China designates four pilot areas for foreign investment into telecommunications without ownership caps; CFIUS may be allowed to request more information on transactions that were not filed with them; and CSRC proposes tighter controls on programme trading
U.S. expands its ban on forced labor and restricts domestic companies from supplying Chinese microchip factories; NFRA publishes draft measures designed to improve loan syndication in China and align with international standards; and Chinese EV company CH Auto Technology merges with a Delaware SPAC company.
U.S. Biden Administration issues EO restricting sale of information to China and other countries; Nippon Steel's merger with U.S. Steel to be scrutinized over China operations; and China begins second reading of State Secrets Law amendments
Antitrust filing thresholds for business turnovers are raised
CSRC clarifies M&A thresholds
The U.S. released new regulations that will bring SPAC disclosure requirements more in line with traditional IPOs; First Chinese VC firm is included in U.S. Defense Department's military-related company list; and China is working on expanding its Anti-Money Laundering Law to cover virtual assets
Antitrust filing thresholds are raised
In 2023, significant U.S. restrictions were placed on Chinese interests. Charles Wu of Clyde & Co reviews the legislative changes, and offers practical insights into their potential impact, and the path forward in 2024
Entities doing business in the U.S. must report information about their beneficial ownership to FinCEN; China bans researchers for listing AI-generated content as a co-author of their papers; and Italian Generali conducts first-ever foreign insurance acquisition in China
Current sanctions, the risk of future sanctions, and foreign investment controls are some of the increasingly prominent challenges facing merger & acquisition (M&A) deals involving Chinese parties this year. While there is no universal solution for each transaction, there are still ways parties and lawyers can minimize the risk of problems arising.
