barbed wire

"Made in China" Is a Warning Label, But …

On December 2, U.S. Customs and Border Protection (CBP) issued a withhold release order (WRO) against cotton and cotton products made by the Xinjiang Production and Construction Corps (XPCC). XPCC has been described as a “state within a state,” which “functions like a government in running schools, policing and health care facilities across a number

China business deals

Five Keys to International Consulting Contracts

Our international lawyers have been getting an increasing amount of work involving the provision of services across borders. International service agreements are more complicated than international product sales agreements because they typically involve an ongoing and more amorphous relationship without easily definable deliverables. It is easier to write a contract to buy 1,000 widgets from

China MOU LOI

China Unreliable Entity Regulations

On September 19, China’s Ministry of Commerce (“MOFCOM”) issued the Regulations on Unreliable Entity List (“Regulations”), which took effect on the same date. Though we have not seen an actual list of unreliable entities, the Regulations set out the general principles for the Unreliable Entity List (UEL) system. Who can be included on the UEL? The

China employment lawyer

Beware of China Lawyers

Yesterday I attended a USPTO webinar, How the U.S. government can help companies protect and enforce their IP in China. It was informative and I highly encourage anyone interested in IP protection in China to attend future webinars. Moreover, it brought back memories of my own stint in the government helping American companies protect their

End of Year China Employer Audits: A Checklist to Get Started

As we are in the third quarter of the calendar year, we are just starting to ramp up our employer-employee audit for our China clients. The importance of these audits has significantly increased over the years. The below is not intended to be an exhaustive list of what you should be working on to bring

guards

Your China Risk Factors in These Tense Times

China is (again) in the midst of a concerted government crackdown against foreign companies doing business in China. And if that is not bad enough, if your country has been deemed by China to have disrespected it by speaking out against forced labor or enhancing diplomatic relations with Taiwan, your own expatriate staff themselves may

China employer law

China Employment Law Compliance: Follow These Eight Tips

If you take the time to understand and act according to China’s key employment laws, you can prevent many of the problems foreign employers typically face in China. Investing the time and money up front is much less expensive than the alternative. These eight tips will help you stay on the right track. 1. Write

China NNN Agreements

China NNN Agreements: The Questions We Get

When our China lawyers are tasked with drafting a China NNN Agreement, they start by sending the client a tailored questionnaire. Then once they have the answers they draft the NNN Agreement in English (for the client) and in Chinese (the official version). Most of the time, our clients at that point take the NNN

Doing Business in China

China Updates its Negative Lists, Dropping Restricted Categories by Nearly 25%

In late June, China provided its 2020 updates to its Special Administrative Measures on Access to Foreign Investment (the “Negative List”), which outlines the economic sectors where foreign investment is prohibited or limited in some way. These 2020 updates were jointly issued by the National Development and Reform Commission (“NDRC”) and the Ministry of Commerce