Significant Changes in Overseas Investment Administration
The Department of Foreign Capital and Overseas Investment of National Development and Reform Commission released the new Administrative Measures for Overseas Investment (draft for public comment) (“New Measures”) and drafting instructions on their official website on 3 November, 2017. This consultation period, during which the public can give their opinion, ends on 3 December 2017. The New Measures contains six chapters and 66 articles. There are several major changes from the Administrative Measures for the Verification and Record-filing on Outbound Investment Projects. The regulation’s name change indicates that regulation of foreign investment will no longer be limited to pre-transaction “verification” and “record-filing”, but also covers interim and ex post supervision.