China Legal Trends 2016 Q1

Published on 2016-05-18

In this issue you will read: SAFE Relaxes Capital Control on QFIIs; Blacklisting Dishonest Companies in China – New Interim Measures and What They Mean for Your Company; Antitrust Enforcement in China Becomes “New Normal”; and more.

Welcome to the 2016 Q1 issue of the British Chamber of Commerce Shanghai quarterly China Legal Trends update. A number of the Chamber’s member law firms have provided us with recent critical insights and updates on a variety of important legal developments within China.

This issue includes the relaxation of the quota scheme by the State Administration of Foreign Exchange (SAFE), providing greater flexibility for qualified foreign institutional investors’ (QFIIs) capital mobility.

Also highlighted are the key provisions in the new Interim Measures, which blacklist ‘dishonest entities’ who engage in bribery and corruption.

Another aspect are the new antitrust guidelines, which should help to provide further guidance and improve procedural transparency for the enforcement of China’s Anti-Monopoly Law.

Additionally, Draft Revisions for the Anti-Unfair Competition Law (AUCL) have been published, raising questions about the future of scope and targets of AUCL enforcement.

Further developments include the Online Publishing Measures, which aim to codify existing rules into a single regulatory regime and expands the definition of ‘online publishing’, which could significantly impact foreign investors .

We sincerely thank Mayer Brown JSM, Clyde & Co, Linklaters, Troutman Sanders and O’Melveny & Myers for their contributions to this issue, and their continued support of the Chamber.

Our thanks also go to those Legal Focus Group members and Chamber staff who have been working hard on this issue.

Janet Qu
Chairwoman, Legal Focus Group, The British Chamber of Commerce Shanghai

Learn more about the Legal Focus Group>>