China Updates

China Updates

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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China Releases New Rules to Ease Burden on Cross-Border Transfer of Data
May 16, 2024

On March 22, 2024, the Cyberspace Administration of China (the “CAC”) released the highly anticipated Provisions on Facilitating and Regulating Cross-Border Data Flow (《促进和规范数据跨境流动规定》) (the “Data Flow Regulation”), effective immediately. The Data Flow Regulation eliminates obstacles to cross-border personal information (the “PI”) transfers in various routine international business dealings and fac [...]