China drafts revised outbound investment rules
China's National Development and Reform Commission published a 76-article draft revising outbound investment measures, open for public comment until September 20, to bolster legal safeguards for companies, organizations, and individuals investing abroad. The draft aligns with a State Council regulation effective July 1 and introduces an improved reporting system for major adverse events, an annual outbound investment mechanism, and explicit protections against discriminatory demands such as forced technology transfer, data disclosure, or divestment. It also allows security reviews and gives the NDRC powers to ban or restrict foreign organizations from investing in China at investors' requests, with immediate consequences for cross-border investment governance.
Draft rules add reporting system and protections for outbound investors.
Context
China recently issued a new State Council regulation on outbound investment that took effect on July 1. High-profile cases, such as the UK nationalization of British Steel and Dutch actions affecting Nexperia, prompted the draft. The draft…
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