MOFCOM Issues New Rules On National Security Review

China's Ministry of Commerce ("MOFCOM") issued on August 25, 2011 the "Rules on the Implementation of the National Security Review Mechanisms" (the "New SR Implementation Rules"《商务部实施外国投资者并购境内企业安全审查制度的规定》). ¹ The New SR Implementation Rules became effective on September 1, 2011 and replaced the Temporary Rules on Several Issues Related to the Implementation of the National Security Review Mechanisms (the "Temporary Rules"《商务部实施外国投资者并购境内企业安全审查制度有关事项的暂行规定》) which were effective from March 4, 2011 to August 31, 2011. The Temporary Rules implemented the State Council's 3 February 2011 Circular on the Establishment of Security Review Mechanisms for Mergers and Acquisitions of Domestic Enterprises by Foreign Investors (《国 务院办公厅关于建立外国投资者并购境内企业安全审查制度的通知》) (the "NSR Circular").