Huan Zhu
China Revises Lists Related to Foreign Investment
Recently, China has taken several measures that could potentially have an impact
on foreign investment in China, including expanding the list for encouraged
foreign investment and shortening the negative list for market access.
On December 28, the National Development and Reform Commission (NDRC) and the
Ministry of Commerce (MOFCOM) released
China Issues Export Controlled List of Commercial Encryption Technology
On December 2, 2020, China’s Ministry of Commerce and customs authorities issued
[http://www.mofcom.gov.cn/article/b/c/202012/20201203019733.shtml] the Import
Controlled List of Commercial Encryption Technology and Export Controlled List
of Commercial Encryption Technology, as well as licensing procedure for
commercial encryption technology imports
China Issues Draft Legislation on Personal Information Protection
On October 21, the Standing Committee of the 13th National People’s Congress
reviewed and issued the draft Personal Information Protection Law (
中华人民共和国个人信息保护法 (草案) [https://www.secrss.com/articles/26427]) to solicit public
comments. Comments are due by November 19, 2020. If passed, the law will become
China’s first
Chinese Anti-Monopoly Commission Issues Compliance Guide for Operators
On September 11, the Anti-Monopoly Commission of the State Council issued its
Anti-monopoly Compliance Guide for Operators (《经营者反垄断合规指南
[http://gkml.samr.gov.cn/nsjg/fldj/202009/t20200918_321796.html]》). The Guide is
an implementing document of the Anti-Monopoly Law and other relevant
regulations. It takes effect immediately.
The Guide consists
MOFCOM Issues Provisions on List of Unreliable Entities
On September 19, the Ministry of Commerce issued Decree No. 4 [2020] Provisions
on the List of Unreliable Entities (《不可靠实体清单规定》)
[http://www.mofcom.gov.cn/article/b/fwzl/202009/20200903002593.shtml] (“the
Provisions”), taking effect on the date of issuance.
This is part of China’s overall effort to create
Draft of Provisions on Trade Secret Protection Issued for Public Comment
On September 4, the State Administration for Market Regulation issued the
Provisions on Trade Secret Protection (Draft for Comment) (《商业秘密保护规定（征求意见稿）》
[http://www.moj.gov.cn/news/content/2020-09/04/zlk_3255345.html]), to solicit
public comments. Comments are due by October 18, 2020.
This Draft is to implement the
China Issues Adjusted Catalog of Technologies the Export of Which Is Prohibited or Restricted
On August 28, the Ministry of Commerce (“MOFCOM”) and the Ministry of Science
and Technology jointly issued Announcement [2020] No.38, Announcement of
Adjusting the Catalog of Technologies the Export of Which Is Prohibited or
Restricted (关于调整发布《中国禁止出口限制出口技术目录》的公告
[http://www.mofcom.gov.cn/article/b/xxfb/202008/20200802996641.shtml]