Is Apple Breaching China’s Foreign Exchange Management Rules in the App Store?

(By You Yunting) In November of 2011, Apple Inc. began allowing its users in China to purchase app by RMB. At the time, the author believed that it means Apple would operate its AppStore in China. Yet unill now, the business concerning AppStore of Apple is still run by iTunes S.A.R.L.(the “iTunes”), the company registered in Luxembourg, a subsidiary of Apple Inc. Furthermore, according to the relevant International convention on transnational transaction, neither Apple nor iTunes is required to pay taxes for Chinese user’s purchase of the apps to the Chinese government. For Apple and iTunes, on one hand they take the payment in RMB, but on the other hand, they do not pay the taxes. This business model is achieved through the third party payment method. In this situation, the third party payment service provider would collect the payment from the Chinese users, and then transfer them to overseas. But this business model is at risk of violating the foreign currency control regulations of China. The following are the opinions of the author on this issue.

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Guideline for Foreigners to Apply Work Permit in China

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(By Albert Chen) According to the statistics issued by the Ministry of Human Resources and Social Security (the “MOHRSS”) in 2012, the employment license released to foreign workers in China has totaled 200, 000. In fact the administration approval with respect to foreigner employment in China is not limited to this license. Considering we have been consulted for many times what approval is legally demanded for the employment of foreigners, today we gonna introduce you the specific procedure. And in general, the approval could include: 1) work permit of foreign employers; 2) work visa; 3) employment permit; 4) physical examination; 5) residence permit.

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