The presentation discusses the inward FDI into China and outward FDI from China;in addition, the presentation briefly introduces Chinese legal system.The presentation was originally deliverd to the delegation of the EMTM Program (Executive Master's in Technology Management — a multidisciplinary master's degree program offered by Penn Engineering and co-sponsored by Wharton )and the delegation members mostly come from USA companies, such as Boeing, Lockheed Martin ,Adobe Systems, Morgan Stanley ,Citigroup and so on.
Objectives of foreign direct investmentsabin kafle
1)Sustaining a high level of investment
- Since the underdeveloped countries want to industrialized themselves within a short period of time, it becomes necessary to raise the level of investment substantially. This requires, in turn, a high level of savings.However, because of general poverty of masses, the savings are often very low. Hence emerges a resource gap between investment and savings. This gap has to be filled through foreign capital.
Objectives of foreign direct investmentsabin kafle
1)Sustaining a high level of investment
- Since the underdeveloped countries want to industrialized themselves within a short period of time, it becomes necessary to raise the level of investment substantially. This requires, in turn, a high level of savings.However, because of general poverty of masses, the savings are often very low. Hence emerges a resource gap between investment and savings. This gap has to be filled through foreign capital.
Trade relations US & India; the changing facesCharmi Chokshi
this is a presentation on a different kind of trade relations between countries like US and India and their changing faces from years with the conclusion.
CHAMBER OF TAX CONSULTANTS
WORKSHOP ON FOREIGN REMITTANCE
Expatriate Taxation-Inbound and Out bound Deputation
Expatriate Meaning
Residential Status under ITA & DTAA & Issues related thereto
Taxability of Remuneration under ITA –
S 5(ii), S 9, S 15 to 17, Article 15 of DTAA
Issues pertaining to Inbound Expat
Issues pertaining to Outbound Expat
Zinnov Management Consulting provides an insightful comparison between Special Economic Zones (SEZ) and Software Technology Parks (STP) in the current Indian Landscape
Trade relations US & India; the changing facesCharmi Chokshi
this is a presentation on a different kind of trade relations between countries like US and India and their changing faces from years with the conclusion.
CHAMBER OF TAX CONSULTANTS
WORKSHOP ON FOREIGN REMITTANCE
Expatriate Taxation-Inbound and Out bound Deputation
Expatriate Meaning
Residential Status under ITA & DTAA & Issues related thereto
Taxability of Remuneration under ITA –
S 5(ii), S 9, S 15 to 17, Article 15 of DTAA
Issues pertaining to Inbound Expat
Issues pertaining to Outbound Expat
Zinnov Management Consulting provides an insightful comparison between Special Economic Zones (SEZ) and Software Technology Parks (STP) in the current Indian Landscape
China Goes Global: Practice, Theory and PolicyIlan Alon
The globalization of Chinese enterprises is already upon us and China is now one of the leading international investors. Alon summarizes the state of the art on the practice, theory and policy of the internationalization of Chinese enterprises. He examines extent of Chinese investment abroad, relevant theories of emerging markets multinationals and policy issues that arise with the increased investment from the Communist regime.
This is an update of the 2012 presentation at https://www.slideshare.net/WorldResources/emerging-actors-in-development-finance-a-closer-look-at-chinas-overseas-investment
When it comes to overseas development finance, China is definitely a country to watch. Due to the country’s unprecedented economic growth, China’s overseas investments have increased exponentially in recent years. Between 2009 and 2010, two Chinese state-owned banks lent more money to other developing nations than the World Bank did. In fact, between 2002 and 2011, China’s outward foreign direct investment (OFDI) stock grew from $29 billion to more than $424 billion.
But what factors are driving all of this growth? What areas of the world are on the receiving end of China’s OFDI flows? And what sorts of social and environmental standards are in place for banks’ and enterprises’ investments? WRI answers these questions and many more in its recently updated powerpoint presentation "Chinese Development Finance: A Closer Look at Chinese Sustainable Finance."
Economics (Multinational firms. FDI Question 2: Balancing macroeconomic environment is one
of the most important aspects for a host government. Comment on the roles of fiscal measures
(e.g. corporate income taxes and import tariffs) monetary and exchange rate policies on inward
FDI inflows.
Solution
INRODUCTION
The growth of private forign direct investment in the developing world has been extremely rapid
in decent years.MNC\'s are not in the development busines.Thier objective is to maximize their
return on the capital.They seek out best profit opportunities.MNC\'s carry with them
technologies of production,tastes and styles of living ,managerial philosophies and diverse
business practices.Although globally,FDI peaked in 2000 but fell aftermath of the 9/11 terrorist
attcks,FDI has been rebonded for several years.
MNC\'s underatke five different forms in the under developed countries.
1. Branches in the different nations
2. Subsidiaries
3. Joint-venture companies
4. Franchise holders
5. Turn Key projects
There has been rapid expansion of the activities of MNC\'s.The situation of today (2014-
2015),with WTO came into being.Now rougly 5-6 lakhs MNC\'S are operating in one form or
the other across the world.The focus of the MNC\'s is basically on the primary countries and the
extractive industries.
Macroeconomic poilcy of a host country creates both problems and opprtunities for international
firms.
FICAL POLICY MEASURES
1. Investment incentives: There are two kinds of investment incentives
a. Fiscal incentives: policies that are designed to reduce tax burden of a firm.It includes tax
concessions in the form of reduced corporate income tax, exemption from improt duties etc.
b. Financial incentives: They are direct contribution to firm by the government. It includes
subsidised loans,loan guarantees, governmnet insurance at preferential rates.
2. Removal of Restrictions: Various forms of restrictions were applied to FDI in the developing
countries in the pre liberalised era.Example:allowing only a fixed percentage of foreign owned
capital in an enterprise,restrictions on reimbursement of capital upon liquidation.However in the
WTO regime, due to enforcement of TRIMS(Trade related Investment Measures) many of these
restrictions have now been withdrawn.The types of restrictions realted to FDI has been greatly
liberalised. For example: large number of countries in Asia do not require investment approvals
or licensing except for few sectors that are closed to FDI(mainly for security reasons).
2. MONETARY POLICY
a. Funds originating in advanced economies dominate capital inflows to large emerging
economies.These flows are influenced by advanced economic policies including monetary
policy.The developments in financial markets have extended the role of large cross border
financial intermediaries and liquidity ceating instruments in global capital flows.
b. Other policy measures inclues careful monitoring of systematic non bank financial instructions
with.
http://www.oifc.in/oppinindia.asp India's economy is on the fulcrum of an ever increasing growth curve. With positive indicators such as a stable 8-9 per cent annual growth, rising foreign exchange reserves of close to US$ 180 billion, a booming capital market with the popular "Sensex" index topping the majestic 14,000 mark, the Government estimated FDI flow of US$ 12 billion in this fiscal and a more than 35 per cent surge in exports, it is easy to understand why India is a leading destination for foreign investment.
Para tratar da expansão da economia chinesa e seus impactos regionais e globais, a Fundação FHC receberá o professor Tomoo Marukawa, do Instituto de Ciências Sociais da Universidade de Tóquio, autor de diversos livros sobre o desenvolvimento chinês.
TOMOO MARUKAWA
Professor do Instituto de Ciências Sociais da Universidade de Tóquio, foi pesquisador do Institute of Developing Economies (IDE). É autor de vários livros sobre a indústria e a economia chinesa, como "O Sonho Chinês: o Capitalismo de Massa Muda o Mundo (Chinese Dream: Mass Capitalism Changes the World, Chikuma Shinsho, 2013) e "A Economia Contemporânea Chinesa" (Contemporary Chinese Economy, Yuhikaku, 2013).
Kobus van der Wath, Founder and Group Managing Director of The Beijing Axis, presented on 'China and Asia's Role in Africa's Mining Future' during the Investing in African Mining Indaba conference in Cape Town, 4 February 2014.
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Digital Transformation and IT Strategy Toolkit and TemplatesAurelien Domont, MBA
This Digital Transformation and IT Strategy Toolkit was created by ex-McKinsey, Deloitte and BCG Management Consultants, after more than 5,000 hours of work. It is considered the world's best & most comprehensive Digital Transformation and IT Strategy Toolkit. It includes all the Frameworks, Best Practices & Templates required to successfully undertake the Digital Transformation of your organization and define a robust IT Strategy.
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Tata Group Dials Taiwan for Its Chipmaking Ambition in Gujarat’s DholeraAvirahi City Dholera
The Tata Group, a titan of Indian industry, is making waves with its advanced talks with Taiwanese chipmakers Powerchip Semiconductor Manufacturing Corporation (PSMC) and UMC Group. The goal? Establishing a cutting-edge semiconductor fabrication unit (fab) in Dholera, Gujarat. This isn’t just any project; it’s a potential game changer for India’s chipmaking aspirations and a boon for investors seeking promising residential projects in dholera sir.
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Unveiling the Secrets How Does Generative AI Work.pdfSam H
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RMD24 | Debunking the non-endemic revenue myth Marvin Vacquier Droop | First ...BBPMedia1
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2. Speaker: Mr. Shen Linchang
Lawyer of Shanghai Promise Law Firm
Co-founder of Investee SNS Web
.
* Foreign Direct Investment
. * Intellectual Property
. * Corporate General Counsel
* Commercial Litigation/Arbitration
http://www.investee.biz/
Email: lawyer@investee.biz
Mobile: 0086-15000355201
MSN: yzslc@hotmail.com
3. DISCLAIMER:
• It should be noted that the material in this presentation is
designed to provide general information only and should not
be construed as legal advice on any particular matter, whether
it be legal, procedural or other. The author expressly disclaim
all liability to any person in respect of the consequences of
anything done or omitted to be done wholly or partly in
reliance on the whole or any part of the contents of this
presentation.
• All rights reserved.
4. Ⅰ. Inflow of FDI in China
A . Overview of Inward FDI in China
1. Inflow of FDI from 1995 to 2006
(Billions of dollars)
80
70
60
50
40
72.4 69.5
30 60.6
46.9 52.7 53.5
20 41.8
10
0 1995-2000 2001 2002 2003 2004 2005 2006
annual average
Source: UNCTAD, World Investment Report 2007
5. 2. The Top Ten Sources of FDI to China,1-11, 2007
(Billion of dollars)
2.154 1.599 1.434 1.046 Hong Kong
2.221 Virgin Island
2.464 South Korea
22.432
2.99 Japan
Singapore
the US
Cayman Islands
3.229
West Samoa
Taiwan Province
14.166 Mauritius
Source: Ministry of Commerce of P.R.C.
6. 3.Cross-border M&A in China ,2004-2006
(Billions of dollars)
10
8
6
4 8.25
6.77 6.72
2
0 2004 2005 2006
Source: UNCTAD, World Investment Report 2007
7. B. Policy Developments
• Definitely, governments’ policy towards FDI plays an important role in
attracting FDI. Now let’s discuss the policy governing FDI in China. In
1950s and 1960s, due to the well known political reasons, China was
isolated from western countries, logically, China shut up the door to
western investors. Since 1978 , China has adopted reform and opening up
policy. To develop China’s economy, Chinese government encourages FDI.
In 1979, China promulgated Sino-China Equity Joint Venture Law; in 1986,
China promulgated Foreign Capital Venture Law. In order to attract
foreign investment, China gave foreign investors a variety of favorable
treatments, such as tax reduction, cheaper land etc. In addition, nearly all
local governments set up investment promotion agencies. To compete for
foreign investment, many local governments even gave more favorable
treatment to foreign investors some of which were illegal. Furthermore,
After China joined the WTO in 2001, China reduced or abolished some
performance requirements and other restrictions on FDI .
8. 1. Emphasis on Quality rather than Quantity
• Recently, Chinese government is increasingly
emphasizing the quality rather than the quantity of
inward FDI. China encourages FDI with advanced
technology or managerial expertise. At the same time,
China increasingly restricts the FDI with high energy-
consumption and environment-pollution.
9. • Why does China alter the policy governing the FDI?
• In the past three decades , China has witnessed rapid
economic growth, however, such growth was on the
cost of natural resources and environment pollution,
Chinese government realizes such an economic
growth model can not last long.
• Additionally, after 30 years of economic development,
especially due to the consecutive trade surplus, China
has accumulated astronomical foreign reserves.
Unlike 30 years ago, the lack of capital is no longer a
problem for the development of Chinese economy.
10. 2. Unification of Two Income Tax Systems
• In 2007, China promulgated new corporate income
tax law and unified two income tax systems for
foreign affiliates and domestic enterprises. The new
corporate income tax law took effect in January 1st,
2008.
11. 3.To Control Cross-border M&A in China
• Just as mentioned above, cross-border M&A in China spurred great
controversy. Although M&A accounted for a small share of the whole
inward FDI to China, the M&A targets were usually the reputable and top
Chinese companies in the relevant industries, foreign investors can shape
monopoly position in Chinese markets by cross-border M&A. Furthermore,
some Chinese traditional famous brands disappeared after M&A.Many
people worry about the national economic security and strongly suggest
effectively control cross-border M&A of Chinese companies. Consequently,
in 2006,six ministries of central government jointly enacted a special
regulation to control cross-border M&A in China. According to the
regulation, all cross-border M&A of Chinese enterprises are subject to the
examination of the Ministry of Commerce.
12. C. Prospect: Optimistic
• Nonetheless, in my view, the prospect of inward FDI
to China will still be optimistic. There are several
factors to support my judgment.
13. 1. Globalization
• First of all, globalization is an irresistible trend in
21st century, no one can change the trend of it. No
country can isolate itself from the world. Every
nation can only adapt to the tendency. Globalization
will involve all economies and integrate them into a
single global economy. Transnational companies in
developed countries will continue to invest abroad.
What is more, developing countries will become
more and more important sources of FDI .
14. 2.China: A Huge Market with Great Potential
• Secondly, China has a huge market with great
potential. China has a population which is more than
1.3 billion, and the middle class has grew quickly
after 30 years of development of Chinese economy.
China will remain a magnet for FDI , especially for
market-seeking FDI.
15. 3.Affluent Human Resources
• Furthermore, China has ample human resources.
Every year , more than 6 million students graduate
from universities and colleges. In rural area, there
exist a huge pool of potential labor. Such human
resources reserve can meet all demands of FDI.
16. 4. The Investment Environment will Continue to Be Improved
• In addition, the investment environment will continue to be
improved. In foreseeable future, Chinese government will hold
the policy of utilization of FDI.Although China will control
cross-border M&A, (Actually, it is international customs in
FDI regime, even USA, the only economy superpower, still
restricts some cross-border M&A by the reason of national
security), China regards cross-border M&A as a higher form
of FDI and welcome the M&A without harm to Chinese
economy. To attract FDI, it is reasonably expected Chinese
government will continue to improve governance and legal
environment .
17. Ⅱ .Outflow of FDI from China
• A. Overview of outward FDI in China
1. FDI Outflow from China 1995-2006
(Billions of dollars)
18
16 16.1
14
12 12.3
10
8 6.9
6 5.5
4 2.5 2.9
2 2
0
1995- 2001 2002 2003 2004 2005 2006
2000
annual
average
Source: UNCTAD, World Investment Report 2007
18. 2.The Top Ten Recipients of FDI from China ,2006
(100 million of dollars)
80 78.3
70 69.3
60
50
40
30
20
10
5.38 4.52 1.98 1.32 1.17 0.99 0.88 0.87
0
Ca
Ho
Vi
Ru
US
Si
Sa
Al
Au
M
ng
rg
gir
on
ud
ym
ng
str
ssi
A
ap
in
go
u
ia
a
ali
an
Ko
or
Is l
Ar
lia
a
Is l
e
ng
an
ab
an
ds
,C
ds
hi
na
Source: Ministry of Commerce of P.R.C.
19. 3.China’s FDI Outflow to USA , 2003-2006
(Millions of dollars)
250 231.82
198.34
200
150
119.93
100
65.05
50
0
2003 2004 2005 2006
Source: Ministry of Commerce of P.R.C.
20. 4.Cross-border M&A by China, 2004-2006
(Billions of dollars)
16
14
12
10
8 14.904
6
4
2 5.279
0 1.125
2004 2005 2006
Source: UNCTAD, World Investment Report 2007
21. • In fact, most cross-border M&A were carried out by state-
owned enterprises, they mainly invested abroad in primary
sectors, such as oil , gas, metal mineral and so on , to meet the
thirsty demand of domestic rapid growing economy.
However, Some M&A has caused great sensation abroad.
• Currently, the outward FDI carried out by state-owned
enterprises accounted for the bulk of the whole outward FDI
of China, however, some private-owned companies have
begun to expand abroad in past several years, and more and
more private-owned enterprises will consider to invest
abroad.Recently,lots of private-owned enterprises , especially
in Zhejiang Province,Jiangsu Province ,have consulted us
about overseas expansion.
22. B.China’s Policy towards Outward FDI
• 1. “Going Global” Strategy
• In 2000, China outlined the “ going global” strategy. Under the
strategy, Chinese government encourages Chinese enterprises
to expand abroad to make good use of both domestic and
overseas markets and resources. Correspondingly, Chinese
government dismantled some outward FDI barriers and
loosened some restriction on outward FDI. The Chinese
Government has abolished quotas on the purchase of foreign
exchange for overseas investment since 1 July 2006. It is
becoming easier and easier for Chinese domestic enterprises to
obtain approval from authorities to invest abroad.
23. • In my view, such a strategy is necessary and reasonable. To
cope with the globalization, China’s government should
encourage domestic enterprises to expand overseas and
actively participate in the global competition. After three
decades of opening up ,especially after the entry into WTO,
China’s market is quite open to foreign enterprises. Indeed ,
China’s market has became the integral part of the whole
world market. Secondly, after 30 years of rapid economic
growth, the natural resources have become the bottleneck of
further economic development, so it essential to expand
abroad to safeguard raw material provision.
• In addition, Chinese enterprises have accumulated some
international market knowledge's and experiences, they are
capable of overseas expansion now.
24. 2. To Induce State-owned Enterprises to Expand abroad in
Primary Sectors to Secure Domestic Natural Resources Provision
• Some Chinese state-owned enterprises have become
the important players in the cross-border M&A
markets, In China, the largest and most active buyers
are in the oil and gas industry. China National
Petroleum Corporation acquired PetroKazakhstan for
$4.1 billion in 2005, and Sinopec bought the Russian-
United Kingdom joint venture Udmurtneft for $3.5
billion in 2006.
25. 3. Encourage Private-owned Enterprises to Invest abroad
• Private-owned enterprises now are easy to access foreign
exchange and can easily get the approval from the authorities
to invest abroad. Some local governments improve their public
service for these outward FDI enterprises and even provide
some stimulus measures for them. Additionally, Chinese
government also seeks to improve the overseas investment
environment for Chinese enterprises by diplomatic ways . In
the past decade or so , China has signed a good number of
International Investment Agreements ( IIA ) with other
countries.
26. C. Prospect :Continue to Increase Quickly
• I am confident that China’s outwards FDI will
continue to rise quickly. There are many factors
supporting this judgment.
27. 1. To Expand abroad in the Extractive Industries to
Meet the Huge Demand of Natural Resources in China
• Firstly, to safeguard the further economic development, state-
owned enterprises will continue to expand abroad in the
extractive industries to meet the huge demand of natural
resources in China, such as oil, gas, metal mineral etc. Chinese
state-owned enterprises will continue to merger or acquire
overseas enterprises in these sector. Such deal is usually high
risky and need astronomic capital injection. However, such
cross-border M&A is sensitive, Chinese government and state-
owned enterprises should carefully handle them.
28. 2. Market-seeking
• Market-seeking will drive Chinese enterprises to
expand abroad. The competition in Chinese market is
now quite heated, to survive and develop, Chinese
enterprises ,both state-owned enterprises and private
enterprises, will consider to explore overseas market,
and the outward FDI is one of the effective way to
seek overseas market.
29. 3. Bypassing Trade Barriers
• Bypassing trade barriers is another important factor driving
Chinese enterprises to invest abroad. Due to the consecutive
trade deficit and trade imbalance with China, some countries,
Especially some developing countries, impose severe
restriction against Chinese exports. For example, Mexico has
laid astonishingly high anti-dumping tariff on some Chinese
goods , such as shoes and garments. Under such high tariff, it
is virtually impossible to enter the market for Chinese goods.
Trade barriers will drive Chinese enterprises to shift their
production in other countries by the way of outward FDI.
30. 4. The Rising Production Cost
• The rising production cost will force Chinese
enterprises to expand abroad. In China, the
production cost is rising quickly. Actually, some
enterprises in coastal area consulting us about
overseas investment now are facing such difficult
position, many an enterprise in labor-intensive
industries are considering to shift their production in
less developed countries, such as Viet
Nam,Laos ,Cambodia etc.
31. 5. Market Network Seeking , Technology and
Managerial Expertise Seeking etc.
• Of course , there exist some other factors stimulating
Chinese enterprises invest abroad. Such as market
network seeking , technology and managerial
expertise seeking , such outward FDI will usually be
located in developed countries. Actually, there have
already existed such outward FDI in USA, including
Lenovo acquiring IBM’s computer sector, and Hair
establishing plants in USA.
32. Ⅲ China’s Legal System
• Part three , I will briefly introduce Chinese legal
system .Although China has opened up for accurate
30 years, I guess most of my American friend are not
familiar with the legal system of China . Additionally,
legal environment plays an important role to attract
FDI .I will introduce two major differences between
Chinese and American legal system.
33. A. Written Law Tradition
• Firstly, unlike America China is traditionally a written law
country. USA inherited the case law tradition from England ,
and precedents are the most important source of law . Judge
in America should follow precedents when trying cases. In
contrast, the most important source of law in China is written
law,including NPC Statutory Law , Administrative regulations
enacted by the State Council. Theoretically, The precedents
are not binging for Chinese judges. However, Chinese judges
will respect the precedents, especially those delivered by
higher courts. The reason is simple: the decision of a case will
be supervised by the higher court, if the judge did not take into
account the relevant precedents, he will face the risk his
judgement will be altered or remanded.
34. • In general, Chinese legal system belongs to the continental
law system, quite close to the ones of France and Germany,.
In the first half of 20th century, China consistently studied
the law from Western countries ,especially from Germany.
After the establishment of the People’s Republic of China, the
former Soviet Union exerted huge influences on Chinese legal
system. Since 1978, American law influenced China a lot .
For example, the IPR law, the promulgation and
implementation of Patent Law, Trade Mark Law ,Copy Right
Law etc can be attributed to the influence of USA
government to a certain extent.
35. B. One System of Court
• Second , USA is a federalist countries, there exist two
parallel systems of court: the federal court system and
state court system. By contrast ,China has only one
system of courts. The court system has four levels.
The highest one is the Supreme Court, followed by
higher court, intermediate court and basic court.
According to the Civil Procedural Law, generally,
cases involving foreign interest should be tried in the
intermediate court for first instance.
36. Court System Structure in China
Supreme People’s Court
Maritime Court Railway Court
Military Court Forest Court
Higher People’s Court
Intermediate People’s Court
Basic People’s Courts
37. C. Commercial Law is Close to Western Countries’
• Although there exist great difference in constitutional law ,criminal
law ,administrative law and so on between China and USA , the
commercial law of China is quite close to the western countries'. Since the
adoption of reform and opening up policy, China has promulgated
successively a series of commercial laws to construct and regulate the
market economy. China has primarily formed a whole system of
commercial law, including contract law , company law, security law and so
on .Such law are mainly transplanted from Western countries, naturally,
Chinese commercial law is quite similar to the western countries’. I am
confident that it will be quite beneficial to USA investors to do business in
China, USA investors needn’t worry too much about the difference
between America and China in the field of commercial law.
38. Introduction to “Investee” SNS Web
http://www.investee.biz/
Investee :Integrating Investment Essential Elements.
Investee SNS Web aims to provide an efficient platform for global businessmen to
communicate and cooperate. Particularly, Investee is dedicated to bridging and
matching investors and investees worldwide.
Besides profile registration, contacts management, group moderation and microblog
release etc, the Investee Web also provides “Projects”, “Investors”, “Events” and
“Jobs” to facilitate users to distribute and share the information in connection with
investment projects, investment intentions, events and job opportunities.