While the US has implemented stringent restrictions on Chinese investments in sectors like semiconductors, quantum computing, artificial intelligence, defence and emerging technologies, EU countries have had an incoherent approach, with many member nations putting in place scrutiny for Chinese investments in cutting edge technology, strategic industries, and critical infrastructure such as telecom, energy, and transportation.
A research note from the Rhodium Group points out that while Brazil and Turkey have raised barriers to imports of Chinese electric vehicles, they have taken measures to attract Chinese FDI in these sectors.
Finding the right balance
Vaibhav Kakkar, Senior Partner at Saraf and Partners, said the ambiguities in the meaning and applicability of the ‘beneficial owner’ clause under the Press Note 3 provisions have also presented practical challenges for blue chip European and US private equity and venture capital funds with minority indirect participation by financial investors or limited partners from land-bordering countries. “While there has been a recent thaw in border tensions between India and China, it does not appear that the Indian government is relaxing its views on the applicability and implementation of Press Note 3 on FDI transactions,” Kakkar said.