Cross-border Enforcement Guidelines Series - Japan Chapter

Following the promulgation by the State Council on 5 May 2026 of the Regulations of the State Council on Outbound Investment (State Council Order No. 837, the “New ODI Regulations”, effective 1 July 2026), on 21 August 2026 the National Development and Reform Commission released the Administrative Measures for Outbound Investment (Revised Draft for Public Comment) and opened it for public consultation.On the whole, the revision retains the existing framework, which is built around the approval and filing mechanism and the sensitive/non-sensitive classification, while making substantive extensions in the scope of investors, the information reporting regime, protection of outbound investment, and legal liability, in coordination with the New ODI Regulations.

This is the second volume of the France instalment of DeHeng Law Offices' Cross-Border Enforcement Guideline series. Volume 1 answers fifteen questions on the recognition and enforcement of civil and commercial judgments between France and the Chinese mainland, and carries the sources, the note on figures and the verification status on which both volumes rest.

As trade and cross-border investment between France and China continue to expand, the recognition and enforcement of civil and commercial judgments between France and the Chinese mainland has become a critical issue that market participants must address at the dispute resolution stage. This is the France instalment of DeHeng Law Offices’ Cross-Border Enforcement Guideline series. In a Q&A format, it systematically maps the recognition and enforcement of civil and commercial judgments between France and the Chinese mainland, with a particular focus on the Sino-French Judicial Assistance Agreement of 4 May 1987, the 2023 PRC Civil Procedure Law, and the relevant doctrinal evolution and judicial practice. It covers civil and commercial judgments only; the arbitral awards instalment will be published separately.

For years, the structuring reflex was simple: to invest in Europe, a Chinese group could acquire through a European subsidiary or holding and stay outside national foreign-investment screening. That route is now closing. On 8 June 2026, the Council of the EU gave final approval to a revised FDI Screening Regulation (overhauling Regulation (EU) 2019/452). It makes screening mandatory in all 27 Member States and, most importantly for Chinese investors, extends it to indirect control: an EU acquirer ultimately controlled by a non-EU parent is now caught. The lesson from our previous note still holds, and goes further. In Europe, “not notifiable” does not mean “no risk”, and a European holding no longer makes the problem disappear.