1. Essential Practices when Providing Services to Chinese Companies Securing payment should be your prime concern when providing services to Chinese clients. To mitigate potential issues, our China transactional lawyers incorporate certain clauses in their service contracts they draft for our clients, including provisions mandating the following: 1. Upfront Payment: A substantial initial payment should
I personally have dealt with more than two dozen exit ban matters in China. Around half of these were clear, in that the person banned from leaving China was told very explicitly not to leave, and in each case they knew why. The others were quite unclear, and involved people in China who feared they
As the China-US geopolitical environment continues be problematic, our clients and prospective clients have pivoted from joint venture relationships to distribution and similar licensing-type relationships. This is not a one-sided trend. We are seeing an increase in these distributor relationships going both into China and out of China. From the questions we receive, we see
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
