How U.S. Companies Should Think About China’s Counterespionage Law and Other Actions Taken in Response to U.S. Restrictions

While the Biden’s administration’s recent corporate enforcement actions and initiatives have garnered significant press attention, China has engaged in recent months in a series of less-publicized corporate enforcement actions and initiatives against non-Chinese companies (mostly, but not exclusively, U.S.-based) operating in the country, including through new investigations, raids of China-based offices, and even detention of employees. China has taken many of these actions based on alleged violations of laws established or updated in the last five years, some of which were issued in response to actions taken by the United States in the ongoing U.S.-China Strategic Competition.

This program will provide an understanding of some of the national security and trade restrictions aimed at China that the United States has taken, and China’s responses, including China’s updated Counterespionage Law, which went into effect on July 1, 2023, with a particular focus on how you and your company should approach risk mitigation.

During this discussion registrants will:

• Obtain an overview of, and some of the events that led up to, the revisions to China’s Counterespionage Law (10 minutes)
• Understand how this law and other Chinese laws, including China’s Unreliable Entities List and Anti-Foreign Sanctions Law, may affect U.S. and multinational companies operating in China (10 minutes)
• See how these laws and other actions in China interact with U.S. actions, including sanctions, investment controls, export controls, and import restrictions (e.g., Uyghur Forced Labor Prevention Act) (10 minutes)
• Understand how Chinese laws governing cybersecurity, data security, and personal information protections may affect U.S. and multinational companies operating in China (15 minutes)
• Learn how to mitigate the effects of these laws on your client’s business interests, operations in, and supply chain in China (15 minutes)

Who Should Attend:  Any lawyer or executive that works on supply chain and manufacturing/sourcing operations in both China and the United States, including access to data stored in or transferred from China (including data involving manufacturing, innovation or HR), as well as governmental affairs and crisis management personnel.

Program Level: Update

Prerequisites: None

Advanced Preparation: None

Faculty:

Michael K. Atkinson

Crowell & Moring LLP

Caroline E. Brown

Crowell & Moring LLP

Evan Y. Chuck

Crowell & Moring LLP