I am lately getting a ton of calls from reporters wanting examples of companies leaving China because of its increasingly oppressive cybersecurity, data security and counter-espionage laws. When I tell them I have no such examples, they are surprised. I then explain how companies tend to believe they are capable of navigating such things and
By Tom McVey & Ngosong Fonkem* If your company is doing business with a Chinese company, it is essential to be aware of the risks associated with prohibited parties under U.S. export control and sanctions laws. The United States has strict regulations prohibiting U.S. companies from engaging with certain foreign individuals and entities. These include
Earlier this month I testified before the U.S. Congress’s U.S.-China Economic and Security Review Commission regarding Rule by Law in China. Go here if you wish to see my testimony and/or the full day of testimony given by various far more expert China law professors. This is the third time I’ve testified before a Congressional
The UFLPA, the Question of Legislative Intent, and Its Impact on SMEs Since the launch of the Uyghur Forced Labor Prevention Act (UFLPA) in the summer of 2022, there has been an undercurrent of discussion in the trade community regarding the law’s real intent. Is the law intended to weed out products made with Xinjiang
With the wave of news surrounding due diligence company crackdowns in China, with Mintz Group and Bain & Co. as the highest profile targets to date (see here and here), a reporter reached out to inquire how legal practitioners are dealing with this diminished access. She wanted to know whether and how this complicates business
Last week saw a flurry of activity with three new AD/CVD petitions: (1) Boltless Steel Shelving Units from India, Malaysia, Taiwan, Thailand, and Vietnam (AD only); (2) Brass Rod from Brazil, India, Israel, Mexico, South Africa, and South Korea (AD/CVD); and (3) Non-Refillable Cylinders from India (AD/CVD) Two of these petitions are sequels of AD/CVD cases
In a few weeks I will be testifying before the U.S.-China Economic and Security Review Commission, and this is causing me to become a bit obsessed with US-China terminology. It is also making me increasingly tired of talking about “decoupling” and “cold wars” when there seems to be no clear definition for either. 1. On
With the recent slew of foreigner arrests in China for what many assume to be political reasons, the number of clients asking me about the risks to their employees in China has soared. This post is meant to help quantify the arrest/seizure risks to foreigners in China. 1. China as One Giant Casino In How
TikTok has been in the news a lot lately, especially since its CEO Shou Zi Chew’s contentious testimony before the U.S. House Committee on Energy & Commerce. Americans are responding by asking different questions. Some, presumably including most of those who enjoy, and perhaps even create, TikTok content, ask, “Why are we whipping ourselves into
It was revealed today that China raided a large and well-known American company earlier this week, seizing five of its staff and shutting down its operations in China. This is a big deal and I thought it important I write about it as soon as possible. 1. Factual Background on the Raid My facts regarding
