China Alert-MOFCOM Issues Final Procedures for National Security Review and Significantly Expands the Scope of Review

On August 25, 2011, the Ministry of Commerce ("MOFCOM") issued the Provisions Implementing the Security Review System for Mergers and Acquisitions of Enterprises within China Involving Foreign Investors (the "Provisions").

The Provisions replace the Interim Rules which MOFCOM had adopted shortly after the enactment of the basic text regulating the national security review process, the State Council's Circular on Establishing the Security Review System for Mergers and Acquisitions of Enterprises within China Involving Foreign Investors (the "State Council Circular"). The Provisions took effect from September 1, 2011.


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