| China Antitrust Review and the Global Corporation |
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January 26, 2010 Link
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By Joseph J. Dehner
A recent decision of China’s MOFCOM reveals the growing reach of its rules on antitrust and competition. When two Japanese companies aimed to merge (Panasonic acquiring Sanyo), they had to consider China’s Ministry that governs competition rules. Panasonic had a 40% stake in a Chinese joint venture with Toyota that produces certain batteries. Sanyo also produces batteries. The major product of concern was rechargeable coin-shaped lithium batteries.
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Foreign Invested Partnerships Rules remain fuzzy for this alternative to the FIE |
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January 26, 2010 Link
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By Joseph J. Dehner
China has had rules on the Foreign Invested Enterprise – the FIE - for about 30 years. The requirements are relatively clear, and this format for investment by a non-Chinese person or company with a Chinese national is the standard for its purpose. There is a less understood vehicle under Chinese law – the Foreign Invested Partnership – the FIP. In general, the Limited Liability Partnership (LLP) is the most common type of Chinese partnership vehicle in which a foreign business might be interested. This would allow one entity to be the general partner that would manage the LLP, and a number of limited partners investing or otherwise participating in the entity.
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| Haitian Orphans and Temporary Protected Status |
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January 19, 2010 Link
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By Barbara Menefeeand Natalie Wood
The most vulnerable of the victims of the devastating earthquakes, Haitian orphans may be catching a much-needed break from the US Citizenship and Immigration Service (“USCIS”). According to a USCIS memo dated January 15, 2010, Haitian orphans who have final orders of adoption by a U.S. citizen parent, or whose custody has been granted to U.S. citizens for the purpose of emigration and adoption, but who would otherwise have to wait a very long time for their visa to emigrate to the US, will be considered for humanitarian parole. (See http://www.uscis.gov/USCIS/Laws/Memoranda/2010/haiti-field-guidance.pdf for more information.) Humanitarian parole allows the orphan to proceed to the US without a visa and is reserved for the most extraordinary circumstances. In its memo, the USCIS states that humanitarian parole may be granted for other categories of Haitian orphans, too.
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| Geely’s purchase of Volvo China’s embrace of branding |
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January 20, 2010 Link
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By Joseph J. Dehner
Just a few decades ago, China’s automotive industry was organized by numbers – China Auto Company Number 1, China Auto Works Number 2, etc. Brands were not important to the domestic Chinese industry in an era when supply came first, and consumer demand a distant second. Then foreign car makers were enticed into joint ventures with domestic state-owned concerns, ushering in a period of foreign brands entering the Chinese market through vehicles built primarily within China. Volkswagen did well, and the odds remain high that if you take a taxi ride in coastal cities, it will be in a VW vehicle.
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| Devastation in Haiti |
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January 13, 2010 Link
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By Barbara Menefee
Given the severe devastation in Haiti, Immigration and Customs Enforcement (“ICE”) has halted all removals (deportations) to Haiti. Given the severity of the situation, Haiti may be a candidate for Temporary Protected Status (“TPS”). Certain countries are granted TPS designation if it is unsafe for nationals to return to that country for certain reasons, including earthquakes or other natural disasters. For more information, visit: http://www.state.gov/p/wha/ci/ha/.
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| CAFTA-Asia – more opportunity for US companies planning Asian expansion |
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January 16, 2010 Link
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By Joseph J. Dehner
On January 1, 2010, CAFTA came into existence. Not CAFTA North America – the free-trade pact between the United States and most of Central America, but the China-ASEAN Free Trade Area. This Asian CAFTA is geographically the world’s largest, with total population of 1.9 billion and about US$4.5 trillion in trade.
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| China and the Stock Market |
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January 18, 2010 Link
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By Joseph J. Dehner
The past ten years have been about flat for US equities. That is, if you owned a representative basket of US stocks and held them since January 1, 2000, you would have about the same value today as you did then.
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