第一财经

How Chinese companies can defend against non-traditional risks in their international expansion?

原文:中企如何防御非传统出海风险

Summary of Key Points

This news article highlights that the risks faced by Chinese companies when expanding overseas have changed. In the past, the main issues were market-related challenges such as exchange rate fluctuations and commodity price drops. However, the current biggest concern is the emergence of non-market risks stemming from geopolitical factors—such as foreign governments suddenly enacting laws to nationalize companies or force them to divest their assets. These risks are not inherent in the market but are deliberately orchestrated at a national level. Once they occur, a company's core assets (such as equity, technology, and mining rights) can be permanently lost, and all previous compliance measures and contracts become ineffective. The article cites examples of companies like Jingye Group, ASML, TikTok, and Ganfeng Lithium to illustrate the common characteristics of non-market risks and provides strategies for companies to mitigate them. For traditional risks, market-based tools (such as purchasing insurance and locking in exchange rates) can be used; for non-market risks, proactive measures such as diversifying investments, partnering with local entities, and engaging in communication with governments are necessary.

Traditional Risks vs. Non-Traditional Risks: The Difference is Like That between a Cold and Cancer

Traditional risks are minor issues inherent in the market, such as:

  • A drop in lithium prices reducing Ganfeng Lithium’s profits (but the mines remain);
  • Exchange rate fluctuations affecting export companies’ profits (which can be mitigated with financial instruments);
  • Labor disputes that can be resolved by paying additional compensation.

These risks only affect short-term profits and do not threaten a company’s survival, and there are established methods to address them (e.g., purchasing foreign exchange insurance or signing long-term supply contracts).

Non-traditional risks, on the other hand, represent a fatal blow from foreign governments using state power:

  • Jingye Group’s compliant acquisition of British Steel cost £1.2 billion to protect jobs, but the UK later nationalized the company, resulting in the loss of billions in assets;
  • Mexico designated lithium as a strategic resource and revoked Ganfeng Lithium’s mining rights, rendering all previous exploration investments worthless.

These risks are the result of political maneuvers, and once they occur, a company’s core assets can be permanently lost, with existing contracts and compliance certifications becoming ineffective.

Four Common Traps of Non-Market Risks for Chinese Companies Expanding Overseas

1. Focusing on Key Areas: Industries targeted by major powers (chips, digital platforms, minerals, manufacturing) are particularly vulnerable.

2. Risk Spreading Globally: When one country takes action, others often follow suit. For example, the US’s actions against TikTok led to stricter regulations in the EU, and its sanctions on chip companies affected Chinese companies’ voting rights in Europe.

3. Compliance in Vain: Compliance measures may be ineffective if local laws change later. For instance, ASML’s acquisition was approved by the EU, but subsequent regulations restricted Chinese shareholders’ rights.

4. Total Losses: Non-market risks can result in the complete loss of assets, technology, and business operations. For example, TikTok’s forced divestiture of its US operations meant losing a crucial overseas market.

Case Studies: How Chinese Companies Encountered Non-Market Risks

  • Jingye Group (Steel): A compliant acquisition of British Steel resulted in nationalization due to “national security” concerns, resulting in significant asset losses.
  • ASML (Chips): Its acquisition was approved by the EU, but later regulations restricted Chinese shareholders’ rights and required technology to be managed by a third party.
  • TikTok (Digital Platform): Initially, it only needed to comply with data privacy laws, but later US regulations on “information security” led to the forced divestiture of its US operations.
  • Ganfeng Lithium (Minerals): Normal market fluctuations were exacerbated by Mexico’s decision to revoke mining rights under the pretext of resource autonomy, rendering insurance and contracts ineffective.

Mitigation Strategies

1. Layered Defense: Do not put all your eggs in one basket:

  • For Traditional Risks: Use financial tools to hedge against exchange rate fluctuations and secure commodity prices with long-term contracts.
  • For Non-Market Risks:
  • Avoid sensitive industries or diversify investments to reduce the impact of potential issues.
  • Partner with local entities to blend Chinese and foreign capital in overseas companies.
  • Collaborate with industry associations and Chinese diplomatic missions to influence local regulations.
  • Diversify operations globally to spread risks.

Conclusion

When expanding overseas, companies must consider both economic and geopolitical factors. Traditional risks can be managed with market-based strategies, but non-market risks require proactive planning and cooperation with local stakeholders. Only by addressing both types of risks can Chinese companies establish a solid presence in international markets.