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International Law

China Hearsay

Commentary and analysis of law and business in China.
By Stan Abrams

Post Frequency: 8.4/day

Last Entry: May 03, 2010 at 11:04:24

Going Back to the JV Well: China Issues Add?l FDI Rules

Posted on December 02, 2009
Just saw this in the news, haven’t read the regs yet. China announced Wednesday a regulation to standardize and encourage the establishment of joint venture enterprises by overseas investors. According to the regulation, which will take effect from March next year, the government is to encourage overseas investors with advanced technology and management experience [...

Stop Smiling, This Is Serious!

Posted on December 01, 2009
Recently, health officials found a few dogs here that had been infected with swine flu. I haven’t come across details on what strain of the flu it was, whether it was communicable to other species or anything, etc. Three things. First, going by previous actions of paranoid public officials, I really worry about what might happen [...

M&A Borrowing for the Volvo Deal

Posted on December 01, 2009
Geely, the Chinese carmaker tagged as the preferred bidder for Ford Motor’s Volvo unit, is seeking at least $1 billion in loans from Chinese banks to finance its $1.8 billion bid, sources said on Tuesday. At least three major Chinese banks including Bank of China, China Construction Bank and Export-Import Bank of China [...

Chinese Cash for Clunkers

Posted on December 01, 2009
Because the best way to spend that important stimulus money is to get people to buy more cars: China will expand schemes that give consumers a discount if they trade in old cars and household appliances for new ones, according to Vice Commerce Minister Jiang Zengwei...

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Legal Status for HIV NGOs? Not Holding My Breath

Posted on December 01, 2009
Although this sounds quite promising . . . Nongovernmental organizations (NGOs) committed to fighting HIV/AIDS in China will soon get legal status to operate, as the government is considering legally recognizing these organizations, experts close to the situation said...

Real Estate Bubble As Moral Failure?

Posted on November 26, 2009
This really reminds me of all the navel gazing in the U.S. during and after the boom years (pre-2008). All of the moaning about how much stuff Americans buy, including large homes, was seen as the root cause of the recession. Some commentators in China are warming up to the same argument: Yu Bin, head of [...

Fighting a Losing Forex Battle

Posted on November 26, 2009
The US dollar has hit a 14-year low against the Japanese yen. The Europeans and the Japanese are pissed off, coordination is necessary, and the US and China are locked in a death grip as the dollar continues its slide. Trying to get folks to stop betting on a revaluation of the RMB is a losing [...

US-China Political Rhetoric: Peering Behind the Curtain

Posted on November 25, 2009
One of my favorite topics is US-China relations, and specifically the rhetoric (mostly from the government, but also from the media) surrounding and influencing the relationship. Not only is this a fun topic in general, but public perception of China by foreigners has a direct impact on my foreign investment legal practice...

Update on the US-China Chicken War

Posted on September 30, 2009
I first wrote about the US ban on China chicken exports back on March 12. That post had a fair amount of detail, so I’ll just link to it here and not rehash the history, which is kind of weird. I updated the story, including details on China’s WTO complaint and the US Food Safety Law, [...

Chinese Art and the Great Recession

Posted on September 30, 2009
Not much to say here except enjoy this pic of Chen Wenling’s sculpture. The piece is of a bull (i.e. Wall Street) goring a devilish Bernie Madoff. I really like the imagery - no better way to describe how Wall Street was “propelled” during the boom years...

Pfizer Wyeth Deal Clears China MOC

Posted on September 30, 2009
Drug developer Pfizer Inc. said Tuesday China’s ministry of commerce approved the company’s $68 billion buyout of rival Wyeth. Pfizer will divest certain animal health assets in China, the New York-based company said. The buyout deal still needs regulatory approval in the U...

Beijing Explosion Takes Me Back to ?87

Posted on September 30, 2009
The aging rubber ring led to gas leak that caused the gas cylinder explosion at a restaurant in Beijing Friday morning, local work safety authorities said Monday. Two screw threads of a connector between the liquid gas storage tank and the evaporator were oxidized, which led to the gas leak, said Yao [...

Credit Card Regs: China 1, U.S. 0

Posted on September 29, 2009
Something tells me I should email this Shanghai Daily article to all the members of the U.S. Congress, at least the ones who aren’t taking money from the credit card industry (if there are any left): Shanghai’s banking regulator, responding to rising problems related to a surge in the number of credit cards, says lenders [...

Holiday Conspiracy Weather Theories

Posted on September 29, 2009
Anyone else in Beijing find it a bit too convenient that we have rain forecast for today and tomorrow, and then sunny in the mid/high 20s for the October 1 holiday? I have no definitive information on weather control efforts, mind you, but the timing is interesting, to say the least...

WSJ: Breaking News on the China-Iran Connection

Posted on September 28, 2009
Not to be overly snarky on a Monday, but I thought the Wall St. Journal was a daily newspaper, not an annual publication. If my information is accurate, why is the following “revelation” being printed as if it was breaking news? China’s Oil Needs Affect Its Iran Ties Apparently the editor on that story has been on [...

October 1 and China Political Commentary

Posted on September 27, 2009
As we approach the 60th anniversary of the founding of the PRC, I’ve noticed a bit of an increase in articles that address current Chinese politics and where things seem to be headed. At the same time, my Internet connection has been painfully slow (coincidence???), so I have not been able to see everything...

Trademark Infringers Say the Funniest Things

Posted on September 27, 2009
Hat tip to Danwei for providing the link to this interesting little bit o’ China IP news: Yunnan-based coffee producer Hogood Coffee (????????????) is playing the victim after government employees confiscated Hogood non-dairy creamer which was illegally using the “Coffee-Mate” (????) name, which in China is a registered trademark of multinational food and [...

China Dispute Resolution Issues - The Company Seal

Posted on September 25, 2009
Anyone who has done business in China knows all about the importance of the company seal (a/k/a “chop”). If you’ve ever seen a legal document from over here and noticed all those round red stamps, well, that’s what we’re talking about...

Dispatch From the Trade Wars - Australia

Posted on September 25, 2009
Australia’s Defense Department vetoed Chinese investment in a proposed mine within an Outback missile testing range on security and safety grounds, the defense minister said yesterday. The rejection of state-owned Wugang Australia Resources Pty Ltd’s bid to buy half of the proposed Hawks Nest magnetite mine within the Woomera military range is [...

Last Word on Palin?s HK Speech

Posted on September 24, 2009
I’m amused. On two previous occasions, I posted on the speech Sarah Palin was scheduled to give to a business conference in Hong Kong, one of those financial services gatherings. My posts were not too serious, mostly pointing out how stupid it was for: 1) the organization that was putting on the conference; and 2) the [...

FCPA and China - Why Paranoia is a Good Thing

Posted on September 23, 2009
Dan at China Law Blog has a very good post on the US Foreign Corrupt Practices Act (FCPA), specifically on who qualifies as a “foreign official” (apparently employees of State-owned Enterprises (SOEs) may be deemed foreign officials). The take-away point from an FCPA compliance standpoint is that conducting business or seeking new business in China [...

When Defense Ministers Attack

Posted on September 22, 2009
China’s military now possesses most of the sophisticated weapon systems found in the arsenals of developed Western nations, the country’s defense minister said in comments published Monday. Many of China’s systems, including the J-10 fighter jet, latest-generation tanks, navy destroyers, and cruise and intercontinental ballistic missiles, match or are close to [...

WTO A/V Products Case - China Appeals on the Basis of . . . Something, I Guess

Posted on September 22, 2009
China lodged an appeal on Tuesday over a World Trade Organization (WTO) panel ruling which said its regulations on the import and distribution of books and audio-visual products are not in compliance with world trade rules. The WTO’s seven-member Appellate Body will now have two to three months to reinvestigate the U...

US-China Tire Case Part II - US Politics

Posted on September 21, 2009
I’m still plugging along on this case. I think it is shaping up to be quite important and may end up setting the tone for the bilateral trade relationship for the next 6-12 months, unfortunately in a bad way. To recap Part I, the Obama administration decided to use a special safeguard mechanism that China agreed [...

Sarah Palin: Old China Hand?

Posted on September 21, 2009
I almost pissed myself when I read this, even though the story itself was no surprise. In fact, I blogged about this recently (check it out here). Consider this fair warning - do not read while eating or drinking. Former US vice-presidential nominee Sarah Palin is expected to speak about US foreign policy and China [...

I?m Calling It: Wen?s PR Better Than Zhu Rongji

Posted on September 21, 2009
I don’t think Grandpa Wen and his PR team gets enough credit. These guys are really good. Most politicians, even in China, cannot pull off stuff like this. With other guys, these events look stilted, engineered, and phony. Maybe it’s just me, but he pulls this kind of thing off on a regular basis...

Beijing is Wacktacular

Posted on September 20, 2009
Or should that be “craptastic”? Seriously, WTF is up with this place? I go to Europe for four days and everything just breaks down. From China Digital Times: Following two stabbings in Beijing in two days during the run-up to celebrations for the 60th anniversary of the founding of the PRC, foreign big [...

Blame China for U.S. Military Spending

Posted on September 19, 2009
and, of course, for the U.S. government’s budget deficit that China is, in part, funding. No really. Read this: China’s increasingly advanced weaponry could undermine US military power in the Pacific, Defense Secretary Robert Gates said on Wednesday...

Where?d All the Chinese Guns Come From?

Posted on September 19, 2009
The police have been busy getting ready for the National Day celebration: Chinese police have confiscated close to 53,000 guns by the end of August in a nationwide crackdown started in March this year, and 9,849 suspects involved in gun-related crimes were punished, the Ministry of Public Security (MPS) said Thursday...

Credit Card Defaults on the Rise in China

Posted on September 18, 2009
Credit cards are still relatively new here (debit cards have been around much longer), but their circulation is increasing. No surprise, therefore, that default rates have risen, particularly during this recession. Credit card default in China more than doubled year on year in the second quarter, but analysts said the risk is still within control...

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