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How Stable is China economically and politically?
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This is a difficult question to answer.
On the one hand China has an impressive track record for
overall economic development, averaging roughly 9% annual
Gross Domestic Product ( GDP ) growth for over a decade.
In the key regional markets of China – the Pearl
River Delta, the Yangtze River Delta (greater Shanghai
area), and the Beijing/Tianjin area – per capita
income has soared 10% – 15% per year since
1980. On the other hand, this economic growth is uneven.
Much of China’s peasant farming population is losing
economic ground, and feels increasingly disenfranchised.
Because peasant farmers number about 700-800 million people,
this presents a formidable challenge to China’s central
and regional policy makers. The next five years will likely
demonstrate how serious the Chinese government is about
paying more attention to the needs of this unhappy and
impoverished majority.
For the moment, China appears relatively stable politically.
In September of 2004 Jiang Zemin resigned his post as Chairman
of the Chinese Military Commission, allowing Hu Jin Tao to
further consolidate power. Beijing remains committed to economic
liberalization and to implementing WTO reforms. But while
the political picture in Beijing is gradually becoming less
murky, the provincial and municipal governments are growing
more independent.
Section I of our Inside
Chinese Business course, Chinese Business Culture,
covers this topic in greater detail with specific strategies
and advice for American firms.
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How can I protect my intellectual property
in China?
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Protection for intellectual property (IP)
in China is weak by international standards. Counterfeiting
is rampant. Ionis International clients have shared many
stories of products being flagrantly copied in China: everything
from motor oil to tractor parts to baby bathtubs. First
of all, China is a developing country with little of its
own intellectual property to protect, and therefore has
less incentive to vigorously enforce international IP standards
than do more developed nations. Secondly, China is a socialist
nation, where collective ownership has been the standard
for decades. The concept that a firm can own an idea is
foreign and illogical to many Chinese. Third, China lacks
a mature legal system; laws and regulations are open to
interpretation by local authorities, many of whom will
personally benefit from corruption of the system. Although
we know of Western firms operating in China who have successfully
prosecuted counterfeiters, the process is slow and expensive.
In many cases, the perpetrators are government-owned companies
ad so the government courts may not be helpful. A potentially
more successful strategy is to co-opt the counterfeiter
by pressuring the firm to license the technology from you,
and thereby legalize their business. Other firms try to
protect technology by establishing wholly-owned operations
for manufacturing, rather than a joint-venture with a Chinese
firm (this is not possible in all sectors of the economy).
This strategy provides more control over intellectual property.
The best advice is: don't be naive. You should anticipate
that your product or technology will be copied illegally,
and therefore need to be very careful with patents and
copyrights.
A related concern is industrial espionage. We know of many, many cases where
Western business people have had data stolen from laptop computers, had phone
calls and faxes monitored, and had hotel rooms and luggage searched. The problem
seems to be worse in high-tech businesses. You should sanitize all computers
and documents before they are carried into China, and assume all phone and fax
communication is monitored. As a 'countermeasure', establish codes to use when
communicating with the U.S. during negotiations with Chinese organizations. We
know this sounds extreme, but it is better to be safe than sorry.
Section II of our Inside
Chinese Business course, on The Chinese Company, covers this topic in greater detail with specific strategies
and advice for American firms. |
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I have heard that bribery and corruption in
China are difficult to avoid. Is this true, and what advice do you
have for the American person doing business there?
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American firms building business relationships
in the People's Republic of China should not be naive about
the level of corruption, but should also realize that some
practices such as gift-giving, which can seem inappropriate
to Americans, may be well within the bounds of ethical business
practices in China. For example: an American managing a
U.S. subsidiary in China occasionally lends his Jeep to
the local customs officials on the weekends. These officials
have authority over deciding what the import duty will be
on the American firm's industrial machinery. These officials
are also personal friends of the American manager, with
whom he often goes bowling. Is this corrupt? Maybe. Is this
an example of building personal connections (guanxi) that
are useful in business? Absolutely. Would this behavior
be within your company's policies? This particular case
is open for debate perhaps, as are many that you might experience
in China, but other situations are not. Often local officials
expect, and maybe even request, cash payments for consideration
of special favors or to speed approvals. This is clear-cut
bribery, and U.S. firms are forbidden from participating
by the Foreign Corrupt Practices Act (FCPA). Because many
other countries allow (and in some instances even permit
tax deductions for ) the payment of bribes, American companies
may appear to be at a competitive disadvantage, but it appears
that international laws are gradually shifting towards the
U.S. position. Our advice is: do not violate the FCPA, but
do work to build guanxi with local officials and other business
interests in China.
Section II of our Inside
Chinese Business course, on The
Chinese Company, covers
this topic in greater detail with specific strategies and
advice for American firms.
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What hurdles do American businesswomen face
in doing business
with the Chinese?
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American firms building business relationships in the
People's Republic of China should not be naive about the
level of corruption, but should also realize that some
practices such as gift-giving, which can seem inappropriate
to Americans, may be well within the bounds of ethical
business practices in China. For example: an American managing
a U.S. subsidiary in China occasionally lends his Jeep
to the local customs officials on the weekends. These officials
have authority over deciding what the import duty will
be on the American firm's industrial machinery. These officials
are also personal friends of the American manager, with
whom he often goes bowling. Is this corrupt? Maybe. Is
this an example of building personal connections (guanxi)
that are useful in business? Absolutely. Would this behavior
be within your company's policies? This particular case
is open for debate, as are many that you might experience
in China, but other situations are not. Some local officials
expect, and maybe even request, cash payments for consideration
of special favors or to speed approvals. This is a clear-cut
violation of the Foreign Corrupt Practices Act (FCPA).
Our advice is: do not violate the FCPA, but do work to
build guanxi with local officials and other business interests
in China.
Section II of our Inside Chinese
Business course, on
The Chinese Company, covers this topic in greater detail
with specific strategies and advice for American firms.
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How can I recruit and keep qualified Chinese
staff at our facility in China? I have heard that it is very difficult.
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Developing a stable, competent workforce is one of the
critical issues for foreign companies operating in China.
Although a huge pool of unskilled and semi-skilled labor
is available, skilled labor and professional managers are
at a premium. Many technology firms are scrambling to find
enough electrical engineers, finance managers, and the
like. In the booming coastal provinces, poaching of employees
is common and salaries have been spiraling upward. Some
successful tactics include: providing on-going training
and advancement for local Chinese hires, providing subsidized
housing loans that are forgiven after a certain number
of years of service, and providing opportunities for overseas
training and other perks. For long-term sources of professional
employees, companies establish relationships with university
professors, and hire a few graduates every year through
this channel. Many foreign firms use expatriate managers – often
from Singapore, Hong Kong, or Taiwan – who speak
Mandarin and understand the culture. Local Chinese hires,
however, often resent these overseas Chinese, whose salaries
range from ten to thirty times higher than their own.
Section II of our Inside
Chinese Business course, on The Chinese Company,
covers this topic in greater detail with specific strategies
and advice for American firms.
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What is the best type of investment in China:
joint venture, wholly-owned subsidiary, or other?
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The answer depends upon the industry,
the size of the enterprise, and how much money you are
willing to invest. The most common investment route for
Western firms used to be an Equity Joint Venture (EJV)
with a Chinese company, usually a State-Owned Enterprise
( SOE ). The advantage of this approach is that your partner
can usually provide a building, or a site to build on,
manpower, connections for gaining approval, and sometimes
capital financing. The disadvantage is that you have less
control over manufacturing and technology, and are sometimes
stuck if the Chinese partner is not able to perform up
to your expectations. In 2004, Wholly Foreign-Owned Enterprises
(WFOEs) are the most popular investment choice for foreign
firms, but are limited to certain industries. Some large
Western firms such as Motorola have successfully launched
manufacturing ventures in this manner, and can more easily
control technology and quality. Because you are starting
from scratch, however, gaining approvals, finding a legal
building site, and hiring competent workers can be challenging.
Section I of our Inside
Chinese Business course, on The Chinese Company,
covers this topic in greater detail with specific strategies
and advice for American firms.
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