- Home
- News
- Articles+
- Aerospace
- Agriculture
- Alternate Dispute Resolution
- Banking and Finance
- Bankruptcy
- Book Review
- Bribery & Corruption
- Commercial Litigation
- Competition Law
- Conference Reports
- Consumer Products
- Contract
- Corporate Governance
- Corporate Law
- Covid-19
- Cryptocurrency
- Cybersecurity
- Data Protection
- Defence
- Digital Economy
- E-commerce
- Employment Law
- Energy and Natural Resources
- Entertainment and Sports Law
- Environmental Law
- FDI
- Food and Beverage
- Health Care
- IBC Diaries
- Insurance Law
- Intellectual Property
- International Law
- Know the Law
- Labour Laws
- Litigation
- Litigation Funding
- Manufacturing
- Mergers & Acquisitions
- NFTs
- Privacy
- Private Equity
- Project Finance
- Real Estate
- Risk and Compliance
- Technology Media and Telecom
- Tributes
- Zoom In
- Take On Board
- In Focus
- Law & Policy and Regulation
- IP & Tech Era
- Viewpoint
- Arbitration & Mediation
- Tax
- Student Corner
- AI
- ESG
- Gaming
- Inclusion & Diversity
- Law Firms
- In-House
- Rankings
- E-Magazine
- Legal Era TV
- Events
- News
- Articles
- Aerospace
- Agriculture
- Alternate Dispute Resolution
- Banking and Finance
- Bankruptcy
- Book Review
- Bribery & Corruption
- Commercial Litigation
- Competition Law
- Conference Reports
- Consumer Products
- Contract
- Corporate Governance
- Corporate Law
- Covid-19
- Cryptocurrency
- Cybersecurity
- Data Protection
- Defence
- Digital Economy
- E-commerce
- Employment Law
- Energy and Natural Resources
- Entertainment and Sports Law
- Environmental Law
- FDI
- Food and Beverage
- Health Care
- IBC Diaries
- Insurance Law
- Intellectual Property
- International Law
- Know the Law
- Labour Laws
- Litigation
- Litigation Funding
- Manufacturing
- Mergers & Acquisitions
- NFTs
- Privacy
- Private Equity
- Project Finance
- Real Estate
- Risk and Compliance
- Technology Media and Telecom
- Tributes
- Zoom In
- Take On Board
- In Focus
- Law & Policy and Regulation
- IP & Tech Era
- Viewpoint
- Arbitration & Mediation
- Tax
- Student Corner
- AI
- ESG
- Gaming
- Inclusion & Diversity
- Law Firms
- In-House
- Rankings
- E-Magazine
- Legal Era TV
- Events
New Chinese rule to protect its overseas investment Beijing arms itself with a rule to become the third party wherever Chinese entities are debarred from doing business China's State Council has approved a new rule of the Ministry of Commerce to defend legal trade rights of the Chinese companies and citizens in a foreign land. The new rule will be applicable wherever a Chinese entity...
ToRead the Full Story, Subscribe to
Access the exclusive LEGAL ERAStories,Editorial and Expert Opinion
New Chinese rule to protect its overseas investment
Beijing arms itself with a rule to become the third party wherever Chinese entities are debarred from doing business
China's State Council has approved a new rule of the Ministry of Commerce to defend legal trade rights of the Chinese companies and citizens in a foreign land. The new rule will be applicable wherever a Chinese entity is debarred from exercising its trade or commerce activities.
The new rule is bound to create heat in other countries since outbreak of Covid-19 pandemic many countries have either debarred or put stringent restrictions on Chinese companies in doing business in the lands.
The rule gives the Ministry of Commerce a freehand to act as an independent third party to investigate any "unjustified extra-territorial application of foreign legislation".
It aims to create a working mechanism consisting of several government departments to preside over such trade matters.
Article 6 of the rule has mentioned several factors that the working mechanism would look into, including legal factors, to examine if any basic international law or provisions have been dishonoured. It has also been empowered to take into consideration political factors like the potential impact of the Chinese rights, as well as security or development interests.
The new rules follow the US decision of delisting three Chinese telecom companies from the New York Exchange after the outgoing US President Donald Trump issued an executive order banning American investors from financing companies involved with the Chinese military. The Ministry of Commerce has said that such acts violate market logic.
The ministry can now deem such prohibitions as null and void if it establishes that debarring a Chinese company from doing business was unjust.
America is not the exception in banning the Chinese company from doing business over the past nine months from its territory. India has made it mandatory for any business entity to seek prior government approval before accepting foreign direct investment from countries bordering India. Though India did not name China, it impacted the Chinese companies the most.