Hot Topics for MNCs, Cool Analysis*

December 7th, 2021
China’s Ministry of Commerce (MOFCOM) reports China’s utilized inward foreign direct investment (FDI) for the first 10 months of 2021 increased 17.8 percent over the prior year period. China imposes various fines on Taiwan’s Far Eastern Group, pointing out that independence supporters and “‘their connected companies and financiers must be punished.” JPMorgan Chase CEO Jamie Dimon quip about the longevity of his firm versus the Chinese Communist Party leads to multiple apologies. China’s State Administration of Market Regulation (SAMR) issues a guidance document about anti-monopoly compliance that includes provisions relating to anti-trust practices and risks overseas. China’s Belt and Road Initiative (BRI) in Pakistan encounters various serious challenges and disappointments. China’s high-speed BRI railway in Laos officially opens with questions about its ability to deliver the economic goods and economic viability. Japanese government taking steps to institute a system for intensified security screening of foreign goods, parts, and service providers. Japan will enhance cooperation with International Labor Organization (ILO) to ensure Japanese companies have better human rights due diligence systems. Korean legislator charges that Apple and Google are not sufficiently complying with law barring dominant app store operators from forcing app developers to use their payment systems. Korea’s SK Hynix may not be able to upgrade memory chip factory in China due to United States opposition to its planned use of ASML chip making equipment.
November 2nd, 2021
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.
October 2nd, 2021
China Ministry of Commerce (MOFCOM) looking at negative list for cross-border services trade in the country’s free trade zones (FTZs). China’s Ministry of Industry and Information Technology publishes draft regulations relating to the classification of data and data export restrictions. American Chamber of Commerce in Shanghai indicates members doing well in China, optimistic about their revenue prospects, and have little intention to move outside of China. High-level Chinese official says Pakistan needs to provide high-level security assurances for China-Pakistan Economic Corridor (CPEC). Chinese outward foreign direct investment (FDI) flows into India severely constrained by bilateral tensions, though some Chinese mobile apps have found new ways to resume operations. COSCO Shipping Ports, to acquire a 35 percent stake in container terminal at the Port of Hamburg. To settle a Japan Fair Trade Commission investigation, Apple modifies the payment policies for some App Store apps. Japan protests South Korean court order forcing Mitsubishi Heavy Industries Ltd. (MHI) to sell assets to provide compensation for wartime forced labor. Samsung calls upon United States (US) to increase tax incentives for its semiconductor FDI in the US. European Commission representative travels to Korea to encourage Korean semiconductor markets to establish operations in the European Union. US Department of Commerce demands confidential business information from Korean chipmakers because of concerns about automobile sector chip shortages. China’s measures to limit online gaming time for young gamers have potentially big longer-term implications for Korean gaming companies.
September 1st, 2021
China’s utilized inward foreign direct investment (FDI) showed solid growth over the first seven months of 2021 compared to the prior year period. China’s Ministry of Commerce (MOFCOM) is working to develop an improved negative list for 2021. China’s MOFCOM orchestrates site visits for foreign Chambers of Commerce, industry associations, and businesses in Xinjiang. China’s outward FDI (OFDI) to Belt and Road Initiative (BRI) countries shows solid growth for the first seven months of 2021 year-over-year (YOY), though China’s total nonfinancial OFDI growth rate was negative YOY. India’s massive infrastructure plans attract the cautious interest of Chinese companies and investors. Chinese companies hope regime change in Afghanistan will lead to improved security and stability that facilitates restarting investment and infrastructure projects and initiating new ones. The Japanese government moves to implement a law limiting FDI or activities in sensitive areas such as near military installations or critical infrastructure. Japan’s Kirin Holdings has no intention to exit Myanmar despite the political turmoil that has flowed the military coup there. South Korea moves towards the approval of a law that will limit the ability of firms like Google and Apple for force software developers to use their payment systems on in-app purchases. Korea levies fines and penalty surcharges against Facebook and Netflix for improper data collection, disclosure, and/or cross-border data transfer practices.
August 4th, 2021
China’s Ministry of Commerce (MOFCOM) reports strong inward foreign direct investment (FDI) growth over the first half of 2021 relative to 2020. China MOFCOM spokesperson assures foreign investors that China’s national security review process for FDI will be done selectively and carefully and that China is still open. Ericsson says declining results in China affected by Swedish government’s decision to ban Huawei and ZTE from its 5G network. Reduced outward FDI (OFDI) activity by Chinese firms for various reasons including Covid is dramatically reducing their foreign currency-denominated borrowings. The United Kingdom is reconsidering the involvement of Chinese state-owned enterprise (SOE) China General Nuclear in two British nuclear power plants. Chinese President Xi Jinping highlights Belt and Road Initiative in conversations with leaders from Ukraine, Turkey, and Barbados. Japanese OFDI deal counts and volumes show notable increase in the 2nd quarter of 2021. Japanese government moves as well as the risk of boycotts and investment divestitures drive Japanese textile industry to work to purge its supply chain from human rights abuses. In the face of a social media backlash and the risk of a boycott, Japan’s Toyota once again ceases PAC donations to members of the United States (US) Congress that denied the legitimacy of the 2020 US Presidential election. Korea’s Minister for Science and ICT supports tax on overseas platform companies while warning of potential overseas taxes on Korean companies. Korea paying increasing attention to country’s OFDI flows, with some worrying it might lead to deindustrialization and unemployment.
July 3rd, 2021
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.
June 2nd, 2021
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
May 15th, 2021
Tesla’s road in China becomes bumpier. China’s China Securities Regulatory Commission (CSRC) accepts application from France’s BNP Paribas to set up securities firm in China. China’s foreign direct investment (FDI) in and lending to Africa switch from a focus on energy to minerals which also has implications for the countries that it targets. China’s Ministry of Commerce reports that non-financial outward FDI (OFDI) in the first quarter of 2021 grew 4.6 percent over the same period in 2020, with solid growth in OFDI to Belt and Road Initiative (BRI) countries. Japan’s Line works to improve disclosures and employee data handling practices in the wake of revelations employees at an affiliate in China accessed some of its users’ data. Major investment by Tencent subsidiary in Japan’s Rakuten draws regulatory attention due to concerns about the leak of personal information and technology from the latter to the former. Korea Fair Trade Commission (KFTC) imposes fine on Apple Korea due to Apple Korea actions that disrupted a KFTC investigation of Apple Korea’s abuse of its market dominance. Korean actors move to organize lawsuit against Facebook which has been found by Korean regulators to have violated Korean law by sharing user data without consent. Korea’s Samsung and Hyundai Motor reportedly prepare big proposals for FDI in the US prior to upcoming summit between Korean President Moon and US President Biden. SK Innovation pays $1.8 billion to LG Energy Solutions to settle a dispute between the two firms relating to the former’s theft of electric battery trade secrets from the latter.
April 2nd, 2021
China Ministry of Commerce spokesperson says China’s new foreign investment security review will not impose unnecessary burden on normal foreign businesses. China’s National People’s Congress Standing Committee Chairman says China will press forward on efforts to combat the extraterritorial application of foreign sanctions. China Banking and Insurance Regulatory Commission gives foreign investors the right to acquire a 51+ percent stake in Chinese insurance companies. China’s economic sanctions against members of European Parliament threaten to disrupt the ratification process of the EU-China Comprehensive Agreement on Investment (CAI). Sweden’s H&M faces backlash because of its stance of working with factories in or products from Xinjiang. Chinese executives in state-owned enterprises in Myanmar say turmoil in the country has not affected Belt and Road Initiative projects. Brexit has adversely affected Japanese foreign direct investment (FDI) in the United Kingdom. The head of SBI Holdings says he will move the firm’s brokerage out of Hong Kong due to the evolving political situation. Line takes steps to limit the access of Chinese affiliates and contractors to Japanese data and shift data from Korea to Japan. Japan’s Fast Retailing suffers disruptions due to fires set at two of its Myanmar suppliers in wake of military coup. Korea advances industrial cluster scheme to increase its local production capabilities in the wake of tensions with Japan and Covid-19 related disruptions. In response to complaints, Google Korea will lower in-app purchase commission for smaller app developers. South Korean companies partnering with Chinese internet platform and fintech firms worry that Beijing’s increasing regulation of the latter may adversely affect their joint ventures. The governor of Georgia asks US President Biden to overturn a United States International Trade Commission ruling that threatens a SK Innovation factory in Georgia.
February 2nd, 2021
China receives the largest amount of inward foreign direct investment (FDI) in 2020. China’s 2020 revised catalog of encouraged FDI takes effect increasing the number of encouraged sectors. China issues rules to counteract foreign extraterritorial sanctions affecting its nationals and companies. Renewable energy investments dominate China’s Belt and Road Initiative (BRI) energy infrastructure investments in 2020, though coal remains prominent. India makes ban on dozens of Chinese mobile phone apps permanent due to national security and data privacy concerns. China asks India to clarify its permanent ban against Chinese mobile apps. Japan creates English-language, one stop shop to help foreign financial firms set up operations in Japan. United States (US) sanctions against Huawei and limits on Huawei’s involvement in foreign telecommunications infrastructure projects led Japan’s Sumitomo to turn elsewhere for business. Brexit deal between United Kingdom (UK) and European Union (EU) will keep Nissan producing electric vehicles in the UK. Japan unconvinced Korean President Moon Jae-In’s labeling of a 2018 Supreme Court decision on corporate assets as “undesirable” will solve anything. The head of GM Korea emphasizes labor issues as one of the factors that reduce South Korea’s appeal as a destination for FDI. SK Innovation to invest $895 million into a battery plant in Georgia, a move some feel is about winning a case before the US International Trade Commission. Daewoo Engineering & Construction wins major port facility contracting deal in Iraq. Korea Hydro & Nuclear Power gets contract for major dams in Pakistan.

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