-related cases

  September 04, 2020

  

• Chinese Investment in US Plummets Under Increased Scrutiny, But Not Impossible

  In 2019, China has lost its top spot for U.S. foreign investment reviews, a distinction it held since 2011.

  August 20, 2020

  

• TikTok Given Little Room to Maneuver as Broad Fears of Chinese Surveillance Prevail

  The case against TikTok is the latest example of growing U.S. scrutiny of the overseas operations of Chinese companies amid worsening relations between the two countries. The U.S. is especially concerned about potential Chinese access to the personal data of U.S. citizens.

  August 16, 2020

  

• Preparing for New Individual Income Tax Policies on Foreign Income

  Daisy Duan, Wang Yan, Chen Yijing and Sun Huanyu of King & Wood Mallesons discuss the newly announced individual tax policies and how it provides clarification on foreign income especially in relation to foreign tax credits, tax filing and cross-border secondments. They also provide suggestions on how to reduce compliance risk in light of the new tax policies

  August 07, 2020

  

• Is a VIE an Obstacle to a Merger Filing in China?

  Scott Yu, Frank Jiang, Rachel Li, Emily Xu and Derek Liu of Zhong Lun Law Firm discuss a recent joint venture between Yum China and Mininglamp that the firm advised on involving a variable interest entity (VIE) structure that received unconditional clearance from the State Administration for Market Regulation (SAMR), which is the first case of its kind in China. They also highlight key issues arising in a merger filing involving a VIE structure and offer some key practical guidance for VIE structured companies

  July 30, 2020

  

• Draft Data Security Law: Highlights and Commentary

  Jianwei (Jerry) Fang and Wenpei Yu of Zhong Lun Law Firm discuss the main features of the Draft Data Security Law including the definition of data, clarification of the scope of regulatory power, the new data mechanism, export control measures and increased penalties

  July 23, 2020

  

• Trump Administration Set to Sanction Foreign Financial Institutions Over Hong Kong

  Global banks are increasingly being forced to pick a side amidst U.S.-China hostilities

  July 17, 2020