National security concerns in the U.S. and China have been used to bar certain types of foreign investments. Subjecting a legitimate commercial deal to arbitrary and protectionist exercises may only invite a similar action by the affected state, thus creating a potential spiral adverse to foreign investments.

The withdrawal of a few enterprises from China does not necessarily mean that China’s ability to attract foreign investment is declining. Rising labor costs, land costs, and a shrinking manufacturing sector are several structural indications of a changing economy. China will investigate and respond to foreign business concerns regarding the investment climate and safeguard the legitimate rights and interests of investors and enterprises.

China’s “Foreign Investment Law” was solicited for public comment from foreign companies, lawyers, and policy makers, and though not finalized, represents a move to improve openness, promote foreign investment, and regulate investment behavior. Pan Xiaoming explains the new features that fundamentally change the structure of Chinese foreign investment.