The Foreign State Immunity Statute of China, to a large extent, mirrors several rules in the Convention. It recognises the restrictive immunity of foreign sovereign states and carves out exceptional circumstances where state immunity shall not apply. These exceptions include commercial activities, employment contracts, personal injury, damage to property, and commercial and investment treaty arbitration. 

On September 28, 2023, the Cyberspace Administration of China (“CAC”) issued the Provisions on Regulating and Facilitating Cross-Border Data Flow (Draft for Comments) (“Draft Rules”) for public comment, with a deadline of October 15, 2023.  If formally adopted, the Draft Rules will result in significant changes to the application of data export regulation in China.  This article briefly assesses the impact of the Draft Rules on enterprises’ data exports and suggests some next steps.