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Articles by Jacob Harding
China And Hong Kong Expand Protections Over State Secrets
China recently enacted a revision to the PRC Law on Guarding State Secrets, and shortly after Hong Kong followed suit when it passed the Safeguarding National Security Ordinance. Read together, the two legislative actions broaden the scope of information within the purview of China's state-secrets regime and, in essence, expand the enforcement of China's state-secrets law to cover Hong Kong.
China Adds Additional Entities To The Unreliable Entity List
On May 20, 2024, the PRC Ministry of Commerce (MOFCOM) announced the inclusion of three U.S. companies on its unreliable entities list over sales of arms to Taiwan. We discussed the implementation of the Unreliable Entity List here. The move mimics similar designations in February 2023, which we wrote about here, and follows recent actions by the BIS and Treasury to apply new export controls and sanctions on Chinese entities for allegedly doing business with Russia.
International Trade 2023 Year In Review And Predictions For 2024
Geopolitical tensions and disruptions to the global market have continued to rise in recent years. It should come as no surprise, then, that 2023 saw the rollout of several new trade regulations, sanctions, and enforcement actions.
The Long Reach Of China's Anti-Monopoly Law - Antitrust, EU Competition - China
In a recent move with potential implications for foreign companies doing business with China-based individuals and entities, the Guangzhou Intellectual Property Court recently announced that it has accepted a case brought by a Chinese e-commerce company against Amazon Europe alleging a violation of China's Anti-Monopoly Law.
China's CAC Changes Course On Cross-Border Transfers With Draft Regulations
On September 28, 2023, the Cyberspace Administration of China (CAC) published Regulations to Standardize and Promote Cross-Border Data Flows (Draft for Comments) (the Draft Regulations). In current form, the Draft Regulations appear to clarify and walk back the requirements from prior regulations, including the Data Transfer Security Assessment Measures (Security Assessment Measures) and the Standard Contract Measures for the Transfer of Personal Information (the SCC Measures).
China's Amended Civil Procedure Law Expands Jurisdiction Over Foreign Disputes
In early September 2023, the Standing Committee of the National People's Congress adopted an amendment to China's Civil Procedure Law (the Amendment). The Amendment will go into effect on January 1, 2024. The Amendment provides clarity and legal justification for Chinese courts to assert jurisdiction over foreign-related cases that involve Chinese individuals or specific subject matter.
Chinese E-Commerce Company Sues Amazon Europe Under China's Anti-Monopoly Law - Antitrust, EU Competition - China
On August 22, 2023, the Guangzhou Intellectual Property Court announced that it has accepted a case brought by Mengbian, a Chinese e-commerce firm that operates an online store on the Amazon marketplace, against Amazon Europe for violation of China's Anti-Monopoly Law. Foreign companies should be aware that Chinese companies may attempt, and Chinese courts may accept, these types of cases despite the existence of forum selection and choice-of-law provisions in a contract.
Mobile Apps Seeking To Operate In China Must Conduct Filings With The MIIT Before April 2024
On August 4, 2023, China's Ministry of Industry and Information Technology (MIIT) issued the Notice of MIIT on the Filing of Mobile Internet Applications (the Notice) requiring mobile app developers to conduct a filing with MIIT, which should be viewed as a pseudo-approval process. The Notice will affect all mobile apps operating on internet networks in China. Mobile app developers or operators will have until the end of March 2024 to complete the filing.
China Places Export Controls On Raw Materials Used In Semiconductor Manufacturing
On July 3, 2023, the PRC Ministry of Commerce ("MOFCOM") and the General Administration of Customs ("GAC") announced the implementation of export controls on gallium and germanium items, effective August 1, 2023 (the "Announcement").1 The Announcement appears calculated to respond to semiconductor-related export controls imposed by the U.S. and its allies since 2022.
China's Regulations On Cross-Border Transfers Of Personal Information Now In Effect
In February 2023, the Cybersecurity Administration of China (CAC) issued the Measures for the Standard Contract for Outbound Cross-Border Transfer of Personal Information (the Measures) which became effective on June 1, 2023. It will be important for global companies to comply with these Measures. Currently, the CAC is one of the most active enforcement agencies in China.
Russia–Ukraine Conflict Increases Regulatory Risks For Sanctions Evasion Through Crypto-Based Transactions - Fin Tech - Worldwide
In response to Russia's invasion of Ukraine, the United States and dozens of its allies and partners around the globe have imposed what the White House has called "the most impactful, coordinated, and wide-ranging economic restrictions in history."1 Although Russia is still not subject to a complete embargo in the United States, the sanctions placed on Russia have been severe and targeted against individuals and entities ("persons") operating in some of its most important sectors, such as the...
Steps To Address The Uyghur Forced Labor Prevention Act
Companies in a variety of industries are preparing for enforcement of the Uyghur Forced Labor Prevention Act1("UFLPA"), which went into effect on June 21, 2022. Those working in UFLPA high-risk industries have expressed justifiable concern about enforcement, conducting diligence on opaque and complex supply chains, and the volume of evidence required to prove forced labor was not used in a production cycle.
Multinationals With Operations In China May Be Feeling Caught Between A Rock And A Hard Place
To print this article, all you need is to be registered or login on Mondaq.com. The growing economic and political tension between the U.S. and China has placed multinationals with operations in China in a tenuous position – comply with U.S. sanctions laws, and in return, suffer economic backlash, or worse, from the Chinese government or consumers.
China's 2021 Negative List Increases Risks Of VIE Investment
China: China's 2021 Negative List Increases Risks Of VIE Investment 08 February 2022 by Jacob Harding and Cari N. Stinebower Winston & Strawn LLP To print this article, all you need is to be registered or login on Mondaq.com.
Chinese Customs Creates Registration Requirement For Companies Involved In Food Import
China: Chinese Customs Creates Registration Requirement For Companies Involved In Food Import 13 December 2021 by Amanda L. Groves , James Jiang and Jacob Harding Winston & Strawn LLP To print this article, all you need is to be registered or login on Mondaq.com. On April 12, 2021, the General Administration of Customs (GAC) of the People's Republic of China (PRC or China) released two orders related to the import of food products into China: Order 248 and Order 249 (collectively, the Orders).
Two Judge Albright Rulings Require Hague Service Convention For Non-U.S. Defendants
United States: Two Judge Albright Rulings Require Hague Service Convention For Non-U.S. Defendants 02 December 2021 by Michael Tomasulo and Jacob Harding Winston & Strawn LLP To print this article, all you need is to be registered or login on Mondaq.com. On November 16 and November 18, 2021, U.S. District Judge Alan Albright issued two rulings in favor of utilization of the Hague Service Convention for non-U.S. defendants from signatory countries.
Online Videogame Cos. Must Prepare For China Data Law
To print this article, all you need is to be registered or login on Mondaq.com. The People's Republic of China is a critical market for the online videogame industry, and China strictly regulates that industry for content, addiction avoidance, protection of minors, and other factors. Data is an important asset for online videogame companies, and China has developed a powerful regulatory regime for data protection.
Nowhere To Hide: Treasury Builds Team Focused On Searching For Transactions Not Filed With CFIUS
To print this article, all you need is to be registered or login on Mondaq.com. The U.S. Department of the Treasury has built a new team whose only mission is to scour commercial databases, press releases, bankruptcy filings, and other sources, searching for transactions that were not filed with the Committee on Foreign Investment in the United States (CFIUS or the Committee).
China Trade Secret Ruling Shows US Cos. Path To Protection
Law360 (May 24, 2021, 6:13 PM EDT) -- In February, China's Supreme People's Court upheld a ¥159 million, or roughly $25 million, trade secret infringement award in Jiaxing Zhonghua Chemical Co. Ltd. and Shanghai Xinchen New Technology Co. Ltd. v. Wanglang Group Co. Ltd.
A new improved embedded timeline
On March 3, we’ll update the embedded timeline to better showcase the stories you tell with Tweets. The new timeline features a clean, modern design which showcases expanded photos, videos, GIFs, and more. It’s fully responsive, and it includes support for several new media types, including polls. The new embedded timeline design on web As part of this redesign, we are also deprecating the old ‘hide media’ option, so all Tweets with media will be expanded by default.
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