level playing field

No Turning Back the Clock for TikTok and its Broader Business Ramifications

The United States (U.S.) government (USG) has long wanted to enervate TikTok, which hosts short-form videos and whose owner is China’s ByteDance. USG and subnational efforts have come in the form of Presidential Executive Orders, Committee on Foreign Investment in the United States (CFIUS) divestiture orders, proposed legislation in the US Congress, limitations by states like Montana and Texas, and restrictive measures at universities.

China’s FDI Flight Fantasies and Avoiding Corresponding Follies

The sky for foreign direct investment (FDI) in the People’s Republic of China (PRC/China) is falling per a slew of recent news articles. The evidence? A large percentage of China inward FDI (IFDI) is from Hong Kong and a notable percentage of this money is “round tripping” (i.e., money flowing from the PRC through Hong Kong and then back to the PRC). In addition, more companies are shifting operations to other destinations.

MNCs in the News-2021-October

China Ministry of Commerce (MOFCOM) releases 5-Year Plan and notes China will keep opening up select sectors and make it easier for high-quality investors to enter them. MOFCOM expects China will remain a top global recipient of inward foreign direct investment (FDI) even as the country works to improve the quality of inward FDI (IFDI). China’s Ministry of Finance promises that China will provide a level playing field in government procurement to foreign goods and services providers are concerned. Indonesia now has to allocate government moneys to accelerate its Belt and Road Initiative high-speed railway project which is overbudget and behind schedule. China’s Cosco stake in the Piraeus Port Authority (Greece) surges to 67 percent with some questioning the merits of Cosco getting a higher stake. FDI from mainland China and Hong Kong in Japanese real estate, some with forests and access to water resources, raises concerns due to a lack of good data and legal structures to regulate what is done with natural assets. TSMC will build a semiconductor plant in Japan that Tokyo will support with financial assistance in an effort to boost its economic security. Korea Fair Trade Commission will not yet tough regulation of big tech companies, but it watching careful to limit unfair business practices. Korea companies are becoming increasing players in overseas mergers and acquisitions with their attention shifting to the United States and Europe as well as high-tech sectors.

MNCs in the News-2021-June

China adopts law for countering foreign sanctions, which some in foreign business community in China fear may be applied against it. Japanese Chamber of Commerce and Industry in China releases report highlighting anxieties about uncertainties created for Japanese firms by a slew of new, ambiguous laws and regulations such as the unreliable entities list and national security review law. Current data do not support the thesis that China’s national security law for Hong Kong has damaged Hong Kong’s status as an international financial center. Chinese firms are expanding their overseas operations to escape home country competition, gain local knowledge, and so on. Chinese outward foreign direct investment in Belt and Road Initiative countries shows respectable growth over first five months of 2021 versus prior year period. Japan continues along the path of greater regulation of internet giants and their potential abuse of market power. South Korean district court dismisses wartime labor compensation lawsuit brought by a group of Koreans against 16 Japanese companies. Korean firms substantially increase their lobbying activities in the United States for various political and economic reasons. Korean consortium’s hopes to win nuclear power plant bid rise with Czech government’s decision to rule out the involvement of Chinese and Russian companies.

MNCs in the News-2021-May

According to China Ministry of Commerce statistics, China’s utilized foreign direct investment (FDI) over the 1st four months of 2021 showed impressive growth. In a recent report, the British Chamber of Commerce in China highlighted China’s data rules and data flow restrictions as new areas of concern on top of continuing issues like market access and the lack of a level playing field. The China Banking and Insurance Regulatory Commission has given the United States (US)’s Goldman Sachs approval to enter into a wealth management joint venture (JV). In the wake of new data rules and various image problems, Tesla announced the construction of a new data center in Shanghai to store information on gathered on local users and their vehicles. China’s initiation of economic sanctions against various European Union (EU) officials in response to EU sanctions against China has raised questions about whether or not the ratification process for the EU-China Comprehensive Agreement on Investment will move forward. China’s Landbridge rejected concerns that its 99-year lease of Australia’s Darwin port presents any kind of a national security threat. A Japanese Liberal Democratic Party group investigating methods to enhance Japan’s economic security has proposed the creation of a public-private body to develop solutions for public policy issues like supply chain resiliency. An official Chinese media piece warned various prominent Japanese apparel companies’ decisions to stop using Xinjiang cotton might cause them to lose business in China. Japanese export restrictions against South Korea are driving Japanese semiconductor material companies to increase their activities and in South Korea as a way to circumvent Tokyo’s economic sanctions. During Korean President Moon Jae-in’s summit with US President Joseph Biden, Korean companies proposed massive investments in manufacturing plants

Dr. Jean-Marc F. Blanchard's picture

No Promise Left Behind: The Effort to Court EU FDI through a China-EU BIT

China and the European Union (EU) have been discussing a bilateral investment treaty (BIT) for a long time. Indeed, the two sides held their 21st round of China-EU BIT negotiations in June 2019.

Dr. Jean-Marc F. Blanchard's picture

Pundits Posit China’s New Foreign Direct Investment Law Progresses!

In May, China passed a new law relating to Foreign Direct Investment (FDI) that comes into effect at the beginning of 2020. This law replaces three laws relating to wholly-owned foreign enterprises, contractual joint ventures (JVs), and equity JVs that previously constituted China’s formal FDI regime.

MNCs in the News-2018-07-13

China’s Ministry of Commerce (MOFCOM) says inward foreign direct investment (FDI) was solid for the first six months of 2018 year-over-year. Some observers see China opening to foreign deals because of external pressure as well as slowing inward FDI (IFDI). Merkel praises Chinese market opening moves as a sign of action, not just talk. Shaanxi Ligeance Mineral Resources Co. deal for United Kingdom (UK)’s Northern Aerospace grounded apparently for national security reasons. Japanese regulators mashing Apple over forcing customers to opt for particular product/service plans. Recent report reveals Japan moves up to third in US FDI while overall FDI drops due to US government plans to toughen regulations. Taisho Pharmaceutical Holdings to raise stake in top Vietnamese drugmaker DHG Pharmaceutical as Vietnamese authorities approve removal of foreign ownership limit at DHG.Chinese government approves LG Display’s OLED display production facility in Guangzhou. South Korea and Singapore sign two agreements aimed at strengthening bilateral investments and trade by promoting collaboration between companies.

MNCs in the News-2018-07-13

China’s Ministry of Commerce (MOFCOM) says inward foreign direct investment (FDI) was solid for the first six months of 2018 year-over-year. Some observers see China opening to foreign deals because of external pressure as well as slowing inward FDI (IFDI). Merkel praises Chinese market opening moves as a sign of action, not just talk. Shaanxi Ligeance Mineral Resources Co. deal for United Kingdom (UK)’s Northern Aerospace grounded apparently for national security reasons. Japanese regulators mashing Apple over forcing customers to opt for particular product/service plans. Recent report reveals Japan moves up to third in US FDI while overall FDI drops due to US government plans to toughen regulations. Taisho Pharmaceutical Holdings to raise stake in top Vietnamese drugmaker DHG Pharmaceutical as Vietnamese authorities approve removal of foreign ownership limit at DHG.Chinese government approves LG Display’s OLED display production facility in Guangzhou. South Korea and Singapore sign two agreements aimed at strengthening bilateral investments and trade by promoting collaboration between companies.

MNCs in the News-2017-09-22

China’s National Development and Reform Commission (NDRC) promises measures to create a better environment for foreign direct investment (FDI). China courts foreign investment in its energy sector to advance its reform initiatives. European Union (EU) Chamber of Commerce in China releases position paper detailing many areas of concern among its members about China’s policies towards inward FDI (IFDI). Chinese expresses concern about possible implications of proposed EU wide investment screening scheme. Toshiba selects consortium to take over its politically contentious USD $21 billion semiconductor business. Prime Minister May visits Japan as Japanese firms become more hesitant about continued investment in Britain due to Brexit’s slow and uncertain progress. Economic and security concerns prompt Korea’s Industry Ministry to review investment plans by South Korean semiconductor and display companies seeking expansion in China. State-owned Korea Electric Corp. represents South Korea in a bid to build Saudi Arabia’s first nuclear energy plant. Indonesia’s demand for steel is expected to rise substantially within the decade, triggering calls to improve investment conditions for steel producers. Foreign investment in Indonesian startups reaches USD $3 billion so far this year with Chinese FDI patterns shaped by government initiatives. New Thai Digital Park proposed, opening new potential vistas for foreign investors. Sumitomo Corporation starts construction third industrial park in Vietnam with Vietnam’s Deputy Prime Minister calling for best possible conditions for investors. With central government support, Hanwha Techwin to open first of three Vietnamese aircraft engine parts factories early next year.