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Germany takes another step to tighten its controls on foreign direct investment
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“Changes and impact of Foreign Direct Investment regulations – a cross-border view between China and Germany”
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Kaiming Cai, Senior Partner, Dentons, & Deputy Director Expert Committee Trade and Economics, CCPIT
Dr. Helen Liang, Executive Board Member - Head of China Desk, Hauck & Aufhäuser
Dr. Julia Pfeil, Partner Public Policy and Regulation, Dentons
Niels Tomm, Co-CEO, Ceinex (Keynote)
Robert Michels, Managing Partner, Dentons
Sascha Dettmar, Corporate Communications, CEINEX
In terms of level playing field engagement in international cooperation, governments are seeking different measures. The German Foreign Trade and Payments Act—to be put in place this summer—is one of these policies. Who is affected by the decision? What does it mean in detail?
Learn more in the China Policy Update provided by Dentons and China Europe International Exchange (CEINEX).
What has happened?
On 09 April 2020, the German government introduced a draft bill in German Parliament, the Bundestag, to further tighten German controls on foreign direct investment. The draft bill was introduced earlier than planned, and it is expected that Parliament will pass the draft this summer. Once the draft has been adopted, the Government can then update respective regulations to make the new rules effective in practice.
The new German rules are designed, amongst others, to implement the new EU-wide framework for the screening of foreign direct investments in the EU. This new EU framework entered into force in April 2019 and becomes applicable as of October 2020. However, the new German rules will go beyond the EU framework and will allow the German government to restrict foreign direct investments in Germany to an even greater extent.
What does this mean?
Germany already maintains controls for investments in the German defense and IT security sector and for investments in companies active in sensitive industries. Investments in
companies from all these sectors must be notified to the German government. If the government intends to review (and potentially restrict) an investment in a company active in a sensitive industry, under the current system the government must show that the investment constitutes a real threat or an actual danger to German national security.
This threshold for investments in companies active in sensitive industries will be lowered: Once the new system becomes effective, the German government only needs to show an “expected impairment” compared to currently a “genuine and sufficiently serious threat” to
German national security if it wants to review and potentially restrict a transaction. In addition, the government will be able to control investments in German companies if these may impair the national security of another EU Member State or programs of European Union interest (e.g. EU-sponsored research initiatives).
This amendment will provide the German government with a larger margin of discretion for reviewing and interfering with foreign investments in Germany. Already under the current system there is a trend to apply the rules very broadly. While the new rules will make it easier yet for the government to pursue this policy, investments even in sensitive sectors can be successful if thoroughly prepared. All in all, we still expect to see more cooperation on the global scale and especially between China and Europe.
In case of any further questions, please contact:
Mr. Robert Michels Mr. Sascha Dettmar
+49 69 450012388 +49 69 247415966
Dentons LLP China Europe International Exchange (CEINEX)
Frankfurt am Main, Germany
Source: XINHUANET, December 18, 2018
Cooperation in Trade, Investment, Connectivity, and Fiscal and Financial Fields
Leverage mechanisms such as the China-EU Economic and Financial Dialogue and the Working Group between the People's Bank of China and the European Central Bank to maintain close communication on major international economic and financial issues. Support greater two-way openness of the financial sector and advance cooperation on cross-border financial infrastructure connectivity. Promote cooperation between financial institutions, including cooperation with multilateral financial institutions, and between businesses, maintain steady development of the financial sector, deepen communication and dialogue between the financial regulatory bodies, enhance mutual regulatory recognition and trust, and actively address appeals from banks on both sides for cross-border operations.
Financial institutions from EU member states are welcome to enter the Chinese market. China hopes that the EU will support Chinese financial institutions in setting up institutions in Europe and expand access channels for Chinese policy financial institutions to do business in the EU. Support CEINEX in becoming a platform for offshore trade in RMB-denominated financial products, risk management and asset allocation. China encourages EU member states to issue RMB bonds in China and offshore RMB bonds in major global financial centers. China hopes that the EU will exercise caution when introducing the Intermediate Parent Undertaking requirement to safeguard the sound development of the financial cooperation between the two sides. Full Text
Source: Gov.cn, October 22, 2018
The government will do more to resolve the concerns of businesses identified during State Council inspection tours, ensure full delivery of all pro-business policies and build a national Internet Plus regulation system to make government regulation smarter, more standardized and better targeted, the State Council decided during an executive meeting chaired by Premier Li Keqiang on Oct 22.
The government places high importance on improving the business environment. President Xi Jinping stressed the need to improve the investment and market environment, cut the cost of market operations and foster a stable, fair, transparent and predictable business environment. Premier Li pointed out that it is critical to deepen the reform of government functions for notable improvement in the business environment to improve market exceptions and boost market confidence. More
Source: Xinhua, August 1, 2018
BEIJING, Aug. 1 (Xinhua) -- A key meeting has signaled that China will put more focus on maintaining the stability of the economy in the second half of this year amid external uncertainties.
China will keep its economy on a stable and healthy development track with proactive fiscal policies and prudent monetary policies in the second half, according to a meeting of the Political Bureau of the Communist Party of China (CPC) Central Committee on Tuesday.
With a robust growth of 6.8 percent for the Chinese economy in the first half, the policy tone set by the CPC meeting will make sure that the country achieves its annual growth target of around 6.5 percent, economists believe. More
Source: China Daily, July 17, 2018
The International Monetary Fund has forecast that China's economy will grow 6.6 percent in 2018-unchanged from its April projection-in its latest World Economic Outlook, which stresses that the risk that current trade tensions escalate further is the greatest near-term threat to global growth.
Amid rising tensions over international trade, the broad global expansion that began roughly two years ago has plateaued and become less balanced, Maury Obstfeld, director of the IMF Research Department, said on Monday.
"We continue to project global growth rates of just about 3.9 percent for both this year and next," Obstfeld said. "China continues to grow in line with our earlier projections." More
Source: Xinhua. June 14, 2018
SHANGHAI, June 14 (Xinhua) -- China will continue to push opening-up in the capital market to better serve the country’s economic development and broader opening-up strategy, a central bank official said Thursday.
“China will further open up some non-convertible items under the capital account, and those already convertible will see tradings more liberalized,” said Pan Gongsheng, deputy head of the People’s Bank of China, at a forum in Shanghai.
Two-way openness will be promoted in the financial market, with increasing product supplies such as China Depositary Receipts, Panda bonds and commodity futures, according to Pan, who also heads the State Administration of Foreign Exchange.
Rules on qualified institutional investors will be further improved and the scope of connectivity programs will be widened, Pan said, adding China would support domestic financial institutions to better engage in the international market. More
Source: Xinhua, April 12, 2018
BOAO, Hainan, April 11 (Xinhua) -- Chinese President Xi Jinping on Wednesday promised nonstop effort in reform and opening up and commitment to an open economy.
"We are optimistic about the prospect of China's economy," said Xi when holding discussions with representatives of entrepreneurs from home and abroad, who gathered here for the annual conference of the Boao Forum for Asia (BFA).
The president pledged extraordinary effort to shift China's economy in the new era from high-speed growth to high-quality development, from an expansion in quantity to improvement in quality, and from the criterion of "have-or-have-not" to one of "good-or-bad."
China will not stop its efforts to expand opening up and reform, nor will it close doors to the outside world, Xi said.
Xi reiterated China's commitment to an open world economy, vowing more contribution from China to the development of Asia and the world. More
Source: Xinhua, March 13, 2018
BEIJING, March 13 (Xinhua) -- China will form a banking and insurance regulatory commission to replace China Banking Regulatory Commission (CBRC) and China Insurance Regulatory Commission (CIRC), according to a cabinet reshuffle plan.
The new body will enhance oversight of both banking and insurance industries, by combining responsibilities of supervising the banking and insurance industries, preventing and dissolving financial risks, and protecting financial product consumers' rights, according to the plan submitted to the national legislature for deliberations Tuesday.
The move is aimed at solving existing problems such as unclear responsibilities, cross-regulation and absence of supervision, said State Councilor Wang Yong when explaining the plan to the lawmakers.
According to analysts, the new banking and insurance regulator is losing some powers to the People's Bank of China, another sign of the growing regulatory power of the country's central bank, given certain CBRC and CIRC functions, including drafting key regulations and prudential oversight, will be shifted to the bank. More
Source: Xinhua | Updated: 2018-02-28 17:12
BEIJING - Chinese auto company Geely has recently acquired a 9.69-percent stake in German carmaker Daimler AG for $9.2 billion, making the Chinese investor the single largest Daimler shareholder.
The cooperation has won relatively positive overseas media and market responses, a sign of a closer economic bond between China and the rest of the world.
The Wall Street Journal described Geely's investment in Daimler as a "milestone for China," saying "a closer association could be a boon for Daimler, too."
The German government also maintained a relatively open attitude, saying that the purchase was a business matter and Germany is "an open economy that welcomes investments." More
Source: Xinhua| 2018-01-24 23:41:23|Editor: Lifang
DAVOS, Switzerland, Jan. 24 (Xinhua) -- Liu He, a senior Chinese official, Wednesday elaborated on the top-level planning of China's economic policy for the next few years at the World Economic Forum (WEF) held in this Swiss resort.
"In a nutshell, this policy centers around a key necessity, a main task and three critical battles," said Liu, a member of the Political Bureau of the Communist Party of China Central Committee and director of the General Office of the Central Leading Group for Financial and Economic Affairs.
Liu also pledged that China will open wider to the world across the board. More