Shanghai Weekly Bulletin
No. 3,December 2023
Shanghai Weekly Bulletin is an information service presented by the Foreign Affairs Office of Shanghai Municipal People’s Government in collaboration with Wolters Kluwer to foreign-funded enterprises, foreign-related institutions as well as people from overseas living in Shanghai. Covering major national and Shanghai foreign-related news, event information, policy Q&A and interpretations in the past week, it keeps you up-to-date with the latest foreign-related policies and developments in Shanghai.
Catalogue
1

【National】
・China Introduces Measures to Accelerate Integrated Development of Domestic and Foreign Trade
・China and Australia to Implement AEO Mutual Recognition
・SAFE Unveils Nine Measures to Facilitate Cross-border Trade and Investment
【Shanghai】
・Shanghai Issues Document to Support Carbon Peaking and Carbon Neutrality
・Shanghai Issues Measures for the Management of Food Safety Liability Insurance
・Pudong Advances Development of the Pilot Zone for “Silk Road E-commerce” Cooperation
2

【Recent Development】
・Shanghai and WIPO Sign MOU on Strengthening Exchanges and Cooperation in the Field of Intellectual Property
【Forum & Exhibition】
・20th Shanghai International Intellectual Property Forum Held
・2023 Shanghai Digital Transformation Experience Week Opens
【Culture & Art】
・Museum of Art Pudong Opens Heavyweight Exhibition “Caravaggio: Wonders of the Italian Baroque”
・Special Exhibition of “Sanxingdui and Auguste Rodin” Opens to the Public
・Show Life - 2024 Shanghai International Musical Festival Opens
【Corporate Activities】
・Omron China Relocates Regional Headquarters to Qiantan
【Training】
・Case-based Explanation – Corporate Protection of Intellectual Property Rights and Risk Prevention
3

・Leaders of the Ministry of Commerce answered reporters' questions at the Ministry’s regular press conference - The Ministry of Commerce recently held a roundtable meeting with representatives of foreign-funded enterprises in Taicang, Jiangsu, to hear their briefings about development and operations of some foreign-funded enterprises and foreign business associations in China. How does the Ministry of Commerce look at the current situation of foreign investment and utilization of foreign capital?
4

・A Quick Look at the Highlights of the Shanghai Regulation on Advancing the Building of an International Commercial Arbitration Center
Laws and Regulations
【National】
1. China Introduces Measures to Accelerate Integrated Development of Domestic and Foreign Trade
【Keyword:Integrated Development of Domestic and Foreign Trade】
The General Office of the State Council released on December 7, 2023 the Several Measures on Accelerating the Integrated Development of Domestic and Foreign Trade. The document proposes 18 measures in five aspects, including improving the alignment of domestic and foreign trade rules and systems, promoting the coordination of domestic and foreign trade market channels, improving the environment for the integrated development of domestic and foreign trade, accelerating integration development in key areas, and strengthening the fiscal and financial support.
Source: Website of the Chinese Government
https://www.gov.cn/zhengce/content/202312/content_6919596.htm
2. China and Australia to Implement AEO Mutual Recognition
【Keyword:China and Australia; AEO】
The General Administration of Customs issued on December 8, 2023 the Announcement on the Implementation of Mutual Recognition of "Authorized Economic Operators" (AEO) Between Chinese and Australian Customs. The Announcement clarifies that the customs authorities of China and Australia will provide each other's AEO companies with facilitative measures when clearing imported goods, and are committed to providing rapid customs clearance after international trade is interrupted and resumed.
Source: General Administration of Customs
http://www.customs.gov.cn/customs/302249/302266/302267/5557704/index.html
3. SAFE Unveils Nine Measures to Facilitate Cross-border Trade and Investment
【Keyword:Cross-border Trade; Investment Facilitation】
The State Administration of Foreign Exchange (SAFE) recently released the Circular of the State Administration of Foreign Exchange on Further Deepening Reforms to Facilitate Cross-Border Trade and Investment. The document proposes nine measures in three aspects, including facilitating trade foreign exchange receipts and payments, expanding capital account facilitation policies, and improving capital account foreign exchange management. The move aims to further facilitate cross-border trade and investment and effectively enhance foreign exchange management to serve the real economy.
Source: SAFE
https://www.safe.gov.cn/safe/2023/1208/23593.html
【Shanghai】
1. Shanghai Issues Document to Support Carbon Peaking and Carbon Neutrality
【Keyword:Carbon Peaking; Carbon Neutrality】
Shanghai Municipal Finance Bureau and Shanghai Municipal Development and Reform Commission recently issued the Guidelines on the Work of Providing Fiscal Support for Carbon Peaking and Carbon Neutrality in Shanghai. The document includes overall requirements, support for carbon peaking actions in key areas, fiscal policy measures, and safeguard measures.
Source: Shanghai Municipal Finance Bureau
https://czj.sh.gov.cn/zys_8908/zcfg_8983/zcfb_8985/zrzyhsthj/20231212/xxfbdf0000022249.html
2. Shanghai Issues Measures for the Management of Food Safety Liability Insurance
【Keyword:Food Safety; Liability Insurance】
Shanghai Municipal Administration for Market Regulation and Shanghai Bureau of the National Financial Regulatory Administration recently issued the Measures of Shanghai for the Management of Food Safety Liability Insurance. With a total of 21 articles, the Measures aims to improve the social governance system on food safety, ensure the safety of people's lives and property, and promote high-quality development of the food industry. The Measures took effect on December 1, 2023 and will remain effective until November 30, 2028.
Source: Shanghai Municipal Administration for Market Regulation
https://scjgj.sh.gov.cn/209/20231213/2c984ad68c48e2a6018c613cf290630b.html
3. Pudong Advances Development of the Pilot Zone for “Silk Road E-commerce” Cooperation
【Keyword:Pudong; Silk Road E-commerce】
The Pudong New Area Plan for Advancing the Development of the Pilot Zone for "Silk Road E-Commerce" Cooperation was officially released on December 14, 2023. By outlining 24 tasks in five aspects, the Plan clarifies that Pudong will have basically completed the building of a high-quality central functional area of the Pilot Zone for Silk Road E-commerce Cooperation with a demonstration area for the comprehensive services by 2025. The moves aim to promote "Belt and Road" countries to push for trade cooperation in the form of e-commerce.
Source: Pudong Commerce
One Week in Shanghai
【Recent Development】
1. Shanghai and WIPO Sign MOU on Strengthening Exchanges and Cooperation in the Field of Intellectual Property
【Keyword:Intellectual Property】
Shanghai Municipal People’s Government and the World Intellectual Property Organization (WIPO) signed on December 9, 2023 the Memorandum of Understanding on Strengthening Exchanges and Cooperation in the Field of Intellectual Property. According to the MOU, the two sides will deepen cooperation in building intellectual property ecosystem, intellectual property alternative dispute resolution mechanism, intellectual property application, and intellectual property talent training, and drive more high-quality international intellectual property resources to be settled in Shanghai.
Source: Shanghai Release
【Forum & Exhibition】
1. 20th Shanghai International Intellectual Property Forum Held
【Keyword:Intellectual Property】
The 20th Shanghai International Intellectual Property Forum opened on December 10, 2023. The forum was themed on “Strengthening Legal Protection for Intellectual Property, Fueling Innovation-driven Development of Digital Economy”. A national report on intellectual property finance jointly compiled by the China National Intellectual Property Administration (CNIPA) and the World Intellectual Property Organization (WIPO) was released at the forum. Co-hosted by the CNIPA, the WIPO and the Shanghai Municipal People’s Government, the three-day forum has brought together experts and academics from home and abroad to make in-depth exchanges and discussions on topics such as "Digital Science and Technology Innovation and Intellectual Property Protection".
Source: CNIPA
2. 2023 Shanghai Digital Transformation Experience Week Opens
【Keyword:Digital Transformation】
The 2023 Shanghai Digital Transformation Experience Week opened on December 16 at the National University Science and Technology Park of Shanghai University of Finance and Economics. With the theme of "Making Response to Seek Opportunities and Using Data to Explore Innovation", the experience week will last for seven days. It will review the effect and experience of Shanghai's digital transformation in 2023, commend outstanding demonstrations, release results reports, and revitalize citizen experience.
Source: Shanghai Municipal Commission of Economy and Informatization
【Culture & Art】
1. Museum of Art Pudong Opens Heavyweight Exhibition “Caravaggio: Wonders of the Italian Baroque”
【Keyword:Caravaggio: Wonders of the Italian Baroque】
The Museum of Art Pudong’s heavyweight exhibition “Caravaggio: Wonders of the Italian Baroque” opened on December 12, 2023. The exhibition displays six important authentic works of Caravaggio and more than 50 original paintings by more than 40 "Baroque School" artists. The exhibition design incorporates elements of Baroque architecture and music, creating a very dramatic exhibition journey. The exhibition will last until April 12, 2024.
Source: Pudong Release
2. Special Exhibition of “Sanxingdui and Auguste Rodin” Opens to the Public
【Keyword:Sanxingdui; Auguste Rodin】
The “Glory of Bronze Civilization - A Dialogue Between Sanxingdui and Auguste Rodin Across Space and Time” opened on December 13, 2023 at the Museum of Shanghai University, and will run until February 1, 2024. The special exhibition displays 36 unearthed ancient cultural relics, mainly from Sanxingdui, and 21 modern works of art, mostly created by Auguste Rodin.
Source: Shanghai Tourism
3. Show Life - 2024 Shanghai International Musical Festival Opens
【Keyword:International Musical Festival】
The “Show Life - 2024 Shanghai International Musical Festival” opened on December 7, 2023 at the Shanghai Culture Square. The festival will continue and enrich the four content sections of "One Season of Performances", "One Forum", "One Plan" and "One Event", including original Chinese musical performance season, musical singing competition, and Chinese original musical incubation program and a musical development forum.
Source: Show Life
【Corporate Activities】
1. Omron China Relocates Regional Headquarters to Qiantan
【Keyword:Omron】
Omron China recently held a housewarming ceremony and announced that its regional headquarters will be relocated to Shun Tak Center, Qiantan. Omron's relocation aims to provide employees with a more dynamic work environment and create a green, low-carbon and smart workplace.
Source: Pudong Release
【Training】
1. Case-based Explanation – Corporate Protection of Intellectual Property Rights and Risk Prevention
【Keyword:Intellectual Property Rights; Protection】
In order to help foreign-funded enterprises in Shanghai improve their intellectual property protection and risk prevention capabilities, Shanghai Foreign Investment Association will invite a judge of the Shanghai Intellectual Property Court to give a lecture titled “Case-based Explanation - Corporate Protection of Intellectual Property Rights and Risk Prevention” on December 20, 2023. The judge will analyze typical cases of intellectual property rights protection from the perspective of judicial practices and offer suggestions to address problems in the daily corporate operations and management.
Source: Shanghai Foreign Investment Association
Q&A
Q1: Leaders of the Ministry of Commerce answered reporters' questions at the Ministry’s regular press conference - The Ministry of Commerce recently held a roundtable meeting with representatives of foreign-funded enterprises in Taicang, Jiangsu, to hear their briefings about development and operations of some foreign-funded enterprises and foreign business associations in China. How does the Ministry of Commerce look at the current situation of foreign investment and utilization of foreign capital?
A1: Due to multiple economic and non-economic factors, the actual amount of foreign direct investment in China has seen some volatility this year. We have explained the reasons many times. We have to point out that the current scale of FDI is still at a historical high, the investment structure is constantly optimized, the proportion of investment in high-tech industries is increasing, and foreign investors’ enthusiasm for China has not diminished. In the first ten months of this year, actual investment from Canada, the United Kingdom, France, Switzerland and the Netherlands has increased by 110.3%, 94.6%, 90.0%, 66.1% and 33.0% respectively from the same period of last year (including investment data through free ports).
China has always been committed to building a market-oriented, law-based and international first-class business environment to serve foreign-funded enterprises. The 24 Articles to Stabilize Foreign Investment are targeted policies and measures that we have introduced based on extensive collection of suggestions and appeals from foreign-funded enterprises, and these measures are designed to address key, difficult and thorny issues in the field of foreign investment. At present, relevant departments and local governments are making every effort to implement policies, and many targeted measures have been introduced recently. For example, three types of individual income tax exemptions for foreign expatriates and the tax refund policy for foreign-funded R&D centers purchasing domestic equipment have been extended, the protection against online infringement has been improved, the unilateral visa exemption policy for ordinary passport holders from 6 countries has been introduced, and the visa application for foreigners has been streamlined. There are also some policies in the process of being formulated, such as optimizing the domestic production application procedures for drugs that have already been marketed overseas, regulating and promoting cross-border data flow, etc. It is believed that with the implementation of these practical measures, the difficult problems reported by enterprises will be effectively solved, and the environment for foreign companies doing business in China will become better and better.
In the next stage, we will implement the spirit of the Central Economic Work Conference, expand high-level opening to the outside world, benchmark international high-standard economic and trade rules, steadily promote institutional opening-up, actively respond to the demands of foreign enterprises, facilitate people-to-people exchange between China and foreign countries, and make persistent efforts to optimize foreign investment and services. We believe that more foreign-funded enterprises will choose to "invest in China", seize "opportunities in China", and achieve common development with an "open China".
http://www.mofcom.gov.cn/xwfbh/20231214.shtml
Expert Perspective
A Quick Look at the Highlights of the Shanghai Regulation on Advancing the Building of an International Commercial Arbitration Center
By: Gong Yiduo, Zhang Yifei (Global Law Office)
The Standing Committee of the 16th Shanghai Municipal People's Congress adopted the Shanghai Regulation on Advancing the Building of an International Commercial Arbitration Center (Hereinafter referred to as the Regulation) at its eighth session held on November 22, 2023. The Regulation took effect from December 1, 2023. As arbitration participants, we sorted out the highlighted articles in the Regulation and summarized some of the highlights in six aspects.
First Highlight: Contemporary Arbitration Concepts
“Smart” and “green” are emerging arbitration concepts that have been constantly proposed and discussed in recent years. The rapid development of emerging information technologies such as big data, cloud computing, blockchain, and artificial intelligence not only provides necessary conditions for the realization of "smart arbitration" and "green arbitration", but also calls for innovation and response in arbitration mechanisms.
The Regulation pays full attention to the trend of arbitration development. Article 9 states that arbitration institutions are encouraged to strengthen the development of smart arbitration and green arbitration on the premise of complying with legal provisions on data security and the principle of arbitration confidentiality. The information management system for arbitration cases shall be optimized, and online arbitration procedures and work processes shall be enhanced to realize coordinated development of online arbitration and offline arbitration.
Before the promulgation of the Regulation, some arbitration institutions in Shanghai had conducted useful explorations on the establishment of an arbitration information management system. Taking the Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center) as an example, Article 10 of its new arbitration rules that will be officially implemented on January 1, 2024 stipulates that the parties can negotiate and agree on all or part of the arbitration proceedings to be conducted online with the help of Shanghai International Arbitration Center’s intelligent platform or other Internet or dedicated networks, including but not limited to online completion of case filing, document and evidence exchange, inquiry, mediation, appraisal, court hearing, service of documents, etc.
The coordinated online and offline model not only provides more convenient, more accurate, and lower-cost services, but is also more in line with the trend of green, low-carbon and digital development. The Regulation is not only a summary and refinement of previous practices and experience, but also will make arbitration concepts such as "smart" and "green" more deeply rooted in the hearts of the people.
[To Be Continued]

