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ARTICLE · 07 SEPTEMBER 2017

Update On Chinese Outbound Investment Policies

Jones Day
Jones Day
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In December 2016, several of China's governing entities introduced a set of rules to regulate overseas direct investment by Chinese businesses.

ChinaGovernment, Public Sector
Angel Huang
Angel Huang
James Dougherty
James Dougherty
Andrew Levine
Andrew Levine
Benjamin L. Stulberg
Benjamin L. Stulberg
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In Short

The Situation: In December 2016, several of China's governing entities introduced a set of rules to regulate overseas direct investment by Chinese businesses.

The Development: Questions subsequently raised by the public led to new Guidelines that classify ODI activities into three categories: Encouraged ODI, Restricted ODI, and Prohibited ODI.

Looking Ahead: While the new Guidelines provide needed clarity, the possibility remains that the Chinese government could take additional action relating to ODI investments.

China's State Council recently issued a new notice ("New ODI Guidelines") as a follow-up to the overseas investment control policy that it announced in December 2016. The New ODI Guidelines provide further guidance regarding the regulation of overseas direct investment ("ODI") by Chinese businesses and clarifies how the Chinese government will implement these restrictions on ODI activities.

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