Asia Pacific

In 2015, the National Development and Reform Commission (NDRC) issued the Circular on Promoting the Reform of the Filing and Registration Regime for Issuance of Foreign Debt by Enterprises, under which, both issuance of bonds and borrowing of mid-and-long term commercial loans overseas by PRC enterprises and/or their offshore subsidiaries and branches (collectively, the debtors) are subject to a prior filing and registration with NDRC (foreign debt filing). Over the past five years, the debtors as applicants encountered a lot of issues with regard to the foreign debt filing due to the ambiguity in definitions, scope and standards thereof. As a result, the NDRC issued detailed application guidance including 25 FAQs and respective answers in February 2020, aiming to make these issues clear.

On July 24 2019, based on a request from the Financial Services Agency (FSA), the Trust Companies Association of Japan – a financial association whose members comprise of financial institutions engaged in trust businesses – proposed sample provisions to deal with the risk of money laundering etc. in trust agreements. The outline of these sample provisions is as follows:

Contractual relations between governments and the private sector are usually dictated by a strict set of rules and regulations, that are set in place as an assurance that the public interest is protected and that the public procedures are transparent and subject to the necessary advertising and competitive tendering requirements. In this context, the exceptional public health situation we are living in represents a true game changer, posing challenges to the existing legal frameworks and imposing upon governments the task to quickly adapt the regulatory system to provide answers to the ever evolving pandemic situation.