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 important factor in determining
July 2017
State Council Trims Negative List in Free Trade Zones
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 subject…
CJEU: EU-Canada proposed agreement on the transfer of Passenger Name Record data does not conform to EU data protection law standards
On July 26, 2017, the Court of Justice of the EU (CJEU) published Opinion 1-15 (the “Opinion”) on the proposed agreement between the European Union and Canada on the transfer and processing of passenger name record (“PNR”) data (the “Agreement”). The Agreement was signed in 2014, but the CJEU was asked to determine whether it…
Europe Consults on Digital Health
By Joshua Gray
Digital health solution providers, and users of digital health services, should take note of three recently launched EU public consultations in the digital health space, and may wish to make submissions to help shape the future of digital health initiatives in the EU. The earliest deadline for submissions is 16 August 2017.
EU Commission Transformation…
Impact Assessment Institute Releases Report Critical of Commission’s Case for E-Privacy Regulation
On July 14, 2017, the Impact Assessment Institute (“IAI”) (an independent institute committed to impartial impact assessment and scientific evaluation of policy and legislation in the EU) published a study assessing the impact assessment carried out by the European Commission in connection with the Commission’s proposal for a new E-Privacy Regulation (“EPR”). The IAI study…
Germany’s Plan for Africa: Witney Schneidman on CNBC Africa
By Cov Africa
Earlier this month Witney Schneidman appeared on CNBC Africa at the close of the G-20 meetings to discuss Germany’s plan for Africa. In this segment, Mr. Schneidman focuses on increasing foreign direct investment, and the related opportunities and challenges. The full clip can be found here.
China Seeks Public Comments on Draft Regulation on the Protection of Critical Information Infrastructure
By Yan Luo
On July 11, 2017, the Cyberspace Administration of China (CAC) released the draft Regulation on 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 June…
New York DFS Publishes FAQs on New Cybersecurity Regulations
As our readers know, New York’s Department of Financial Services (“NY DFS”) released a draft of its new Cybersecurity Regulations on September 13, 2016, and the final version of the regulations went into effect on March 1, 2017 (23 NYCRR 500). Among other things, the regulations require regulated entities to conduct cyber…
MSRB Pay-to-Play Challenge Stymied by Sixth Circuit over Standing
Over the past few years, a few state political party committees have relentlessly sought to block or overturn pay-to-play laws overseen by the Securities and Exchange Commission (SEC). Yesterday, the Sixth Circuit delivered another defeat to an ongoing effort to challenge federal pay-to-play laws.
Last year, we noted that the Municipal Securities Rulemaking Board (MSRB)…
Key Takeaways from Trump Administration Memo on Buy American Laws
[This article also was published in Law360.]
On June 30, 2017, Commerce Secretary Ross and OMB Director Mulvaney issued a Memorandum to Federal agencies regarding the “assessment and enforcement of domestic preferences in accordance with Buy American Laws,” which includes the Buy American Act (“BAA”). Although the Memorandum purports to provide guidance to help…