China's New Blocking Statute and Anti-Foreign Sanctions Law: Implications for Multinational Companies, Diligence, Reporting Obligations, and Impact on Affiliates
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide counsel to multinational companies operating in China on China's new Blocking Statute and Anti-Foreign Sanctions Law. The panel will examine these new laws and their impact on multinational companies in China. The panel will address the obligations placed on multinational companies and their China-based affiliates and offer best practices for ensuring compliance.
Outline
- China's new Blocking Statute and the Anti-Foreign Sanctions Law
- Reporting obligations
- Implicated foreign laws
- Exemption
- Private right of action
- Noncompliance
- Implications for multinational companies
- Obligations on multinationals
- Reporting obligations
- Diligence questions
- Potential liability and exposure to litigation
- Impact on affiliates
- Best practices
- Compliance
- Reviewing commercial contracts with Chinese entities
Benefits
The panel will review these and other key issues:
- What do China's new laws mean for multinational companies operating in China?
- What steps should multinational companies in China take when facing inconsistent compliance obligations?
- What penalties could result from noncompliance?
Faculty
Giovanna M. Cinelli
Partner
Morgan, Lewis & Bockius
Ms. Cinelli is the leader of the firm’s international trade and national security practice. As a practitioner for... | Read More
Ms. Cinelli is the leader of the firm’s international trade and national security practice. As a practitioner for more than 30 years, she counsels clients in the defense and high-technology sectors on a broad range of issues affecting national security and export controls, including complex export compliance matters, audits, cross-border due diligence, and export enforcement, both classified and unclassified. Ms. Cinelli handles complex civil and criminal export-related investigations and advises on transactional due diligence for regulatory requirements involving government contracts, export policy, and compliance, as well as settlement of export enforcement actions before the U.S. departments of State, Commerce, Treasury, and Defense, and related agencies. Ms. Cinelli regularly speaks and writes on international arms trade, technology transfer, national security cross-border requirements, and export issues. She has participated in panel discussions related to CFIUS and technology transfer hosted by the Center for Strategic and International Studies and the Council on Foreign Relations.
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Melissa Duffy
Partner
Dechert
Ms. Duffy focuses her practice on a broad range of international trade matters, including export controls, OFAC... | Read More
Ms. Duffy focuses her practice on a broad range of international trade matters, including export controls, OFAC sanctions, regulation of emerging technologies, digital trade, CFIUS, tariffs, trade remedies, and national security issues involving several U.S. agencies, both civil and criminal. Ms. Duffy advises multinational companies across a wide range of sectors, including technology, financial, manufacturing, consumer goods, and energy. She counsels clients on day-to-day compliance operations, and she advocates daily before the U.S. government, in coordinating meetings for clients with regulators, drafting requests for regulatory guidance, preparing export and sanctions license requests, advising on rulemakings, preparing commodity classification and jurisdiction requests, counseling on tariff strategies, advocacy in trade remedies proceedings involving antidumping and countervailing duty matters, and investigating and preparing complex voluntary disclosures. Ms. Duffy has extensive knowledge of the high-technology sector, having built deep relationships with clients in the computer, telecom, satellite, semiconductor, network infrastructure, cybersecurity and encryption, software, autonomous vehicle, sensor and artificial intelligence industries. Ms. Duffy is highly regarded in her area of practice, presenting and publishing regularly on international trade and technology regulations.
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Benjamin Kostrzewa
Foreign Legal Consultant
Hogan Lovells
Mr. Kostrzewa served as assistant general counsel at the Office of the U.S. Trade Representative (USTR), where he... | Read More
Mr. Kostrzewa served as assistant general counsel at the Office of the U.S. Trade Representative (USTR), where he handled U.S.-China disputes and negotiations, World Trade Organization (WTO) disputes, and free trade agreement (FTA) negotiations. He advises clients in the ever-changing area of international trade law with a focus on the Asia-Pacific region. Mr. Kostrzewa’s experience at the USTR and deep knowledge of the greater China market uniquely position him to assist global clients in navigating U.S. export controls, Section 301, U.S.-China trade disputes, U.S. sanctions policies, and other complex trade law challenges. Mr. Kostrzewa assists his clients on the full spectrum of trade issues, including cross-border export controls and sanctions investigations, Section 301, anti-dumping and countervailing duty matters, FTA negotiations, Section 232 and Section 301 exclusion applications, customs issues, Committee on Foreign Investment in the United States filings, and WTO and FTA disputes. He represents clients before the USTR; Departments of Commerce, State, and Treasury; International Trade Commission; WTO; and U.S. Customs and Border Protection.
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