China
What’s at stake in decoupling innovation?
Author: Andrew Kennedy, ANU
Some degree of ‘decoupling’ between the United States and China is already underway, but it remains unclear how far it will go and what it could mean for the world. Much of the analysis so far has focused on the potential decoupling of high-tech supply chains and product markets. Even so, decoupling could also curtail transnational connections between national innovation systems, reshaping how high-tech products and knowledge are created in the first place.
Transnational innovation linkages have become increasingly important in recent decades. Multinationals invest growing sums in global research and development (R&D) networks, scientists increasingly collaborate with colleagues overseas, and ‘brain circulation’ between countries has become entrenched. What would decoupling mean for these growing cross-border connections?
In some regards, China remains a small player in transnational innovation. Between 2000 and 2019, Chinese organisations participated in 12 per cent of all multinational R&D alliances, while US organisations participated in 62 per cent. Foreign firms have also limited their R&D activity in China due to concerns about intellectual property protection, cybersecurity policies, limited local talent and compliance with Chinese standards.
While Chinese firms’ investment in R&D abroad has increased in recent decades, much of this activity reflects the expansion of just one firm — technology giant Huawei. Chinese firms more generally remain marginal players in the innovation systems of OECD countries.
The United Kingdom is a striking example. A remarkable 53 per cent of all business R&D spending in the country came from foreign firms in 2018. Chinese firms accounted for just 2 per cent of this number. US firms accounted for 40 per cent, non-UK European firms made up 29 per cent, and Japanese firms contributed 7 per cent.
China has become a major player in other aspects of transnational innovation, however. China has clearly emerged as a key global partner in basic scientific research. China-based scientists contributed to 23 per cent of the more than 1.5 million scientific articles featuring authors from multiple countries between 2016 and 2019. They were second to only their counterparts in the United States, who contributed to 42 per cent.
China’s rise as a key partner in basic science reflects close collaboration with the United States in particular. China is now the leading source of co-authors for US-based scientists, eclipsing traditional partners like the United Kingdom and Germany. More than 12 per cent all of scientific articles published by US-based scientists from 2016 to 2019 featured a China-based co-author. China-based scientists are also key collaborators for counterparts in Australia, Canada, Japan, and the United Kingdom.
China also plays a critical role in cross-border flows of the ultimate ingredient in innovation: brainpower. The annual number of Chinese students going abroad jumped from 144,000 in 2007 to more than 700,000 in 2019. While many of these students return home after completing their studies, the circulation of Chinese brainpower has also enriched other countries. This is not only because Chinese students spend money in their host countries, but also because Chinese migrants enrich pools of human capital abroad.
In 2015–2016, there were 4.6 million migrants from China in OECD countries, 2 million of which had post-secondary educations — an increase of roughly 300,000 since 2010–2011. This growing pool of mobile human capital contains many of China’s most talented graduates, since China still struggles to bring back its best and brightest.
The United States has been the most obvious beneficiary of the circulation of Chinese brainpower. US universities attract more Chinese students than those of any other country in the world, and many of these students pursue graduate degrees in science and engineering (S&E). Students from China earned 32 per cent of all S&E doctorates awarded to foreign students in the United States between 2000 and 2017.
In addition, most of these new PhD graduates remain in the United States to work. Between 2011 and 2013, 11,000 Chinese students earned doctorates in S&E fields from US universities. As of 2017, 83 per cent of them were still in the country.
The ability of the United States to attract Chinese brainpower is also clearly evident in emerging fields like artificial intelligence (AI). A recent study of top AI researchers trained in China found that three-quarters had moved…
China
New Publication: A Guide for Foreign Investors on Navigating China’s New Company Law
The sixth revision of China’s Company Law is the most extensive amendment in history, impacting foreign invested enterprises with stricter rules on capital injection and corporate governance. Most FIEs must align with the New Company Law by July 1, 2024, with a deadline of December 31, 2024 for adjustments. Contact Dezan Shira & Associates for assistance.
The sixth revision of China’s Company Law represents the most extensive amendment in its history. From stricter capital injection rules to enhanced corporate governance, the changes introduced in the New Company Law have far-reaching implications for businesses, including foreign invested enterprises (FIEs) operating in or entering the China market.
Since January 1, 2020, the Company Law has governed both wholly foreign-owned enterprises (WFOEs) and joint ventures (JVs), following the enactment of the Foreign Investment Law (FIL). Most FIEs must align with the provisions of the New Company Law from July 1, 2024, while those established before January 1, 2020 have bit more time for adjustments due to the five-year grace period provided by the FIL. The final deadline for their alignment is December 31, 2024.
In this publication, we guide foreign investors through the implications of the New Company Law for existing and new FIEs and relevant stakeholders. We begin with an overview of the revision’s background and objectives, followed by a summary of key changes. Our in-depth analysis, from a foreign stakeholder perspective, illuminates the practical implications. Lastly, we explore tax impacts alongside the revisions, demonstrating how the New Company Law may shape future business transactions and arrangements.
If you or your company require assistance with Company Law adjustments in China, please do not hesitate to contact Dezan Shira & Associates. For more information, feel free to reach us via email at china@dezshira.com.
This article is republished from China Briefing. Read the rest of the original article.
China Briefing is written and produced by Dezan Shira & Associates. The practice assists foreign investors into China and has done since 1992 through offices in Beijing, Tianjin, Dalian, Qingdao, Shanghai, Hangzhou, Ningbo, Suzhou, Guangzhou, Dongguan, Zhongshan, Shenzhen, and Hong Kong. Please contact the firm for assistance in China at china@dezshira.com.
China
Lingang New Area in Shanghai Opens First Cross-Border Data Service Center to Streamline Data Export Process
The Lingang New Area in Shanghai has launched China’s first Cross-Border Data Service Center to facilitate data export for companies in Shanghai. The center will help with applications, data catalogs, and management, aiming to provide legal and safe cross-border data transfer mechanisms.
The Lingang New Area in Shanghai’s Pilot Free Trade Zone has launched a new cross-border data service center to provide administrative and consulting services to companies in Shanghai that need to export data out of China. The service center will help facilitate data export by accepting applications from companies for data export projects and is tasked with formulating and implementing data catalogs to facilitate data export in the area. The Shanghai cross-border data service center will provide services to companies across the whole city.
The Lingang New Area in the Shanghai Pilot Free Trade Zone has launched China’s first Cross-Border Data Service Center (the “service center”). The service center, which is jointly operated by the Cybersecurity Administration of China (CAC) and the local government, aims to further facilitate legal, safe, and convenient cross-border data transfer (CBDT) mechanisms for companies.
The service center will not only serve companies in the Lingang New Area but is also open to companies across Shanghai, and will act as an administrative service center specializing in CBDT.
In January 2024, the local government showcased a set of trial measures for the “classified and hierarchical” management of CBDT in the Lingang New Area. The measures, which have not yet been released to the public, seek to facilitate CBDT from the area by dividing data for cross-border transfer into three different risk categories: core, important, and general data.
The local government also pledged to release two data catalogs: a “general data” catalog, which will include types of data that can be transferred freely out of the Lingang New Area, and an “important data” catalog, which will be subject to restrictions. According to Zong Liang, an evaluation expert at the service center, the first draft of the general data catalog has been completed and is being submitted to the relevant superior departments for review.
In March 2024, the CAC released the final version of a set of regulations significantly facilitating CBDT for companies in the country. The new regulations increase the limits on the volume of PI that a company can handle before it is required to undergo additional compliance procedures, provide exemptions from the compliance procedures, and clarify the handling of important data.
Also in March, China released a new set of technical standards stipulating the rules for classifying three different types of data – core, important, and general data. Importantly, the standards provide guidelines for regulators and companies to identify what is considered “important” data. This means they will act as a reference for companies and regulators when assessing the types of data that can be exported, including FTZs such as the Lingang New Area.
This article is republished from China Briefing. Read the rest of the original article.
China Briefing is written and produced by Dezan Shira & Associates. The practice assists foreign investors into China and has done since 1992 through offices in Beijing, Tianjin, Dalian, Qingdao, Shanghai, Hangzhou, Ningbo, Suzhou, Guangzhou, Dongguan, Zhongshan, Shenzhen, and Hong Kong. Please contact the firm for assistance in China at china@dezshira.com.
China
A Concise Guide to the Verification Letter of Invitation Requirement in the China Visa Process
The application procedures for business visas to China have been simplified, with most foreigners now able to apply for an M/F visa using only an invitation letter from a Chinese company. Some countries are eligible for visa-free entry. However, a Verification Letter of Invitation may still be needed in certain cases. Consult the local Chinese embassy for confirmation.
In light of recent developments, the application procedures for business visas to China have undergone substantial simplification. Most foreigners can now apply for an M/F visa using only the invitation letter issued by a Chinese company. Additionally, citizens of certain countries are eligible to enter China without a visa and stay for up to 144 hours or even 15 days.
However, it’s important to note that some applicants may still need to apply for a “Verification Letter of Invitation (邀请核实单)” when applying for an M/F visa to China. In this article, we will introduce what a Verification Letter of Invitation is, who needs to apply for it, and the potential risks.
It’s important to note that in most cases, the invitation letter provided by the inviting unit (whether a public entity or a company) is sufficient for M/F visa applications. The Verification Letter for Invitation is only required when the Chinese embassies or consulates in certain countries specifically ask for the document.
Meanwhile, it is also essential to note that obtaining a Verification Letter for Invitation does not guarantee visa approval. The final decision on granting a visa rests with the Chinese embassy abroad, based on the specific circumstances of the applicant.
Based on current information, foreign applicants in Sri Lanka and most Middle East countries – such as Turkey, Iran, Afghanistan, Syria, Pakistan, and so on – need to submit a Verification Letter for Invitation when they apply for a visa to China.
That said, a Verification Letter for Invitation might not be required in a few Middle East countries, such as Saudi Arabia. Therefore, we suggest that foreign applicants consult with their the local Chinese embassy or consulate to confirm in advance.
This article is republished from China Briefing. Read the rest of the original article.
China Briefing is written and produced by Dezan Shira & Associates. The practice assists foreign investors into China and has done since 1992 through offices in Beijing, Tianjin, Dalian, Qingdao, Shanghai, Hangzhou, Ningbo, Suzhou, Guangzhou, Dongguan, Zhongshan, Shenzhen, and Hong Kong. Please contact the firm for assistance in China at china@dezshira.com.
- New Publication: A Guide for Foreign Investors on Navigating China’s New Company Law
- Lingang New Area in Shanghai Opens First Cross-Border Data Service Center to Streamline Data Export Process
- A Concise Guide to the Verification Letter of Invitation Requirement in the China Visa Process
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