September 8, 2017, Covington Alert

On August 18, 2017, the General Office of China’s State Council released to the public new guidance regarding the regulation of outbound investment. The guidance is set forth in a notice, dated August 4, 2017, forwarding “guiding opinions” (the “Opinions”) from the National Development and Reform Commission (“NDRC”), Ministry of Commerce (“MOFCOM”), People's ...

August 31, 2017, Covington Alert

On August 31, 2017, China’s National Information Security Standardization Technical Committee (“NISSTC”), a standard-setting committee jointly supervised by the Standardization Administration of China (“SAC”) and the Cyberspace Administration of China (“CAC”), released an updated draft of the Information Security Technology - Guidelines for Data Cross-Border ...

August 28, 2017, Global Policy Watch

United States Trade Representative (“USTR”) Robert E. Lighthizer launched an investigation under Section 301 of the Trade Act of 1974 (“Section 301”) into acts, policies, and practices of the Chinese government as they relate to “technology transfer, intellectual property [IP], and innovation.” The August 18 announcement of the investigation came just days after ...

August 16, 2017, Global Policy Watch

For years, the foreign business community has called for greater transparency and opportunities to provide more input into China’s legislative and regulatory rule-making processes. In a small step forward, on July 19, the Legislative Affairs Office of the State Council (“SCLAO”) released draft revisions to the Regulations on Procedures for Formulating ...

July 31, 2017, Global Policy Watch

An updated version of China’s Catalogue of Industries for Guiding Foreign Investment (“Foreign Investment Catalogue,” or “Catalogue”) went into effect on July 28. The Catalogue has been a key tool used by Chinese policymakers to coordinate foreign investment with the country’s economic development plans and industrial policies. Its categorizations are an ...

July 31, 2017, Global Policy Watch

China has put into effect an updated “negative list” for foreign investment in the country’s pilot free trade zones (“FTZs”). Officially named the Free Trade Zone (FTZ) Foreign Investment Entry Special Administrative Measures (Negative List) (2017 Version), the FTZ negative list is an important document that lists business sectors in which foreign investment is ...

July 13, 2017, Global Policy Watch

On July 11, 2017, the Cyberspace Administration of China (CAC) released the draft Regulation for the Protection of the Critical Information Infrastructure (“Draft Regulation”) for public comment (official Chinese version available here). The comment period ends on August 10, 2017. Aiming to add greater clarification to the Cybersecurity Law, which took effect on ...

July 12, 2017, Covington Alert

On July 11, 2017, the Cyberspace Administration of China (CAC) released the draft Regulation for the Protection of the Critical Information Infrastructure (“Draft Regulation”) for public comment (official Chinese version available here). The comment period ends on August 10, 2017.

May 31, 2017, Bloomberg Markets: Asia

Timothy Stratford appeared on Bloomberg Markets: Asia to discuss the U.S.-China trade relationship and what the "100-Day Plan" on trade means for both countries. Although Stratford believes people are encouraged by the Mar-a-Lago summit, he says that it is "important to recognize… that there is very likely going to be a significant call on the United States for ...

May 31, 2017, Bloomberg Markets: Asia

Timothy Stratford appeared on Bloomberg Markets: Asia to discuss China's "Belt & Road" initiative focused on infrastructure development and U.S. trade relationships. According to Stratford, "I think the basic idea of a 'Belt & Road' is a very positive idea. I think that we have parts of the globe that are really not well integrated into the global trading system ...

May 19, 2017, Covington Alert

On May 19, 2017, the Cyberspace Administration of China (“CAC”) invited international stakeholders to attend a seminar to discuss an updated version of the Measures on Security Assessment of Cross-border Data Transfer of Personal Information and Important Data (“the Measures”). Given that the Measures have an intended effective date of June 1, 2017, it is likely that they are in final form and the framework established by the Measures will govern China’s cross border data transfers going forward. This alert summarizes the key changes from the previous version.

May 9, 2017, Covington Alert

On April 13, 2017, China’s State Cryptography Administration (“SCA”) published a draft Encryption Law (“the draft Law”) for public comment.

After several years of drafting, the draft Law, if enacted as drafted, would be the first Chinese statute to systematically address encryption, covering “the research, production, management, import and export, testing, authentication, use, and regulation of encryption.” China has long regulated the import, export, sale, use, and scientific research of “commercial” encryption. The draft Law, however, provides rules for three categories of encryption—“ordinary” encryption, “core” encryption, and “commercial” encryption—with a view to establishing a uniform regulatory framework that would govern all types of encryption and providing SCA with greater enforcement authority.

May 3, 2017, Covington Alert

On May 2, 2017, the Cyberspace Administration of China (“CAC”) released the final version of the Measures on the Security Review of Network Products and Services (Trial) (“the Measures”), with an effective date of June 1, 2017 (official Chinese version available here). The issuance of the Measures marks a critical first step toward implementing China’s Cybersecurity Law (“the Law”), which was promulgated on November 7, 2016 and will take effect on June 1, 2017 (the same date as the Measures).

April 24, 2017, Global Policy Watch

As the dramatic political shifts in Washington captivate the world, and the US reconsiders its traditional global leadership role, Chinese President Xi Jinping is positioning China to increase its own global role and influence. In a highly touted speech at the World Economic Forum in January, Mr. Xi mounted a rousing defense of economic globalization...… ...

April 21, 2017, Global Policy Watch

On Friday, April 14, the U.S. Department of Treasury published a widely anticipated semi-annual report detailing the foreign exchange practices of America’s major trading partners. Although he regularly called for China to be labeled as a “currency manipulator” as a candidate, President Donald J. Trump and his administration declined to use the occasion of ...

April 12, 2017, Covington Alert

On April 11, 2017, the Cyberspace Administration of China (“CAC”) released a draft of the Measures on Security Assessment of Cross-border Data Transfer of Personal Information and Important Data (“the Draft Measures”) for public comment (official Chinese version available here; Covington’s translation of the Draft Measures is appended at the end of this alert).

2017年4月12日, 企业对外投资法律及国际贸易便利化研讨会

April 8, 2017, South China Morning Post

Timothy Stratford is quoted in a South China Morning Post article regarding plans between China and the U.S. to tackle trade disputes over a three month period. According to Stratford, concrete results such as greater China access for U.S. companies could be short-lived and reversed if relations soured. One option for attaining something of far-reaching ...

April 7, 2017, CGTN

Timothy Stratford participated in a roundtable hosted by CGTN’s “The Point” discussing President Trump’s meeting with Chinese President Xi Jinping.

March 23, 2017, Global Times

Timothy Stratford participated in a discussion hosted by CGTN’s “The Point” and is quoted in a Global Times article providing highlights from the event, “Follow the Money 2017.” Commenting on President Trump’s Trade Agenda for 2017 and the need for freer and fairer trade, Stratford says, “I think, ideally, you have to have both of them. And you can only have ...

March 13, 2017, CGTN

Timothy Stratford participated in a discussion hosted by CGTN’s “The Point” on the future of China’s international economic role. Commenting on President Trump’s trade agenda which calls for freer and fairer trade, Stratford says, “I think ideally you have to have both of them. And you can only have a sustainable relationship if you have both of them.” He adds, ...

2017年2月23日, 中国美国商会和中国欧盟商会合办

February 7, 2017, Covington Alert

On February 4, 2017, the Cyberspace Administration of China (“CAC”) released the draft Measures on the Security Review of Network Products and Services (“the draft Measures”) for public comment (official Chinese version available here; Covington’s translation of the draft Measures is here). The comment period ends on March 4, 2017.

January 12, 2017

January 11, 2017, Covington Alert

Late last week, a group of technology industry leaders, researchers, and former policymakers comprising the President’s Council on Science and Technology (“PCAST”) issued a report entitled Ensuring Long-Term U.S. Leadership in Semiconductors. The report concludes that China is seeking to reshape the global semiconductor industry in a manner that threatens U.S. leadership in that sector. Given the criticality of the semiconductor industry to U.S. national security, the report recommends a three-part strategy to (1) counter Chinese policy actions, (2) improve the business environment for U.S. semiconductor companies, and (3) help “catalyze transformative semiconductor innovation over the next decade.”

December 15, 2016, Law360

November 8, 2016, Covington Alert

On November 7, the Standing Committee of China’s National People’s Congress (“NPC”) passed China’s first Cybersecurity Law (the “Law”), which will take effect starting June 1, 2017.

Described as China’s “fundamental law” in the area of cybersecurity, the new Law articulates the government’s priorities with respect to “cyberspace sovereignty,” consolidates existing network security-related requirements (covering both cyber and physical aspects of networks), and grants government agencies greater power to regulate cyber activities. It is the first Chinese law that systematically lays out the regulatory requirements on cybersecurity, subjecting many previously under-regulated or unregulated activities in cyberspace to government scrutiny. At the same time, it seeks to balance the dual goals of enhancing cybersecurity and developing China’s digital economy, which relies heavily on the free flow of data.

With its broad application, the new Law will have significant and long-lasting implications for companies operating in China or seeking to access the Chinese market. This alert highlights key features of the Law and explains these implications.

November 1, 2016, Global Policy Watch

In May, we wrote about China’s new Charity Law (official Chinese version available here; unofficial English translation available here) and its establishment of a comprehensive framework for revamping the government’s management of the social sector. For decades, charities, social organizations, and civil society groups have operated in a quasi-legal environment ...

September 21, 2016

上海 -《中国法律商务》在年度颁奖晚会上颁予科文顿“年度国际律师事务所：监管与合规领域”大奖。该中国领先的法律刊物还颁予柯礼晟“年度律师：监管与合规领域”的奖项，并且认可了该所在“年度境外交易”（中国化工橡胶总公司以78亿美元收购意大利轮胎制造商倍耐力）中的作用。 该类奖项基于法律工作的“创新性、复杂性和市场影响”和对中国法律领域的质量和发展的推进程度。 科文顿还入围以下奖项： “年度国际律师事务所：医疗保健和生命科学领域” “年度国际律师事务所：贸易领域” “年度国际交易撮合人”: 夏尊恩 《中国法律商务》分别在2014年和2015年颁予科文顿“年度国际律师事务所：贸易领域”和“年度国际律师事务所：医疗保健和生命科学领域”大奖。

September 9, 2016

July 19, 2016, The Straits Times

Timothy Stratford participated in a panel discussion at the FutureChina Global Forum and is quoted in this Straits Times article regarding the growing appetite of the Chinese middle class for consumption despite fears of a spending slowdown. Noting the sky-rocketing growth of Chinese outbound investment, Stratford said that between 2002 and 2007, Chinese ...

July 12, 2016, Covington Alert

On July 5, 2016, China’s National People’s Congress (“NPC”) released a new draft of the Cybersecurity Law for public comment (official Chinese version available here; unofficial translation from AmCham China available here). The revised draft contains a number of significant changes from the first draft, which was released in July 2015, but retains many of the provisions from the first draft that raised concerns among multinational companies, especially those in the tech sector, about the potential to serve as a tool for discriminating against foreign technologies in favor of domestic industry.

June 15, 2016, The 12th J.P. Morgan Global China Summit

June 7, 2016, EURObiz

June 7, 2016, China-U.S. University and Think Tank Forum

May 17, 2016, Global Policy Watch

In Part I of this two-part series published on May 12, we described China’s new Charity Law and its implications for charitable organizations operating in the country, both domestic and foreign. On April 28, the Standing Committee of the National People’s Congress enacted another new law, this one governing foreign non-governmental organizations (“NGOs”) ...

May 12, 2016, Global Policy Watch

Since the Xi administration’s pledge during the Fourth Plenum of the 18th Central Committee of the Chinese Communist Party in October 2014 to promote the rule of law (or, as the ambiguous language was interpreted by many, “rule by law”), China has issued a number of final and draft laws and regulations of significance to...… Continue Reading

May 2, 2016, Law360

December 8, 2015

BEIJING, December 8, 2015 - Tim Stratford, managing partner of Covington’s Beijing office, received the China Pioneer Award from the American Chamber of Commerce in the People’s Republic of China. The AmCham China Pioneer Award honors corporate leaders who made early and significant contributions to economic expansion and the business environment across ...

2015年7月13日, 《中国法律和实践》

June 3, 2015, LegalStudio

January 7, 2015

北京，2015年1月7日 — 科文顿。柏灵律师事务所宣布亚洲领先的知识产权律师之一冉瑞雪将加盟其北京办事处担任合伙人。 曾经在中国和美国接受过法律训练的冉瑞雪在两国均为众多跨国公司的知识产权和不正当竞争纠纷事宜提供过咨询。她尤其擅长代表中国企业处理美国国际贸易委员会（“ITC”） 提起的美国337调查大案要案。她的执业领域涉及各类权利主张，包括专利、商业秘密、商标和其它形式的不正当竞争。冉女士拥有纽约州律师执业资格，是最早被许可在美国 ITC 出庭和签署该机构保护令的中国籍律师之一。除了就 ITC案件提供法律咨询服务， ...

2012, U.S. Chamber of Commerce

October 17, 2014, Law360

October 17, 2014, Law360

Tim Stratford authored this article on China’s tightly regulated health care sector: "The Chinese government has announced the launch of a pilot scheme allowing for the establishment of wholly foreign-owned hospitals (“WFOHs”) through greenfield investment or mergers and acquisitions in three centrally governed municipalities (Beijing, Tianjin and Shanghai), ...

September 25, 2014

华盛顿，2014年9月19日 - 科文顿﹒柏灵律师事务所荣膺《中国法律与实践》杂志“年度贸易律师事务所”大奖。 该奖项高度认可了科文顿在“创新性、复杂性和市场影响”几方面的能力，并且“根据他们的工作对法律市场的影响程度以及对中国法律领域的质量和发展的推进程度”来授予此奖。 “我们很荣幸地在此特殊时刻接受该奖项，恰逢中国和美国及欧盟之间的贸易谈判正在帮助塑造一个未来十年里外资公司将面临的商业格局，”科文顿北京办事处管理合伙人夏尊恩说。 《中国法律与实践》是欧洲货币机构投资者公司（Euromoney Institutional Investor）下属的法律媒体集团，该集团也出版有《国际金融法律评论（IFLR）》和《知识产权管理》。该奖项已于2014年9月18日在该出版机构在北京的年度评奖大会上正式授予本所。 ...

July 11, 2014, Covington Advisory

July 2, 2014, Law360

May 30, 2014, EURObiz

April 22, 2014, Wall Street Journal

Covington partner Tim Stratford is quoted regarding visa requirements and press freedom in China. The article states: "An apparent broadening of restrictions on the media also has the group worried. Journalist visas are becoming more difficult to get, it said, adding that a lack of information about issues such as financial data raises suspicions in the West ...

2014年2月20日, 科文顿电子期刊

9/27/2013

WASHINGTON, DC, September 27, 2013 — Marisa Lago, assistant secretary for international markets and development at the U.S. Treasury Department, addressed a symposium held at Covington & Burling earlier in September about trends in Chinese foreign direct investment in America. The symposium, co-hosted with the China General Chamber of Commerce, examined the ...

2013年7月19日, 科文顿电子期刊

January 11, 2013, Covington E-Alert

December 28, 2012

BEIJING, December 28, 2012 — Chambers has named Covington & Burling as a finalist for the 2013 Chambers China Awards for Excellence in the International Trade category. The awards recognize preeminence in key practice areas and significant achievements over the past 12 months, including outstanding work, impressive strategic growth and excellence in client ...

2015年5月15日, 科文顿电子期刊

March 19, 2012

LONDON, 19 March, 2012 — Covington & Burling LLP received 46 individual mentions and 20 practice mentions in the Chambers Global 2012 edition. The guidebook, which ranks lawyers globally by pan-regional and country practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. The Covington lawyers ...

February 17, 2012, Covington E-Alert

January 19, 2012, Covington E-Alert

January 2012, Covington E-Alert

January 11, 2012, Covington E-Alert

2012, U.S. Chamber of Commerce

November 30, 2011, Covington E-Alert

November 18, 2011, Covington E-Alert

August 31, 2011, Covington E-Alert

June 21, 2011, Covington E-Alert

June 2011, Financial Fraud Law Report

February 22, 2011, Covington E-Alert

February 18, 2011, Covington E-Alert

2010年9月30日, 科文顿电子期刊

July/August 2010, China Brief (reprinted with permission from the American Chamber of Commerce People’s Republic of China)

May 19, 2010

WASHINGTON, DC, May 19, 2010 — Against the backdrop of the 2010 Shanghai World Expo, and on the eve of the upcoming round of the Strategic and Economic Dialogue between the US and China, Covington & Burling LLP will co-host a day-long event, “Shaping the US-China Business Relationship” on Friday, May 21. The event will be held at the USA National Pavilion, which ...

February 22, 2010

华盛顿哥伦比亚特区，2010 年 2 月 22 日 — 科文顿•柏灵律师事务所荣幸地宣布，前美国贸易代表办公室 (USTR) 中国事务助理夏尊恩作为合伙人加盟本事务所。 他将常驻事务所北京代表处，在国际贸易、知识产权和政府事务业务部执业。 夏尊恩的主要业务是为在华经商的国际客户提供顾问咨询，并协助寻求拓展全球业务的中国公司。 夏尊恩将是美国在华企业中最高级别的前美国贸易官员。 夏尊恩已在中国工作生活了 25 年以上，普通话和广东话流利。 在 USTR 任职期间，夏尊恩与中美高级政府官员密切合作，制定和实施中美贸易政策，解决从事双边贸易和投资的公司遇到的问题。 在入职美国贸易代表办公室之前，夏尊恩担任通用汽车公司中国运营部的总法律顾问，作为通用在华高管团队成员，监督公司在中国大陆、台湾和香港的法律及贸易政策工作。 ...