US-China relations continue to experience profound structural changes and foundational shifts, each of which enhances the global economic impact of any tensions between the countries. The relationship is only expected to grow in complexity as the US and Chinese governments take legal, regulatory, and policy actions that have far-reaching effects—both within the countries and among their global partners.
Recent years have seen Washington, DC, and Beijing actively introduce new rules and amend existing rules, many of which exacerbate issues surrounding global supply chain, capital flow and market access, technology cooperation and transfer, as well as talent mobility, for companies, investors, and financial institutions operating within this framework. Similar to past actions by the United States and others such as Australia, the United Kingdom, the European Union, and Japan, China has ramped up the use of export controls and sanctions, foreign investment review processes, and policy mandates. This approach has injected another player into the mix, resulting in an often-daunting myriad of requirements organizations must manage.
Given the public statements by the administration of US President Joe Biden since his inauguration—supported by presidential executive actions—we anticipate that current tensions will drive further regulations and policy updates impacting US-China relations. We expect China to continue its proactive and reactive approach by, among other measures, issuing laws and regulations it views as countering the regulatory requirements of the United States and other countries.
To help our US, Chinese, and multinational clients navigate the complex global ramifications of the regulations and countervailing rules from both countries, we offer this centralized portal sharing our insights and analyses.
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Giovanna outlines background US government actions that have elicited responses from the Chinese government. She highlights that China has signaled preliminarily there is a list of negotiating points that it would like to discuss with the Biden Administration.
Kenneth discusses the expanded definition of what constitutes an important industry relevant to national security.
Morgan Lewis is proud to support and participate in the 2021 Annual Meeting of the Association of Corporate Counsel (ACC). Giovanna Cinelli will speak on the panel for "Evolving US-China Trade Relations: How Multinationals Can Navigate Conflicts."
Join members of our CFIUS Working Group and US-China Trade Policy and Global Impact team as we discuss key considerations for Chinese companies when evaluating the likelihood of a CFIUS review of a closed transaction.
If you are interested in listening to the recording of this presentation please contact Summer Zhu.
If you are interested in listening to the recording of this presentation please contact Stefani Cornwall.