On September 28, 2023, the Cyberspace Administration of China published the draft Provisions on Regulating and Promoting Cross-Border Data Flows (“Draft Provisions”) for public consultation, demonstrating that China is trying to strike a balance between enhancing data security and promoting data-driven economic growth. Multinational companies with cross-border data transfers involving China are recommended to revisit
Catch Up Fast: The “Data Days” of Summer in China
The summer has been anything but slow in the People’s Republic of China. China is leaning into its regulation of emerging technologies, while attempting to strike a balance with its domestic economic priorities. In just the past few weeks, state authorities have issued a slew of draft measures and announced new initiatives – all with
Executive Order and Rulemaking on U.S. Outbound Investment
- Key takeaway #1 Issuance of Executive Order and Rulemaking: On August 9, 2023, President Biden issued a long-anticipated “Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (the “Executive Order”). The Executive Order, which the President issued pursuant to the
Mandatory Notifications (and Potential Prohibitions) on Outbound Investment in China Ahead?
On July 25, 2023, the Senate overwhelmingly approved a measure to add mandatory notifications of certain investments in China to the National Defense Authorization Act (“NDAA”). The Outbound Investment Transparency Act, authored by Senators John Cornyn (R-TX) and Bob Casey (D-PA), would require U.S. companies to notify the government of investments in certain Chinese sectors
China’s Revised Counterespionage Law and Recent Actions Highlight Challenges for U.S. Companies Operating in China
While the Biden’s administration’s recent corporate enforcement actions and initiatives have garnered significant press attention, China has engaged in recent months in a series of less-publicized corporate enforcement actions and initiatives against non-Chinese companies (mostly, but not exclusively, U.S.-based) operating in the country, including through new investigations, raids of China-based offices, and even detention of
Crowell & Moring Webinar – Forced Labor
Please join us for an update from our Supply Chain and Forced Labor team on the current state of the Uyghur Forced Labor Prevention Act (UFLPA), U.S. Customs and Border Protection (CBP) withhold release orders (WRO), findings, and how to successfully modify a WRO, submit WRO detention responses that work, and the timeline to have
Preparing for the “Surge”: Enhanced Corporate Enforcement is Coming
After a predictable lull in corporate enforcement actions during the recent transition between administrations, and following a near quarter-century low in such actions under the previous administration, the Department of Justice (“DOJ”) announced this week that a “surge” of corporate enforcement is coming. Recent comments from DOJ officials indicate that, in addition to a significant
China Releases “Fact Sheet” on U.S.’ Interference in Hong Kong
On September 24, 2021, the Chinese Ministry of Foreign Affairs (“MFA”) released the Fact Sheet: U.S. Interference in Hong Kong Affairs and Support for Anti-China, Destabilizing Forces (“Fact Sheet”) which sets out a comprehensive chronological list of events detailing the United States’ interference in Hong Kong. Click here to read the official translation of the
U.S. Government Issues Business Advisory – Warns Companies About Risks of Doing Business in Hong Kong
On July 16, 2021, several U.S. government agencies issued a business advisory highlighting for U.S. companies the risks of doing business in Hong Kong. The advisory, which was issued by the Departments of Commerce, Homeland Security, State, and the Treasury, stated that companies operating in Hong Kong face potential regulatory, financial, legal, and reputational risks
China Releases Guidelines on How to Develop Export Control Compliance Programs
On April 28, 2021, the Ministry of Commerce of China (“MOFCOM”) released an updated version of Guiding Opinion of the Ministry of Commerce on the Establishment of Internal Compliance Mechanism for Export Controls on Exporters of Dual-Use Items (“Order No. 10”) which was first published in August 2007 (“Order No. 69”). As an implementing rule