United States Sanctions New Chinese Companies Yesterday, the United States Treasury initiated sanctions against many Chinese companies and individuals in an effort “to further degrade Russia’s ability to sustain its war machine, continuing a multilateral campaign to limit the Kremlin’s revenue and access to the materiel it needs to prosecute its illegal war against Ukraine.” The Treasury Department’s press release regarding these new sanctions can be found here. This is a significant development, and it should be a wake-up call for businesses worldwide about the risks of doing business with Ch ..read more

China Intellectual Property Protections If you are doing business in or with China (and this includes having your products made in China), you need to safeguard your intellectual property (IP) rights there. Intellectual property encompasses intangible creations such as trademarks, copyrights, patents, and trade secrets. Trademarks: These are recognizable symbols, phrases, or logos that identify the source of your goods or services. In China, trademark infringement occurs when another company uses a registered trademark on similar goods or services. Copyrights: Copyrights protect original crea ..read more

When companies come to my law firm to protect their brand names from Chinese copycats, our international trademark lawyers typically tell them that applying for such a trademark takes about a week, but actually getting the trademark takes about ten months. We then tell them that until they get their Chinese trademark, they will be pretty much powerless to stop companies in China from using their brand name. Ten years ago, very few batted an eye at this. E-commerce has changed that, such that now when one of our China trademark lawyers tells a client that securing their China trademark will tak ..read more

Cutting Legal Corners in Emerging Markets Introduction It can be tempting to take shortcuts to expedite processes or reduce costs in an emerging market country. But these shortcuts often lead to legal and reputational risks that can have severe consequences for your business. Despite assurances (usually given to you by your local employee/fixer/partner) that your shortcut will work due to their personal connections or local customs, these shortcuts often create more harm than good, by leading to delays, fines, expulsion from markets, and sometimes even imprisonment. Real-Life Examples 1. Polit ..read more

How to Open a China Bank Account If you’re planning to live, work, or invest in China, opening a bank account is often an essential step. This post will walk you through the basic steps and requirements involved. Selecting the Right China Bank The first step is selecting a bank that fits your needs. Major state-owned banks like Bank of China and ICBC offer extensive experience in international services and many branches. But smaller, regional banks might cater to specific client demographics or offer more competitive rates. Preparing Your Documents Research the bank’s account opening requireme ..read more

Closing Down Your China WFOE Thinking of pulling the plug on your WFOE? For many foreign companies, the initial excitement of doing business in China has given way to the complexities of navigating complex and ever-growing regulations and a faltering economy. If you’ve decided it’s time to close your WFOE, don’t make the costly mistake of simply abandoning it. Chinese law mandates a formal de-registration process, and failing to comply can lead to serious consequences, both for your company and for your people. This blog post will equip you with the knowledge on what it takes to navigate a smo ..read more

CFIUS Reporting Requirements The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee that reviews certain transactions involving foreign investment in the United States. Its role is to identify and address any national security risks that could arise from these potential investments. With increasing global tensions over technological competition and supply chain security (especially around China), CFIUS scrutiny of cross-border deals has intensified in recent years. We expect this tension and increased scrutiny to continue through the election this year and ..read more

Legal Compliance for Your China Operations The Chinese market still offers vast potential for many businesses, but navigating its legal environment requires ongoing attention. As Chinese regulations and economic conditions shift, foreign companies benefit from prioritizing legal compliance. Compliance with Chinese law goes beyond simply avoiding penalties. It demonstrates your company’s commitment to responsible business practices and helps foster trust with the Chinese government. Key Areas of China Compliance Several key areas require close attention to ensure your China operations are compl ..read more

Paying Chinese Companies for Product that Never Arrives Two to three times a week, my law firm will get a query from a company that paid for Chinese product and received absolutely nothing. The below is a good example of what we just keep getting. This is an e-mail (modified to hide any possible identifiers) I received from a British company’s CFO after having spoken with him a few minutes earlier: It was nice to talk to you and thanks for taking my call earlier today. As mentioned, we paid a 30% advance fee for 250 tonnes of ______________ about six months ago. The supplier, Tianjin _________ ..read more

China Payment Terms Negotiating payment terms with Chinese companies is one of the trickiest aspects of doing business with China. Vague milestones, unpaid invoices, and last-minute changes are common complaints. This post provides key strategies to ensure your company gets paid in full and on time when working with Chinese companies. Whenever one of our attorneys is retained to represent a client providing goods or services to China, we start by asking about the payment terms. If the Chinese side is going to pay our client the full amount upfront, the contract provisions do not need to be too ..read more