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 and 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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The Security Assessment Measures for Data Export (《数据出境安全评估办法》, hereinafter as “Measures”) were recently released by the Cyberspace Administration of China (“CAC”), and will become effective September 1, 2022. The Measures further define the requirement of security assessment by the government for outbound data transfers, as further defined below (“Data Export”) under the regime of China’s Data La [...]