China
China ‘gamed’ UN human rights review, experts say
A top Chinese diplomat said Beijing would “earnestly study” 428 recommendations for addressing human rights submitted by U.N. members, calling them “objective and balanced.”
But leading experts said China “gamed” the once-every-five-year “universal periodic review” to avoid scrutiny of its rights abuses.
Chen Xu, China’s ambassador to the U.N. offices in Geneva, said following the adoption of the report that he was happy with the many recommendations by 141 countries, and that Beijing would release its positions on each of the suggestions next month.
“The report just adopted is, in general, objective and balanced, and has reflected the statements and the recommendations during the meeting,” Chen said in remarks to the council. “We believe the majority of the comments and recommendations are constructive.”
Tuesday’s three-hour review session descended into farce, with the unusually high number of participating countries meaning each only had 45 seconds to provide an assessment of a country that has been accused of possible crimes against humanity by a U.N. body.
Under this process, each of the 193 U.N. member states has their rights record reviewed on a rolling five-year basis.
A report by Reuters said Chinese diplomats had in the lead-up to the session lobbied countries to turn up with soft-ball assessments.
Gaming the system
The many contributions during Tuesday’s session worked to draw attention away from some of the worst claims of rights abuse in China, including the treatment of Uyghurs, Tibetans and Hong Kongers.
While Western nations including the United States, Finland, Canada, Switzerland and the United Kingdom focussed on China’s treatment of Tibetans and Uyghurs in the country’s west during their 45 seconds, many countries offered praise for things like legal system reforms.
William Nee, the research and advocacy coordinator for the Washington-based Chinese Human Rights Defenders, said Beijing had used its diplomatic heft to water-down legitimate criticism of its human rights record by inundating the process with friendly voices.
“This time, they tried to game the process,” Nee told Radio Free Asia. “There was an intense lobbying campaign for countries to ask questions that essentially the Chinese government wrote in advance. There were a lot of softball questions and very easy questions.”
Nee added that some countries’ recommendations even appeared to poke fun at the global condemnation of the China’s treatment of Tibetans and Uyghur citizens, the latter of whom the U.S. government says are the victim of an ongoing campaign of genocide.
Russia, he noted, said China should “improve gradually people’s sense and ability of using standard spoken and written Chinese language in Xinjiang,” referring to the far-western region where Uyghurs live.
Venezuela, meanwhile, said China must “firmly oppose the politicization” of human rights “under the pretext of issues related to Xinjiang, Hong Kong and Xizang,” the latter of which is the new official romanized name for Tibet adopted by the Chinese government.
“If we look at the advanced questions submitted, it seems as though some of those questions could have been drafted by the Chinese government, to be quite blunt,” said Kai Müller, executive director and head of U.N. advocacy at the International Campaign for Tibet.
Nothing new
Sophie Richardson, the former China director at Human Rights Watch, told RFA that China openly flouted U.N. requirements to allow input from independent civil society groups into the self-report it submits.
“There’s a long list of ways the Chinese government tried to game the process this time around, which has to start with the way it tried to game the process the last time around,” Richardson said, pointing to China’s boasting of its fidelity to recommendations made in 2018.
China that year accepted 284 of the 346 recommendations made by some 150 countries. But many of those, Richardson said, were the ones that were “vague or meaningless, or in fact encouraged the Chinese government to keep committing human rights violations.”
“Beijing has held that up as real progress,” she said, even though “five years later, we know it is committing atrocity crimes.”
But China’s “gaming” of the review process did not entirely wipe out opportunities for countries to speak out about their legitimate concerns.
There was a heightened focus, for example, on the plight of Tibetans and Uyghurs, with the number of recommendations related to Tibet increasing to 24 from 10 in 2018. Likewise, the number of countries mentioning Tibet in their floor speeches doubled from nine to 20.
“The dramatic increase in the number of U.N. member states who spoke out for Tibet … speaks to the existential threat China’s assimilationist policies pose to the Tibetan people,” said Lhadon Tethong, the director of the Tibet Action Institute.
Campaign for Uyghurs executive director Rushan Abbas said the 30 countries who called out human rights abuses against Uyghurs showed that the world was no longer being fooled by China’s denials.
“This significant outcry, despite China’s persistent lies and outright denial, stands as a testament to the commitment to human rights and justice,” Abbas said. “It also sends a powerful message that the international community will not be swayed by false narratives in light of the mounting evidence exposing the crimes of the PRC.”
China has until Feb. 9, 2024 to provide its initial written response to each of the…
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China
China Provides Tax Incentives on Special Equipment for Green and Digital Development
China has introduced a new tax incentive for companies investing in digital and smart upgrades of special equipment to encourage environmental protection and safe production. Companies can enjoy a 10 percent deduction from their corporate income tax payable. Eligibility and requirements are outlined by the Ministry of Finance and State Tax Administration.
A new China tax incentive aims to encourage companies to invest in digital and smart upgrades of special equipment. Companies upgrading certain equipment that aids environmental protection and safe production can enjoy a deduction of the investment at a rate of 10 percent from their corporate income tax payable. We explain the requirements of the new tax incentive.
China’s Ministry of Finance (MOF) and State Tax Administration (STA) have issued a new preferential corporate income tax (CIT) incentive for companies investing in digital and intelligent transformations of certain types of equipment. To be eligible for the incentive, companies must invest in the digital and intelligent transformation of equipment related to energy and water conservation, environmental protection, and safe production.
The new tax incentive aligns with a State Council Action Plan, released in March 2024, which aims to accelerate the renewal of large-scale equipment and consumer goods, promoting high-quality development and driving investment and consumption for long-term benefits.
If the annual CIT payable is insufficient for the offset, it can be carried forward to future years for up to five years.
The CIT payable refers to the balance after multiplying the annual taxable income by the applicable tax rate and deducting the tax reductions and exemptions according to China’s CIT Law and relevant preferential policies.
Note that companies enjoying the tax incentives must use the transformed equipment themselves. If the equipment is transferred or leased within five tax years after the transformation is completed, the incentives must stop from the month the equipment is no longer in use, and the previously offset CIT must be repaid.
The “special equipment” eligible for the preferential tax treatment covers equipment purchased and used by companies listed in the Catalog of Special Equipment for Safe Production for Corporate Income Tax Incentives (2018 Edition) and the Catalog of Special Equipment for Energy Saving, Water Conservation, and Environmental Protection for Corporate Income Tax Incentives (2017 Edition).
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
Revealing the Encouraged Industries of Hainan in 2024: Unlocking Opportunities
The 2024 Hainan Encouraged Catalogue, issued by the NDRC, MOF, and STA, aims to boost industries in the Hainan Free Trade Port. It prioritizes sectors like tourism, modern services, and high technologies, offering incentives for foreign investment and market access expansion since 2020. The Catalogue includes 176 entries across 14 categories, with 33 new additions focusing on cultural tourism, new energy, medicine and health, aviation, aerospace, and environmental protection.
The National Development and Reform Commission (NDRC), in collaboration with the Ministry of Finance (MOF) and the State Taxation Administration (STA), has issued the Catalogue of Industries Encouraged to Develop in Hainan Free Trade Port (2024 Version), hereinafter referred to as the “2024 Hainan Encouraged Catalogue.” The updated Catalogue took effect on March 1, 2024, replacing the previous 2020 Edition.
Beyond the industries already addressed in existing national catalogues, the new entries in the 2024 Hainan Encouraged Catalogue are based on practical implementation experiences and the specific needs within Hainan, prioritizing sectors such as tourism, modern services, and high technologies.
The Hainan FTP has been providing incentives to draw investors to invest and establish businesses in the region, especially foreign investment. Alongside a phased approach to opening the capital account and facilitating free capital movement, Hainan has significantly expanded market access for foreign enterprises since 2020, particularly in sectors such as telecommunications, tourism, and education.
The Hainan Encouraged Catalogue comprises two main sections:
Similar to the approach adopted by the western regions, foreign-invested enterprises (FIEs) should always implement their production or operations in accordance with the Catalogue of Encouraged Industries for Foreign Investment.
On top of the industries already addressed in existing national catalogues, the 2024 Hainan Encouraged Catalogue encompasses 14 distinct categories and a total of 176 entries especially encouraged in the region, including 33 new additions compared to the 2020 Edition. These new entries predominantly span cultural tourism, new energy, medicine and health, aviation and aerospace, and ecological and environmental protection, among others.
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
Key Guidelines for Companies in Compliance Audits for Personal Information Protection Standards
China’s standards authority has released draft standards for personal information protection compliance audits, potentially making them mandatory for companies in 2023. The audits will require companies to undergo annual or biennial checks based on the number of people’s information they handle. The draft standards outline the audit process and requirements, seeking public feedback until September 11, 2024.
China’s standards authority has released draft standards for conducting personal information protection compliance audits. Regular compliance audits to ensure compliance with personal information protection regulations may become a requirement for companies in China under draft measures released in 2023. We explain the audit processes and requirements proposed in the draft standards.
The Standardization Administration of China (SAC) has released a set of draft standards for conducting personal information (PI) protection compliance audits. Under draft measures released by the Cyberspace Administration of China (CAC) in August 2023, companies that process the PI of people in China are required to undergo regular compliance audits.
Specifically, companies that process the PI of over one million people must undergo a compliance audit at least once a year, while companies that process the PI of under one million people must carry out an audit at least once every two years.
While the draft measures stipulate the obligations of the auditing body and the audit scope, the draft standards outline the specific audit process, including evidence management and permissions of the audit organization, as well as the professional and ethical requirements of auditors.
The Secretariat of the National Cybersecurity Standardization Technical Committee is soliciting public feedback on the draft standards until September 11, 2024. Public comment on the draft measures released in August last year closed on September 2, 2023, but no updated document has yet been released.
The draft standards outline five stages of the PI protection compliance audit: audit preparation, implementation, reporting, problem rectification, and archiving management.
Auditors are required to accurately document identified security issues in the audit working papers, ensuring that the records are comprehensive, clear, and conclusive, reflecting the audit plan and its execution, as well as all relevant findings and recommendations.
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 Provides Tax Incentives on Special Equipment for Green and Digital Development
- Revealing the Encouraged Industries of Hainan in 2024: Unlocking Opportunities
- Key Guidelines for Companies in Compliance Audits for Personal Information Protection Standards
- A Comprehensive Guide to China’s Expanded 144-Hour Visa-Free Transit Policy at 37 Ports
- Regulatory Changes in China Aim to Boost Service Sector Growth in Six Cities
- Adhering to Updated Registered Capital Regulations in China’s Revised Company Law
