China
Tsai arrives in US amid Beijing’s protests
Taiwanese President Tsai Ing-wen arrived in New York on Wednesday amid a war of words between Washington and Beijing about her visit and threats of unspecified “countermeasures” from a Chinese official.
Tsai touched down just before 3 p.m. at John F. Kennedy International Airport and was ushered by security into the Lotte New York Palace hotel on Madison Avenue – past throngs of tussling protesters and supporters being watched closely by police – shortly after 4 p.m.
Armed with banners and loudspeakers, protesters led by the New York Alliance for China’s Peaceful Reunification, a local pro-Beijing group, had arrived early in the day and set up positions along the street.
By the time of Tsai’s arrival, the group easily outnumbered Tsai’s supporters, most of whom did not arrive until about half an hour before the Taiwanese president, and though arguments broke out amid a tense mood, police kept the two groups separate.
A member of the local Chinese community who requested anonymity due to safety concerns told Radio Free Asia he had received a telephone call from the Chinese Consulate in New York asking him to attend the protest to “safeguard the unity of the motherland.”
Travel itinerary
Tsai spends two nights in New York, delivering a speech and receiving a leadership award at the Hudson Institute on Thursday, before departing Friday for official visits to Guatemala and Belize.
She returns on Tuesday to Los Angeles for two more nights in the United States, where she will deliver a speech to the Ronald Reagan Presidential Library and meet House Speaker Kevin McCarthy.
The trip comes amid tensions between China and the United States over Taiwan in the past year, with U.S. officials accusing Beijing of preparing to invade the self-governing island in the coming years and former House Speaker Nancy Pelosi last year visiting the island.
It’s not the first time a Taiwanese leader has “transited” the United States, with the practice starting in the 1990s, but Beijing appears irked by Tsai’s plans to deliver two speeches and meet McCarthy, who has himself suggested he could repeat Pelosi’s visit to Taiwan.
Countermeasures
The response from Beijing – which views Tsai’s trip as part of a growing effort by Taiwan to assert independence – has already been vexed, with a particular fury reserved for the McCarthy meeting.
During a press conference on Wednesday, Zhu Fenglian, spokesperson for the Taiwan Affairs Office of China’s State Council, threatened “countermeasures” if Tsai meets with McCarthy.
“If she has contact with U.S. House Speaker McCarthy, it will be another provocation that seriously violates the ‘One China’ principle, harms China’s sovereignty and territorial integrity, and destroys peace and stability in the Taiwan Strait,” Zhu said before Tsai’s departure.
“We firmly oppose this and will take resolute countermeasures.”
But U.S. officials say the “transit” – Tsai’s seventh time in the United States as Taiwan’s leader – does not constitute an official visit. Instead, they insist that Taiwan’s leader is visiting in a private capacity, and say it’s a standard practice for leaders of the democratic island.
Beijing, though, regards Taiwan a renegade province and has threatened to forcibly “reunite” it with the mainland, and says American relations with Taiwan violate a 50-year-old agreement.
Chinese officials also deny that such “transits” are standard.
Foreign Ministry spokesperson Mao Ning said Wednesday that the United States was “hollowing out the ‘One China’ principle” and that “past mistakes do not justify any new mistake.”
“The ones who are creating the problem and making provocations is not China, but the U.S. and the ‘Taiwan independence’ separatists,” Mao said. “We urge the U.S. to abide by the ‘One China’ principle.”
Mao called on the United States to “earnestly deliver on its leaders’ commitment of not supporting ‘Taiwan independence’ or ‘two Chinas’ or ‘One China, one Taiwan,’ stop all forms of official interaction with Taiwan,” and to stop “upgrading” its relationship with Taiwan.
‘External pressure’
Leaving Taiwan on Wednesday, Tsai pledged not to be swayed.
“I want to tell the whole world democratic Taiwan will resolutely safeguard the values of freedom and democracy, and will continue to be a force for good in the world, continuing a cycle of goodness, strengthening the resilience of democracy in the world,” Tsai said.
“External pressure,” she added, in reference to the backlash from Beijing, would not “obstruct” Taiwan’s engagement with the world.
U.S. officials say Tsai will not meet with anyone from the Biden administration during her six days in total on American soil.
State Department principal deputy spokesperson Vedant Patel reiterated Wednesday that Tsai’s trip was “consistent with our unofficial nature of relations with Taiwan” and did not alter “our ‘One China’ policy,” which diverges from Beijing’s “One China” principle.
“There is no reason to take countermeasures; there’s no reason for Beijing to turn this transit, which is consistent with long-standing U.S. policy, into something it’s not, or to overreact,” Patel told reporters.
“We oppose any unilateral changes to the status quo, from either side. We don’t support Taiwan independence and we continue to expect that cross-strait differences be resolved through peaceful means.”
But Patel declined to comment on McCarthy’s plans, saying they were his prerogative as a leader of a “co-equal branch of government.”
Edited by Malcolm Foster
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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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