Polysilicon is a pure form of silicon and an essential element in the supply chain of solar photovoltaics, which harness solar power. Roughly 80 percent of the world's polysilicon comes from China. The United States Geological Survey describes rare earths as follows: The rare earths are a relatively abundant group of 17 elements composed of scandium,
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 Uyghur Forced Labor Prevention Act (UFLPA) is making life increasingly difficult for small American importers. With limited resources and little control over their Chinese suppliers, many businesses struggle to meet CBP's demanding documentation requirements. Is this an unintended consequence of the law, or part of a broader effort to reduce American dependence on China?
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
Pursuing an individual or business in China is notoriously difficult for several reasons. One of them is that at the outset of any lawsuit, a complaint needs to be filed and served – meaning, it must be demonstrated to the Court that the complaint was provided to the named defendant(s) in a satisfactory manner. The
Our international manufacturing lawyers have been working with a ton of companies that are looking to pull their manufacturing from China and move it elsewhere, to places like Mexico, Colombia, India, Vietnam, Thailand, etc. One of the first questions we ask when providing legal counsel regarding such moves is who owns the IP related to
China Representative Offices Is your company considering setting up a Representative Office in China? You will likely find that the process is not as easy as it used to be. In many cases, plans for a Chinese Rep Office result in creating a Wholly Foreign-Owned Enterprise (WFOE), which is one significant step beyond a Rep
Paying lawyers can seem expensive, even if they are only mediocre lawyers. But good lawyers can often save you money because they can save you from your own mistakes. They do that by having both the experience and gravitas to teach you from others’ mistakes. I wrote in a previous post about the PPE nightmare
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
