The Chinese State Council issues national security review rules for foreign investment

China has established a new process for reviewing the national security implications of foreign investments in Chinese companies. On February 12, 2011, China’s State Council published the “Notice of the General Office of the State Council on Establishment of a Security Review System for the Merger and Acquisition of Domestic Enterprises by Foreign Investors” (the “Security Review Notice”; click here to link to the translation). The establishment of the procedures described in the Security Review Notice represents China’s first formal step towards implementation of Article 31 of the Anti-Monopoly Law (“AML”), which provides that, in addition to anti-monopoly review, proposed investments in or acquisitions of Chinese companies by foreign companies which “concern national security” will be

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Authors

  • Covington & Burling (Washington)
  • Covington & Burling (Washington)
  • Covington & Burling (Beijing)
  • Covington & Burling (Washington)

Quotation

David N. Fagan, Mark E. Plotkin, Timothy Stratford, James J. O'Connell, The Chinese State Council issues national security review rules for foreign investment, 12 February 2011, e-Competitions February 2011, Art. N° 95861

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