The 19th Session of the 11th National People’s Congress last week revised the criminal code to make it a crime for a company to intentionally withhold employee wages. A company that does this is subject to criminal fines and the responsible individuals are subject to imprisonment for up to seven years. This is a significant
It sometimes seems all of our clients from China possess both a China and a United States passport. That's an exaggeration, of course, but an increasing number of Chinese businesspeople appear eager for dual citizenship, especially as China makes it more difficult to leave. Though many in China covet a second passport, they often underestimate
China is virtually the sole supplier of rare earths to the world and it is heading towards that same position for polysilicon. The reasons are almost exclusively related to the peculiar way primary industry operates in China. What is occurring is an exchange with few benefits to either side. There are two areas of dispute
I have always thought it a mistake for a company not to have a quality control inspection done of its China products before shipping. The Quality Inspection Blog has a post, How much does an inspection in China cost? that puts the need for QC inspections into focus. The post starts out talking about the
The International Business Law Advisor Blog did a post, entitled, 6 Key Provisions You Should Include in Your International Licensing Agreements. I borrow extensively from that post for this one, but tailor it more towards China. I list out IBLAB's tips in bold and then provide its explanation in normal font. My comments in italics
David Wolf at The Silicon Hutong blog just came out with a superb post riffing on the meaning of guanxi. The post A Few Notes on Guanxi [Link no longer exists] more accurately and concisely defines guanxi than anything I've seen. It is so good and so important, I feel I have no choice but
Our clients are always talking about where to invest in Asia, even more so in light of recent concerns about China no longer being a preferred destination for foreign investment. I have argued consistently that China is one of the best places for foreign investment in Asia. The World Economic Forum's most recent Global Competitiveness
Understanding Letters of Credit Avoiding Pitfalls in International Transactions Letters of credit are complex financial tools that can be risky if not properly understood. This post will explain what letters of credit are, delve into potential complications, and provide advice to avoid risks when using them for international transactions. A Cautionary Letter of Credit Tale
Retailing in China: Three Hard Truths for Foreign Brands As China evolves from the “factory of the world” to a global growth engine, more foreign businesses are shifting their focus from manufacturing in China to selling their products there. These days, companies reaching out to our law firm are just as likely to ask how
Why NDAs Fail in China: Use an NNN Agreement Instead A few years ago, in The Power of China-Specific NNN Agreements, I explained why China NNN Agreements are so important when doing business with China. Within a few hours of that post, one of my law firm's China lawyers pointed out that if we are
