Certainties and Uncertainties Under China’s New Unreliable Entity List

Michael ZhangReid WhittenBy Michael Zhang and Reid Whitten on Posted in Global Trade

On September 19, 2020, China took a new strategic position in its ongoing trade confrontation with the United States. The Ministry of Commerce of the PRC (“MOFCOM”) issued Regulations on Unreliable Entity List (“UEL”) and drew wide public attention to the beginning of the PRC government’s retaliation against the Trump Administration’s recent restrictions on Chinese entities including Huawei, TikTok and WeChat. It is notable that MOFCOM deliberated with more than a year of internal discussion before implementing the UEL. Continue Reading

How the New Presidential Proclamation Regarding Non-Immigrant Visas Affects Your Company

Greg BerkJonathan E. MeyerBy Greg Berk and Jonathan E. Meyer on Posted in Labor Law

Presidential Proclamation

On June 22, 2020, the White House announced an extension and expansion of Proclamation 10014, which was originally announced on April 22, 2020 and restricted the issuance of and entry on immigrant visas.  The new visa ban expands the restrictions to certain non-immigrant categories. Continue Reading

Huawei Whack-A-Mole: The U.S. Takes Another Swing at the Chinese Semiconductor Industry

Reid WhittenCurtis DombekJ. Scott MaberryBy Reid Whitten, Curtis Dombek and J. Scott Maberry on Posted in Global Trade

On Tuesday, May 19, the U.S. Commerce Department published a regulation (effective May 15, 2020) that prohibits sale to Huawei of a microchip made to a Huawei specification, made outside the United States with non-U.S. materials, sent from a foreign country, by a foreign person.

To quote the philosopher, hol’ up.

How is that even possible? Continue Reading

Coming to America…to Wait Out the Coronavirus — Visa & Immigration Considerations

Greg BerkBy Greg Berk on Posted in Coronavirus, Labor Law, Other

With the growing concern about Coronavirus Disease 2019 (“COVID-19” or “coronavirus”) some foreign nationals who live outside the U.S. have decided to fly to the U.S. and wait out the crisis.  This article discusses the related visa and immigration issues, and what U.S. Customs and Border Protection requires to admit someone into the U.S.

Coronavirus
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Between a Rock and a Hard Place: Vitamin C and the Future of U.S. Antitrust Enforcement Against Chinese Companies *

Michael W. ScarboroughLeo CaseriaDylan BallardHelen EckertJoy O. SiuBy Michael W. Scarborough, Leo Caseria, Dylan Ballard, Helen Eckert and Joy O. Siu on Posted in Antitrust

点击此处阅读中文译文

Over the last three decades, government antitrust enforcers and private plaintiffs in the United States have increasingly sought to apply U.S. antitrust laws to conduct by foreign businesses that is deemed to have effects on the U.S. economy. Many of these foreign businesses have been located in Asia:  since the 1990s there have been waves of U.S. criminal prosecutions and civil cases alleging anticompetitive conspiracies between Japanese, Korean, and Taiwanese sellers and manufacturers.  For most of this time, however, companies in mainland China—despite being the largest exporters of goods to the United States, first in Asia and now in the entire world—have rarely been targeted for U.S. antitrust enforcement. Continue Reading

Antitrust Claims Against Telescope Manufacturer Ningbo Sunny Dismissed and Shot into Space

Leo CaseriaBy Leo Caseria on Posted in Antitrust

针对望远镜制造商宁波舜宇的反垄断诉讼驳回

On September 28, 2017, Judge Edward Davila dismissed an antitrust complaint filed by Optronic Technologies, Inc. (dba Orion) against Ningbo Sunny Electronic Co., Ltd., Sunny Optics, Inc. and Meade Instruments Corp.  The case is Optronic Technologies, Inc. v. Ningbo Sunny Electronic Co., Ltd., Case No. 5:16-cv-06370-EJD (N.D. Cal.). Defendants are represented by Leo Caseria and Mike Scarborough of Sheppard, Mullin, Richter & Hampton LLP. Continue Reading

Supreme People’s Court Enhances Data Privacy Protection

By Nicolas Ospina* and Lu Jin* on Posted in Other

In April of 2017, the Supreme People’s Court (“SPC”) and the Supreme People’s Procuratorate (“SPP”) passed and released a new judicial interpretation dealing with criminal infringement of citizens’ personal digital information (the “SPC Data Privacy Interpretation”)[1]. Approved and promulgated, the SPC Data Privacy Interpretation came into effect on June 1, 2017, and it enhances and clarifies existing criminal codes that deal with illicit possession, handling, and distribution of citizen’s digital personal information[2]. Continue Reading

Circular on Pilot Tax Policies for Venture Capital Firms and Individual Angel Investors

Xinlan LiuBy Xinlan Liu on Posted in Tax Law

In order to promote venture capital investment and to support small to middle sized business, the Ministry of Finance and the State Administration of Taxation have jointly promulgated the Circular on Pilot Tax Policies for Venture Capital Firms and Individual Angel Investors (Cai Shui [2017] No. 38 ) (the “Circular“) on April 28, 2017. The tax policy will be provisional in the pilot areas of Beijing-Tianjin-Hebei, Shanghai, Guangdong, Anhui, Sichuan, Wuhan, Xi’an, Shenyang, and Suzhou Industrial Park. Continue Reading

China Capital Controls: Best Practices for Accelerating International Payments

Jiamu SunBy Jiamu Sun on Posted in Global Trade

Following the depreciation of Chinese currency RMB and the reduction in China’s foreign exchange reserves[1], foreign companies and individuals in China have met hurdles in moving their money out of China, and overseas companies have experienced delays of payments by their Chinese business partners. This article will discuss the recent tightened controls over capital outflows from China to overseas and offer the best practical solutions to accelerate the funds transfer progress. Continue Reading

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