The International Legal Affairs Department of Fidelity is composed of lawyers with extensive experience in foreign-related legal services. The department is capable of providing comprehensive legal services in English, Japanese, Korean, and French.

The department’s clients include foreign investors investing in China, Chinese investors investing abroad, Chinese enterprises engaged in international trade, and foreign enterprises conducting trade in China. Many of its clients are multinational corporations or well-known enterprises.

In September 2016, Fidelity established a joint operation with Hogan Lovells, one of the world’s top ten international law firms, in the China (Shanghai) Pilot Free Trade Zone. Through this cooperation, Fidelity has gained access to Hogan Lovells’ extensive international legal expertise and professional support. Combined with Fidelity’s over twenty years of experience in domestic and international investment legal services, the firm is well-positioned to meet the increasingly complex legal needs of clients both in China and globally. Over nine years of cooperation, the joint office has achieved an average annual revenue growth exceeding 20%, successfully realizing its goal of becoming a platform integrating international and domestic legal services. The joint office’s clients include Apple, Mercedes-Benz, MGM Studios, Blizzard Entertainment, Motorola, and Caterpillar.

Meanwhile, Fidelity has liaison offices and service staff in Indonesia and Malaysia, providing integrated legal services for Chinese enterprises investing in these countries.

Fidelity Malaysia

Fidelity, in cooperation with Xiamen University Malaysia and the Xiamen University Intellectual Property Center, established the Malaysia Contact Point of the National Overseas Intellectual Property Dispute Response Guidance Center (Fujian Sub-Center) at its Kuala Lumpur office. Fidelity maintains close ties with key Malaysian government bodies, including the Malaysian Investment Development Authority, the Ministry of Health, and the Labuan International Business and Financial Centre.

Fidelity Indonesia

Fidelity maintains a long-term friendly relationship with the Association of Foreign Investment Companies of Indonesia (AP-PMA Indonesia)—an organization initiated by President Joko Widodo and chaired by ministers of the Indonesian central government—as well as with the Consulate General of Indonesia in Guangzhou.

The main service areas of Fidelity’s International Legal Affairs Department are as follows

Overseas Investment

Overseas investment involves multiple legal jurisdictions. Therefore, cooperation between Chinese and foreign lawyers to jointly provide legal services for Chinese investors has become an effective model. However, due to differences in language, culture, and legal systems, Chinese clients often need a process of interpretation and understanding when receiving legal services from foreign lawyers. Fidelity has been deeply engaged in overseas investment services for many years, fully understanding the intricacies of the field, and has maintained long-term cooperative relationships with numerous foreign law firms. In 2016, Fidelity established a joint operation with Hogan Lovells, one of the world’s top ten international law firms, leveraging its global network across dozens of countries to provide higher-quality and more efficient legal services for clients’ overseas investments. In such investment projects, Fidelity not only acts as an independent legal service provider offering negotiation, transaction structuring, and document drafting, but also emphasizes its role as a coordinator. Through effective communication and understanding with foreign lawyers and target companies, Fidelity successfully resolves issues and conflicts between Chinese clients and foreign counsel, creating significant intangible benefits for Chinese clients during the overseas investment process.

Fidelity’s main services in this field include

◇Preparing preliminary legal environment reports on the investment destination, coordinating with foreign lawyers for due diligence on investment projects, and providing professional legal opinions and recommendations;

◇Providing consultation and legal opinions on issues related to industrial policies, trust agreements, guarantees, and taxation in transactions;

◇Designing and optimizing structured financing and transaction schemes;

◇Participating in negotiations and drafting, reviewing, and revising various legal documents required in the financing process; conducting due diligence on underlying assets involved in structured financing and issuing due diligence reports;

◇Assisting in handling various domestic government approval, licensing, and registration procedures;

◇Coordinating with overseas intermediaries, target companies, and other related parties;

◇Participating in negotiations and assisting in drafting and revising transaction-related documents;

◇Assisting in completing domestic and overseas project delivery procedures;

◇Handling other legal matters related to overseas investment.

International Supply Chain Services

Fidelity’s main services in this field include

Bulk Supply Chain Trade

◇Providing full-process legal services for Chinese enterprises in global supply chain production, procurement, warehousing, and sales, including international trade, logistics, storage, and shipping disputes.

Import and Export Compliance

◇Assisting enterprises in ensuring that their import and export activities comply with applicable laws and regulations, including those of the U.S. Customs and Border Protection (CBP), Bureau of Industry and Security (BIS/EAR), Department of State (DDTC/ITAR), and Department of the Treasury (OFAC).

Economic Sanctions and Export Controls

◇Helping enterprises address challenges related to U.S. economic sanctions, export controls, and the Foreign Corrupt Practices Act (FCPA), particularly in high-risk regions such as China, Southeast Asia, and Latin America.

Trade Remedy Measures

◇Providing legal advice on trade remedy measures, including anti-dumping and countervailing duty (AD/CVD) laws, safeguard measures (Section 201), national security investigations (Section 232), and technology transfer/intellectual property investigations (Section 301).

◇Providing legal services for C&D Group in establishing supply chain systems in Ukraine and Brazil.

◇Non-litigation resolution project for China National Trading’s vessel operations in Manila Bay, Philippines.

◇Conducting compliance training for Zijin Mining’s international supply chain.

◇Providing services for recognition and enforcement in Indonesia of Xiamen XGMA’s international trade arbitration awards from China.

◇Compliance project for a subsidiary of CATL related to transactions affected by U.S. sanctions.

◇Resolving disputes involving Zhejiang Materials Industry Group’s import of iron ore from Brazil.

◇Joint charter project of an offshore wind installation vessel in Germany between a BVI company and Zhenhua Shipping.

◇Dispute resolution for Tenglong Aromatics’ crude oil procurement case with a Hong Kong company (involving hundreds of millions).

◇Providing compliance services for a Xiamen Port Group subsidiary related to U.S. sanctions involving products sourced from Xinjiang.

◇Providing compliance services for Xiamen Xinda Group involving U.S. chip import regulations.

◇ Providing advisory services for Zhangzhou ceramic enterprises on EU anti-dumping cases related to product exports to the EU.

Foreign Investment

Fidelity has extensive experience in providing legal services for foreign investment in China. The firm actively participates in foreign direct investment (FDI) activities in China, offering comprehensive legal services throughout the entire investment process to deliver efficient, high-quality legal support and to protect clients’ interests to the greatest extent possible.

Fidelity’s main services in this field include

◇Foreign direct investment;

◇Analysis and consultation on industrial access policies;

◇Establishment of various types of enterprises and institutions;

◇Assisting multinational corporations in establishing foreign-invested or holding companies;

◇Analysis of foreign exchange inflows, outflows, and capital movement;

◇Regional selection and comparative analysis of policies for foreign direct investment;

◇Legal services for project development in foreign direct investment;

◇Legal services for localization and compliance management of foreign-invested enterprises;

◇Legal services for capital changes, domestic financing, and cross-border financing of foreign-invested enterprises.

Foreign Mergers and Acquisitions (M&A)

◇Analysis and consultation on industrial access policies;

◇Selection of target companies, risk assessment, and feasibility analysis;

◇Legal due diligence and business negotiations;

◇Design and optimization of transaction structures, drafting and reviewing transaction documents, and supporting negotiation processes;

◇Consultation and assistance with government approvals, permits, filings, registrations, and exemption procedures;

◇Antitrust filings;

◇National security review;

◇Assistance in completing M&A transactions and closings;

◇Post-merger corporate integration.

Foreign-Related Dispute Resolution

◇Assisting in investigation and evidence collection, evidence preservation, service of legal documents, and applying for compulsory enforcement on behalf of clients;

◇Representing clients in resolving disputes related to international trade settlements, particularly those involving letters of credit;

◇Representing foreign investors in resolving disputes arising from their investment activities in China;

◇Providing legal services to foreign investors involved in anti-dumping investigations initiated in China;

◇Providing legal services to Chinese enterprises involved in anti-dumping investigations initiated abroad;

◇Participating in negotiations to resolve international trade disputes and representing clients in international arbitration or litigation proceedings;

◇Handling other legal matters related to foreign-related dispute resolution.

Representative Cases

◇Provided legal services for a major mining corporation in its acquisition of a mining company (TOO) in Karaganda, Kazakhstan;

◇Provided legal services for FortuneTrend’s acquisition of six marble mines in Quetta, Balochistan, Pakistan;

◇Conducted due diligence for Canadian magnesium industry giant Timminco’s acquisition of Winca operations;

◇Provided legal services representing a foreign enterprise in its joint chartering of an offshore wind installation vessel in Germany with a central state-owned enterprise;

◇Conducted due diligence for a Canadian listed company in its acquisition of a mining company in Shanxi, China;

◇Provided legal services for Xiamen XGMA regarding recognition and enforcement of a Chinese arbitral award in Indonesia;

◇Provided legal services for a Taiwanese investor’s acquisition of Xiamen Xinya Plastics Co., Ltd.;

◇Provided legal services for a Hong Kong investor’s acquisition of a car sales and service company in Jinjiang;

◇Served as counsel to the transferor in the acquisition of a well-known Xiamen real estate company by a prominent U.S.-based real estate fund;

◇Acted as counsel to the transferor in a transaction where an Indonesian tobacco giant acquired a well-known Chinese state-owned food enterprise;

◇Served as counsel to the transferor in a Singapore company’s acquisition of a petrochemical company in Jiangsu, China;

◇Serving as legal counsel for nearly 20 multinational and foreign-related enterprises, including the Xiamen Area Administrative Committee of the China (Fujian) Pilot Free Trade Zone, Linde (China) Forklift Co., Ltd., and GN ReSound Hearing Technology (China) Co., Ltd.