作者：汪蕊 邱少林 金杜律师事务所公司并购部

引言

云计算在过去几年中已成为热议话题之一。然而，尽管云计算所吸引的关注度与日俱增，但它并非是一种全新的服务类型。譬如当人们在通过Gmail发送电子邮件或在社交网站上存储照片时，都是在使用云计算服务。

云计算服务在中国近年的发展快速而迅猛。中国公有云服务2012年的市场规模相比2011年增长了73%，而2013年的市场规模预计将达到63亿元人民币。[1] 中国云计算产业的增长引起了众多外国服务提供商的极大兴趣。2013年5月，微软公司宣布该公司将在中国增加数千名雇员以作为对中国云计算市场长期投资的一部分。[2]与此同时，由于外商投资中国云计算产业受到一定限制，外国企业也因有限的市场参与度而对其短期和长期的投资回报存在顾虑。[3]

本文主要讨论希望在中国提供云计算服务的外国公司在电信监管方面可能面临的一些重要问题。第I部分将解释“云计算”的含义以及三种不同的服务模式。本文的第II部分阐述了对外国公司在中国提供云计算服务的监管框架。第III部分将就IDC（互联网数据中心）产业“放开”的近况探讨现今中国对外国云计算服务监管政策的走向。 Continue Reading 外国云计算服务提供商在中国面临的主要电信监管问题

By Liu Xiangwen, Monique Carroll and Zhu Yuanyuan King & Wood Mallesons’ Dispute Resolution Group

Much has been written on bribery and corruption in China, including the differences between criminal bribery and commercial bribery, and of course, the need for an effective compliance programme. However, foreign companies operating in certain complex or sensitive industries in China need to do more than instil an anti-corruption policy. What is needed is an in-depth understanding of the unique legal environment in their industries. This is because in some industries, particular conduct or business models permitted elsewhere, may be very sensitive and considered bribery or corruption. We recommend that companies operating in China adapt their compliance programme to account for industry specific regulations and sensitivities and undertake regular internal compliance audits as a check on the effectiveness of the compliance programme and to ensure that it remains up-to-date. Continue Reading What does an Effective Anti-bribery and Corruption Programme Require?

作者：出版部 / Publication Group

2013年11月1日是总部位于伦敦的国际律师事务所SJ Berwin正式加入金杜联盟的日子，联盟的目的是要建立一家根植于亚欧，深具国际影响并获得全球广泛专业认同，居于行业先导地位法律服务机构。《金杜》双语刊带您走进“我们的地球村”以庆祝这个新的里程碑。

On 1st November, 2013, the firm officially launched the new combination with the European leading firm, SJ Berwin. The combination aims to establish a law firm with roots in Asia and Europe, have significant international influence, have professional recognition globally, and take a leading position in the industry. To celebrate this new milestone, we published another bilingual issue of 《Jindu》which will bring you into our “global village”.

本期双语刊将分三部分与读者见面。敬请品读《金杜》双语刊第一部分。

We’ll present Jindu bilingual publication in three series respectively. Enjoy your reading:

《金杜》双语刊第一部分，敬请品读。

 

By Richard W. Wigley King & Wood Mallesons’ IP Litigation  Group

China is now believed to be the world’s largest online marketplace[1], as well as quickly gaining on the U.S. as the country with the largest overall retail marketplace[2]. This growing retail marketplace, both for traditional “bricks and mortar” retailers as well as online retailers, presents both great opportunities and challenges.  Chinese consumers are becoming increasingly demanding in terms of product quality, as well as at the same time increasingly transitioning from being traditional “bricks and mortar” retail consumers to online shoppers. These consumers have demanded certain protections when making purchases and, as expected, have often resorted to administrative authorities or the Chinese judicial system to seek protections of their rights, as well as compensation where appropriate. Continue Reading China’s Revised Consumer Rights Protection Law “Raises the Bar” for both “Bricks and Mortar” Retailers and Online Retailers

By Jack Wang, Chen Yun  King & Wood Mallesons’ Banking Regulation & Compliance Group

In the midst of its rapid economic development, the People’s Republic of China (PRC), the second largest economy and the largest trading nation in the world, has finally determined to change its domestic currency market, which used to be pretty much closed to foreign investors over a long period of time and accordingly, promulgated a series of laws and regulations to ease the previously tight foreign exchange (FX) control in the mainland. These laws and regulations were put in place to propel the internationalisation of Chinese Renminbi (RMB) by expanding the use of RMB under both current and capital accounts for the purpose of ultimately achieving an international status for the RMB matching the economic status of the PRC in the global economy. This chapter endeavours to outline a legislative landscape of RMB internationalisation from the following main aspects: Continue Reading The PRC Legislative Landscape for RMB Internationalisation

By Liu Xiangwen, Monique Carrroll, Yang Jianyuan and Zhu Yuanyuan

The ‘why’

Due to the sensitivity of commercial bribery, corporations can be reluctant to instigate internal anti-commercial bribery investigations as a check on the effectiveness of their compliance program. Often an internal investigation will only be commenced when a serious problem emerges in the internal management system, a judicial or governmental investigation is initiated or a complaint is received accusing the corporation of serious compliance issues. However, given the increasing global focus on anti-bribery and corruption compliance, the value of regular internal compliance investigations or ‘audits’ has increased. The objective of a compliance audit is to identify and deal with any problems or risk areas before they are obvious to third parties and escalate to the media’s attention. Where the audit uncovers a serious problem that must be reported to regulators, the company will be in a much better position to pro-actively manage the situation – hopefully with the result of minimizing any penalties imposed on the company.

Over the medium to long term, regular compliance audits will strengthen the compliance and risk awareness of both the company and its employees and therefore contribute to an enterprise culture of compliance. Such a culture would in turn contribute to the long-term and sustainable development of the company. Continue Reading Internal Compliance Audits – the Why and How?

By Zhang Dongcheng and Li Shi King & Wood Mallesons’ Security Group

On June 28, 2013, the China Securities Regulatory Commission (CSRC) convened a press conference to promulgate the new amendments to the Administration of the Client Asset Management Business of Securities Companies Measures (“Administrative Measures”) and the Implementing Regulations of the Aggregate Asset Management Business of Securities Companies (“Implementing Regulations”). In order to implement the Law of Securities Investment Funds of the People’s Republic of China (2012 Amendment), which already formally went into effect on June 1, 2013, the revision of Administrative Measures and Implementing Regulations, mainly revolves around the regulations of “Large Aggregate” and “Small Aggregate”. Through new legislation, we can read CSRC’s attitude and path selection on the reform direction of the asset management business. Continue Reading Client Asset Management Business Will Realize Effective Unified Regulation

By Miao Jing  King & Wood Mallesons’ Energy, Resources and Projects Group

The National Energy Administration (“NEA”) issued the Shale Gas Industry Policy (“Policy”) on October 22, 2013, which was made public on October 30, 2013. The Policy recommends certain reforms to encourage shale gas development in China. The key points are set out below. Continue Reading NEA calls for reforms to encourage shale gas development

作者：熊进 赵汝彬 孙蕊 林云竹 金杜律师事务所公司并购部

中国商务部的统计数据显示，在即将结束的2013年中，中国海外投资继续保持高速增长的势头。其中，能源资源类投资继续占据较大比例。 2012年，中国对外直接投资878亿美元，首次成为世界三大对外投资国之一。其中采矿业对外直接投资135.4亿美元，与能源资源相关的“电力、热力、燃气及水的生产和供应业”超过10亿美元。[1]

岁末年终，本文将从地域（和代表性国家）的角度，对中国企业对海外能源和资源行业的投资趋势进行总结，分析相关趋势的成因，并对中国企业境外投资的主要问题和风险进行提示。 Continue Reading 2013：中国对外投资趋势概述 — 能源与资源并购交易

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