Reinier Russell

managing partner

Reinier advises national and international companies

reinier.russell@russell.nl
+31 20 301 55 55

Jan Dop

partner

Jan is a specialist in employment law and corporate law

jan.dop@russell.nl
+31 20 301 55 55

Coronavirus: 5 tips for entrepreneurs doing business with China

Publication date 29 January 2020

As an entrepreneur, you can take different measures to limit the consequences of the Coronavirus for your company. Check whether your contracts contain a force majeure clause, take measures to help protect your employees, look for alternative suppliers, and prepare for stricter rules for import to and exports from China.

coronavirus-weblijst.cdfc6a

The Coronavirus is spreading rapidly and more contagious than SARS. This has major consequences for entrepreneurs doing business with China. The Chinese government takes drastic measures to prevent the spread of this epidemic and locks down entire cities and provinces. Currently, this only concerns Wuhan and the province of Hubei, but other cities and regions may also be locked down if the virus spreads further. This has major consequences for the movement of people and goods. As an entrepreneur, what can you do to protect yourself against this?

1. Take care of your personnel in China

Pay attention to the measures taken by the Chinese government and ensure that your personnel adhere to them. Good employment practice: foreign employees can be taken home as a precaution. Help your Chinese personnel, for example, by sending face-masks, medical gloves, disinfectants and other products to prevent contamination. In China, these products are becoming scarce.

2. Take into account the potential closing of the businesses of your Chinese suppliers

If the virus continues to spread, companies may be closed down as a precaution. A company may also have to close down because employees stay at home to avoid contact with contaminated persons. Therefore, it is wise to see if you can find alternative suppliers.

3. Check if your contracts contain a force majeure clause

If your supplier has to close down, it will no longer be able to meet its obligations. You may suffer damage as a result. Check your contracts to see if you can recover this damage or if it is for your account. Take into account that your Chinese trading partner could try to take advantage of this situation in order to come back to agreements made, even if the company is not subject to restrictions yet.

4. Prepare for stricter rules on import

The outbreak of the Coronavirus has once again alerted governments to the importance of strict rules for hygiene and food safety. It can therefore be expected, that, in the wake of this epidemic, new, stricter rules will be introduced which will complicate both export to China and imports from China.

5. Take into account travel restrictions for Chinese personnel

Chinese personnel suffers from increasing travel restrictions. Even if they are allowed to travel, they might be less inclined to leave their family. You can also expect extra checks and restrictions if you want employees to come from China to the Netherlands.

More information

International business involves risks. Russell Advocaten collaborates internationally with our network of Primerus worldwide lawyers consisting of more than 3000 lawyers in 40 countries. We are happy to serve international businesses.

Do you have any questions about doing business with China? We will gladly help you and, if necessary,  call upon our Primerus colleagues in China. Please contact us:

    We process the personal data above with your permission. You can withdraw your permission at any time. For more information please see our Privacy Statement.

    Related publications

    Coronavirus in the Netherlands: measures companies can take

    The measures introduced to control the spread of the coronavirus are becoming increasingly strict. What do you, as an employer, have to take into account? More than you think! Read our article in the newsletter for SMEs by Ondernemersbelang.

    Read more

    Can you, as an entrepreneur, invoke the coronavirus as an unforeseen circumstance?

    It is a question that has occupied many people during the past few weeks: May an entrepreneur who, as a result of the coronavirus is unable to fulfil his contractual obligations, invoke unforeseen circumstances? In one of its first published judgments, the Netherlands Commercial Court (NCC) – the new court for international commercial disputes in Amsterdam – decided on this question.

    Read more

    Q&A coronavirus for company owners in the Netherlands

    Follow our coronavirus blog. Today, among other things: I no longer have work for my employees, what does the new scheme entail regarding compensation of their wages? What credit options does the government offer?

    Read more

    Prejudgment and executory attachment in the Netherlands: Powerful tools in debt recovery

    When a debtor refuses to pay despite reminders and demand letters, stronger measures will be necessary to secure a claim. One of the most effective instruments in Dutch debt recovery is attachment. How can a creditor secure such an attachment?

    Read more

    Wwft: issues with bank accounts for charities and associations

    Under the Money Laundering and Terrorist Financing (Prevention) Act (Wwft), banks may be obliged to refuse a customer or terminate their relationship with them. This can also happen to charities. When is a bank permitted to terminate the relationship? And must a customer cooperate with a bank’s investigation?

    Read more

    Dismissal of a statutory director without just cause: employer ordered to pay EUR 222,000

    Statutory directors enjoy less protection against dismissal, but there must still be reasonable grounds for the dismissal. Otherwise, the employer must pay fair compensation. This can be substantial, as a recent ruling has shown. Why was the employer required to pay this compensation?

    Read more