Two Ministries Called for Improving Energy-Saving and Environmental Protection Statistics in Foreign Investment Section
On February 3, 2009, the Ministry of Commerce ("MOC") and the Ministry of Environmental Protection jointly released the Circular on Reinforcing Energy-Saving and Environmental Protection Statistics Regarding Foreign Investment (the "Circular"), effective on the same date. The Circular reiterates that the applicant shall submit environmental impact assessment ("EIA") documents approved by a competent environment protection authority to MOC or its local counterpart in jurisdiction upon applying for the establishment of or change of a foreign-invested enterprise ("FIE"). In addition to the EIA documents, the applicant shall also include the corresponding statistics set forth in the EIA documents in its application documents for establishment, filed with MOC or its local counterpart, and the updated statistics set forth in the updated EIA documents in any application documents for change. Such statistics shall include information about the funds used for environmental protection, the amount of sulfur dioxide discharge and chemical oxygen demand. Although not specified in the Circular, the relevant authorities have confirmed that the Circular applies to manufacturing FIEs that have their own facilities, which are subject to construction project EIA. To a certain extent, the filing system specified in the Circular encourages concerned FIEs to strengthen their environmental protection compliance.
Copyright ©2009 by Kaye Scholer LLP. All Rights Reserved. This publication is intended as a general guide only. It does not contain a general legal analysis or constitute an opinion of Kaye Scholer LLP or any member of the firm on the legal issues described. It is recommended that readers not rely on this general guide but that professional advice be sought in connection with individual matters. References herein to "Kaye Scholer LLP & Affiliates," "Kaye Scholer," "Kaye Scholer LLP," "the firm" and terms of similar import refer to Kaye Scholer LLP and its affiliates operating in various jurisdictions.
Also of Interest
- M&A and Corporate Governance Newsletter | Spring 2016 March 2016 • Reports / Newsletters
- Q&A with Alice Young: Diversity Experiences and Achieving Success in the Legal Profession April 6, 2015 • Media Mentions
- Kaye Scholer’s Shanghai Corporate Team Recommended in The Legal 500 Asia Pacific 2015 2014年11月5日 • Recognitions
- Kaye Scholer’s Global Capabilities Recognized in IFLR1000 2015 October 27, 2014 • Recognitions
- M&A and Corporate Governance Newsletter Summer 2014 • Reports / Newsletters
- How Chinese Companies Can Successfully Invest in the United States June 30, 2014 • Articles
- M&A and Corporate Governance Newsletter Spring 2014 • Reports / Newsletters
- Kaye Scholer Recognized in Six Practice Areas Worldwide in Chambers Global 2014 March 13, 2014 • Recognitions
- Shanghai Corporate Department Recognized by Chambers Asia Pacific 2014 February 18, 2014 • Recognitions