foreign | Judiciary.org

A New Milestone in China’s Rule-Based Opening-Up and Trade-Related IP Governance-A Brief Analysis on 2025 Revision of China’s Foreign Trade Law

I. Introduction

On December 27, 2025, the Standing Committee of the National People’s Congress of the People’s Republic of China promulgated the newly revised Foreign Trade Law, which will take effect on March 1, 2026 (the “2025 FTL”). This legislative act marks a pivotal moment in China’s legal framework governing its economic interactions with the world. Since its initial enactment in 1994, China’s Foreign Trade Law (the “FTL”) has served as the fundamental statute regulating China’s import and export activities, … Read the rest

Civil Law

Section 8 Company Limited by Guarantee: An Alternative to Traditional Section 8 for FEMA & FCRA Issues Faced by Foreign Owned and Controlled Entities

Summary: The blog discusses the progressive shift in the implementation of CSR activities by foreign-owned and controlled entities, and how a Section 8 company limited by guarantee can serve as an alternative to the challenges faced by traditional Section 8 companies under the Foreign Exchange Management (Non-Debt Instruments) Rules, 2019, and the Foreign Contribution (Regulation) Act, 2010.

Introduction

Corporate social responsibility (“CSR”) has evolved from a voluntary philanthropic activity to a mandatory legal requirement under the Companies Act, … Read the rest

Civil Law

Regulatory framework governing ‘foreign contributions’: Ambiguity leading to excessive stringency

The Foreign Contribution (Regulation) Act, 2010, and the rules framed thereunder regulate ‘foreign contribution’. This post examines how heightened policing calls for stringent compliance by entities receiving ‘foreign contribution’.

Evolving regulatory framework for ‘foreign contributions’

The first law to regulate ‘foreign contributions’ in India, the Foreign Contribution (Regulation) Act of 1976 (“Old Regime”), was passed during the Emergency to safeguard against the misuse of ‘foreign contributions’ for activities that may be detrimental to ‘national security’.[1] This was thereafter … Read the rest

Civil Law

Salary reimbursement of seconded employees not taxable in the hands of foreign company: Delhi ITAT

The Hon’ble Income Tax Appellate Tribunal (“ITAT”), Delhi has recently held that salary reimbursement of seconded employees paid to the original employer without any profit element is not taxable as fee for technical services.

This case[1] pertains to Ernst and Young LLP, USA (“EY USA”), which is set up in the US. It had sent its employees on secondment (“Seconded Personnel”) to work with various EY member firms in India (“EY India”). … Read the rest

Supreme Court

Israeli citizen challenges U.S. wire-fraud conviction for foreign financial scheme

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

The Supreme Court has issued a number of decisions in recent years limiting the reach of the federal wire-fraud statute, which outlaws the use of “the wires” – including internet and phone lines – to commit fraud. This week, we highlight cert petitions that ask the court to consider, among … Read the rest