The authors previously reported that on or about February 27, 2019, the Ministry of Transport (“MOT”), PRC dropped formal application approval procedures and insurance (in the U.S., the China bond) requirements for all NVOCCs, including U.S. NVOCCs. While the MOT dropped the tedious application requirements and insurance (and bond) requirements for NVOCC registration, it still
Zheng Xie
Zheng is a recognized expert across a range of U.S. and Chinese legal and business issues. She focuses on corporate and regulatory matters associated with international trade transactions and litigation, as well as licensing issues within the Departments of Commerce and State.
China MOT Ends NVOCC Registration Applications and Insurance Requirements for Chinese and U.S. NVOCCs
Ironically, during the current China/U.S. tariff turmoil, the Ministry of Transport (MOT), Peoples Republic of China’s (PRC’s) is leading the deregulatory trend in ocean shipping as applicable to Non-vessel Operating Common Carriers (“NVOCCs”). The MOT has quietly deregulated burdensome registration application procedures for Non-vessel Operating Common Carriers (“NVOCCs”) from on or about February 27, 2019. The MOT has dropped formal application registration and insurance requirements for all NVOCCs, including U.S. NVOCCs. It is our understanding that as of now the prior registration certificates issued by MOT have no regulatory function or value. Currently, the requirements for registering NVOCCs has been substantially simplified as noted below. Until now, without the aforementioned Certificate U.S. NVOCCs could not issue their house bills in the U.S./China trade lanes without risk of substantial sanctions and penalties. However, also note that the NVOCC requirement by the Shanghai Exchange for filing rate ranges remains in place.
Classic Catch 22? Dilemma of Foreign Companies Faced With Comply with US Subpoena and Possible Foreign Sanctions or Violate Subpoena and Possible Domestic Sanctions
On Wednesday, Judge Richard Sullivan of the Southern District of New York relieved the Bank of China from an order issuing $50,000 of daily fines for failing to comply with two subpoenas for information on account holders accused of selling goods counterfeit “Gucci” goods. The matter provides an interesting case study of at least one dilemma facing foreign companies doing business in the United States – whether to comply with a US-issued subpoena knowing that compliance would break foreign law.
Shanghai Pilot Free Trade Zone Opens More Industries to Foreign Investment
On September 27, 2013, the State Council of the People’s Republic of China issued the Blueprint of the China (Shanghai) Pilot Free Trade Zone (“FTZ”). On September 29, 2013, the FTZ went into effect. This is the first FTZ in China, and, as per the Blueprint, it would relax certain regulatory restrictions – particularly regarding foreign investment in some industries.
Draft of Rules of the China Food and Drug Administration: Legislative Procedures Opened for Public Comment
On Aug 5, 2013, the China Food and Drug Administration (CFDA) opened its draft Rules of the China Food and Drug Administration Legislation Procedure (the “Draft”) for public comment. The CFDA provided one month (August 5-September 5) to submit opinions on the new rules in the Draft. The Draft states the purposes of the new Rules are to regulate legislative procedures, guarantee the quality of legislation, and improve the efficiency of the legislation.