Perhaps tariffs only scratched the surface -- what are the challenges in the Chinese market?

By: blockbeats|2025/04/11 10:30:04
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Original Title: When it comes to tariffs, China is a special case
Original Author: @stevesi
Original Translation: zhouzhou, BlockBeats

Editor's Note: This article discusses the significant challenges U.S. tech companies face in China. Despite the attractiveness of the Chinese market to foreign businesses, issues such as inadequate intellectual property protection, heavy government intervention, and rampant piracy make conducting business in China exceptionally difficult. Companies like Microsoft have tried various approaches but have consistently struggled to break through the complex barriers of the Chinese market. The article emphasizes that while tariffs are obvious, the true issues in China lie in soft restrictions, regulatory mazes, and cultural differences, calling for a deeper understanding and discussion of the challenges in the Chinese market.

The following is the original content (slightly reorganized for better readability):

There has been much discussion about how the United States can benefit from China's powerful manufacturing sector, with tariffs often being the focus of international trade debates. However, what is often overlooked is how difficult it is for U.S. companies to enter the Chinese market and establish a sustainable business—especially in the service and intellectual property sectors.

Tariffs are just the tip of the iceberg. Beneath the surface lies a vast and intricate network of "soft barriers," regulatory requirements, and cultural differences, making it nearly impossible for U.S. companies to enter this market in a fair and sustainable manner.

Having worked at Microsoft for 15 years and having lived and worked in China, I have personally witnessed all of this. These experiences have been more challenging and enlightening than any tariff dispute.

Perhaps tariffs only scratched the surface -- what are the challenges in the Chinese market?

Over the years, I have participated in many events in China related to cooperation and piracy.

Microsoft's first attempt in Asia was to enter the Japanese market in the late 1980s. This was not easy. We faced some technical barriers, such as the absence of a UNICODE standard, a strong local preference for domestic products, and government policies that overtly or covertly favored Japanese companies. In many ways, this was not so different from the "Buy American" policies seen in the United States.

However, through perseverance, respect for local customs, and significant investment in product localization, we eventually succeeded. Japan's deeply rooted respect for intellectual property played a crucial role. By the mid-1990s, Microsoft Office was one of the most profitable businesses in Japan, with both corporate users and ordinary consumers loving the product, the distribution approach we tailored for the Japanese market, and the software experience we provided.

Windows 7 Released in Japan.

However, the situation in China was completely different.

From the beginning, we encountered a series of complex issues. An early version of Windows was even completely banned from sale because some of the localization work was done in Taiwan. And that was just the beginning. We responded sincerely time and time again: we established a large local development team, developed a popular Input Method Editor, built advanced research and development centers, and strictly complied with all regulations for doing business in China—even hiring locals as CCP representatives in our office.

Despite our efforts, we still hit a wall time and time again.

Software piracy was the most obvious and frustrating challenge. Although software piracy is a global issue, the scale in China was shocking. Around 90% of Microsoft products in China were pirated. Imagine, a country with 200 million personal computers, yet the revenue generated was similar to Italy, which has only a quarter of the number of computers and a "mere" 50% piracy rate.

In the past, we often consoled ourselves, believing that while these users were using our products for free now, they would be willing to pay for them in the future because they liked our products, and as soon as the government truly started valuing intellectual property, our revenue would increase.

Take a stroll through those bustling computer markets, and this problem would become even more apparent. There were five or more floors filled with computers—from pre-built systems to DIY kits, everything you could think of. You could choose a system, and they would assemble it for you on the spot.

After assembly, they would give you a software menu, and once you made your selection, you'd soon receive a custom-made CD containing all the software suites you wanted—Windows, Office, Photoshop—along with a serial number in a text file in the root directory, sometimes even throwing in a few pirated movies. The whole package cost only 100 RMB, roughly $12 at the time.

Time and time again, we pled with government officials in meetings. Through countless banquets and numerous toasts with baijiu, we discussed collaboration, innovation, and the value of intellectual property rights. But the response remained consistent: the government always used poverty as an excuse, claiming they couldn't afford genuine software, while they themselves drove around in black Mercedes and indulged in luxurious meals at the high-end Ferrari showroom upstairs.

Eventually, some officials began to express their attitude more openly: "We do not agree with your so-called concept of intellectual property," they told us, "we believe knowledge should be disseminated and shared."

In theory, this is a noble idea—open-source advocates also hold similar views—but in reality, it is merely a rationalization for plagiarizing and reselling our work without any compensation.

In Windows (later in Office), we gradually introduced more robust "anti-piracy" measures, but we soon found that users simply turned to using older versions of the software that were easier to crack—versions that were not only more easily pirated but also more vulnerable to hacking. We would showcase the design and related plans to the government before release, but still faced strong resistance from them. They told us that our "approach" did not meet market demand—such as a simple registration wizard program.

So you would see, on the airport flight information screens, warnings of "Windows not being registered." The cash registers at my supermarket still ran on Windows XP released a decade ago, simply because they were unwilling to pay for the newer version. PC manufacturers started shipping without pre-installed Windows, even openly claiming that they were doing so to comply with U.S. antitrust laws.

Moreover, the issue is not just limited to software. Companies in various industries in the U.S. and Europe—including pharmaceuticals, fashion, and publishing—all face similar dilemmas. I remember visiting a large pharmaceutical factory on the outskirts of Shanghai. Those in the tech industry may be more familiar with Foxconn and device manufacturers, but the pharmaceutical industry is actually larger in scale. Officials said these factories were producing for Western companies, but everyone knows that some of the products will be resold in the local market, and the enterprises that developed these products would receive no compensation.

Even consumer goods were not immune. Once, while trekking in the rain with my Microsoft China colleagues, I noticed that each of them was wearing the same North Face jacket as me. However, while my clothes remained dry, theirs were already soaked—turns out, they were wearing knockoffs manufactured in the same factory, with an identical logo, but using inferior materials.

I once firmly believed that we could find a successful path in China. I advocated for expanding local R&D, gave speeches everywhere, led teams to expand, and always held hope, believing that we could, like in Japan, eventually achieve difficult but genuine success. However, as time passed, I gradually realized: compromises have no end, and a truly sustainable long-term business model simply does not exist.

We are not alone. Google has exited China, and Meta is nearly completely blocked. Even in this era of cloud computing and subscription software, which are harder to pirate, Microsoft's revenue from China is still less than 1% of its global total revenue. Even Apple — one of the few American success stories in China — faces significant pressure from government intervention and local competition. Automakers like Ford have already retreated from the market, and BMW and Volkswagen's market share is only half of what it was a few years ago.

When it comes to fair trade, people often easily focus on tariffs. Tariffs are visible, quantifiable, and politically convenient. However, in China, tariffs are far from the biggest obstacle. The real challenges are much harder to quantify: soft restrictions, regulatory mazes, cultural differences, and the constantly evolving definitions of fairness and property rights.

Yes, every country has its form of protectionism — including the United States. The relationship between the European Union and U.S. tech companies is also fraught with friction. But over the past few decades, we have found solutions in many regions. Yet, in China, after 25 years of effort, we are still waiting for a substantial breakthrough for the tech industry to operate here.

So, when we discuss international trade, let's not just focus on tariffs. The real story — especially in China — is much more complex and much more important.

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China's Central Bank and Eight Other Departments' Latest Regulatory Focus: Key Attention to RWA Tokenized Asset Risk


Foreword: Today, the People's Bank of China's website published the "Notice of the People's Bank of China, National Development and Reform Commission, Ministry of Industry and Information Technology, Ministry of Public Security, State Administration for Market Regulation, China Banking and Insurance Regulatory Commission, China Securities Regulatory Commission, State Administration of Foreign Exchange on Further Preventing and Dealing with Risks Related to Virtual Currency and Others (Yinfa [2026] No. 42)", the latest regulatory requirements from the eight departments including the central bank, which are basically consistent with the regulatory requirements of recent years. The main focus of the regulation is on speculative activities such as virtual currency trading, exchanges, ICOs, overseas platform services, and this time, regulatory oversight of RWA has been added, explicitly prohibiting RWA tokenization, stablecoins (especially those pegged to the RMB). The following is the full text:


To the people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government, the Xinjiang Production and Construction Corps:


  Recently, there have been speculative activities related to virtual currency and Real-World Assets (RWA) tokenization, disrupting the economic and financial order and jeopardizing the property security of the people. In order to further prevent and address the risks related to virtual currency and Real-World Assets tokenization, effectively safeguard national security and social stability, in accordance with the "Law of the People's Republic of China on the People's Bank of China," "Law of the People's Republic of China on Commercial Banks," "Securities Law of the People's Republic of China," "Law of the People's Republic of China on Securities Investment Funds," "Law of the People's Republic of China on Futures and Derivatives," "Cybersecurity Law of the People's Republic of China," "Regulations of the People's Republic of China on the Administration of Renminbi," "Regulations on Prevention and Disposal of Illegal Fundraising," "Regulations of the People's Republic of China on Foreign Exchange Administration," "Telecommunications Regulations of the People's Republic of China," and other provisions, after reaching consensus with the Cyberspace Administration of China, the Supreme People's Court, and the Supreme People's Procuratorate, and with the approval of the State Council, the relevant matters are notified as follows:


  I. Clarify the essential attributes of virtual currency, Real-World Assets tokenization, and related business activities


  (I) Virtual currency does not possess the legal status equivalent to fiat currency. Virtual currencies such as Bitcoin, Ether, Tether, etc., have the main characteristics of being issued by non-monetary authorities, using encryption technology and distributed ledger or similar technology, existing in digital form, etc. They do not have legal tender status, should not and cannot be circulated and used as currency in the market.


  The business activities related to virtual currency are classified as illegal financial activities. The exchange of fiat currency and virtual currency within the territory, exchange of virtual currencies, acting as a central counterparty in buying and selling virtual currencies, providing information intermediary and pricing services for virtual currency transactions, token issuance financing, and trading of virtual currency-related financial products, etc., fall under illegal financial activities, such as suspected illegal issuance of token vouchers, unauthorized public issuance of securities, illegal operation of securities and futures business, illegal fundraising, etc., are strictly prohibited across the board and resolutely banned in accordance with the law. Overseas entities and individuals are not allowed to provide virtual currency-related services to domestic entities in any form.


  A stablecoin pegged to a fiat currency indirectly fulfills some functions of the fiat currency in circulation. Without the consent of relevant authorities in accordance with the law and regulations, any domestic or foreign entity or individual is not allowed to issue a RMB-pegged stablecoin overseas.


(II)Tokenization of Real-World Assets refers to the use of encryption technology and distributed ledger or similar technologies to transform ownership rights, income rights, etc., of assets into tokens (tokens) or other interests or bond certificates with token (token) characteristics, and carry out issuance and trading activities.


  Engaging in the tokenization of real-world assets domestically, as well as providing related intermediary, information technology services, etc., which are suspected of illegal issuance of token vouchers, unauthorized public offering of securities, illegal operation of securities and futures business, illegal fundraising, and other illegal financial activities, shall be prohibited; except for relevant business activities carried out with the approval of the competent authorities in accordance with the law and regulations and relying on specific financial infrastructures. Overseas entities and individuals are not allowed to illegally provide services related to the tokenization of real-world assets to domestic entities in any form.


  II. Sound Work Mechanism


  (III) Inter-agency Coordination. The People's Bank of China, together with the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security, the State Administration for Market Regulation, the China Banking and Insurance Regulatory Commission, the China Securities Regulatory Commission, the State Administration of Foreign Exchange, and other departments, will improve the work mechanism, strengthen coordination with the Cyberspace Administration of China, the Supreme People's Court, and the Supreme People's Procuratorate, coordinate efforts, and overall guide regions to carry out risk prevention and disposal of virtual currency-related illegal financial activities.


  The China Securities Regulatory Commission, together with the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security, the People's Bank of China, the State Administration for Market Regulation, the China Banking and Insurance Regulatory Commission, the State Administration of Foreign Exchange, and other departments, will improve the work mechanism, strengthen coordination with the Cyberspace Administration of China, the Supreme People's Court, and the Supreme People's Procuratorate, coordinate efforts, and overall guide regions to carry out risk prevention and disposal of illegal financial activities related to the tokenization of real-world assets.


  (IV) Strengthening Local Implementation. The people's governments at the provincial level are overall responsible for the prevention and disposal of risks related to virtual currencies and the tokenization of real-world assets in their respective administrative regions. The specific leading department is the local financial regulatory department, with participation from branches and dispatched institutions of the State Council's financial regulatory department, telecommunications regulators, public security, market supervision, and other departments, in coordination with cyberspace departments, courts, and procuratorates, to improve the normalization of the work mechanism, effectively connect with the relevant work mechanisms of central departments, form a cooperative and coordinated working pattern between central and local governments, effectively prevent and properly handle risks related to virtual currencies and the tokenization of real-world assets, and maintain economic and financial order and social stability.


  III. Strengthened Risk Monitoring, Prevention, and Disposal


  (5) Enhanced Risk Monitoring. The People's Bank of China, China Securities Regulatory Commission, National Development and Reform Commission, Ministry of Industry and Information Technology, Ministry of Public Security, State Administration of Foreign Exchange, Cyberspace Administration of China, and other departments continue to improve monitoring techniques and system support, enhance cross-departmental data analysis and sharing, establish sound information sharing and cross-validation mechanisms, promptly grasp the risk situation of activities related to virtual currency and real-world asset tokenization. Local governments at all levels give full play to the role of local monitoring and early warning mechanisms. Local financial regulatory authorities, together with branches and agencies of the State Council's financial regulatory authorities, as well as departments of cyberspace and public security, ensure effective connection between online monitoring, offline investigation, and fund tracking, efficiently and accurately identify activities related to virtual currency and real-world asset tokenization, promptly share risk information, improve early warning information dissemination, verification, and rapid response mechanisms.


  (6) Strengthened Oversight of Financial Institutions, Intermediaries, and Technology Service Providers. Financial institutions (including non-bank payment institutions) are prohibited from providing account opening, fund transfer, and clearing services for virtual currency-related business activities, issuing and selling financial products related to virtual currency, including virtual currency and related financial products in the scope of collateral, conducting insurance business related to virtual currency, or including virtual currency in the scope of insurance liability. Financial institutions (including non-bank payment institutions) are prohibited from providing custody, clearing, and settlement services for unauthorized real-world asset tokenization-related business and related financial products. Relevant intermediary institutions and information technology service providers are prohibited from providing intermediary, technical, or other services for unauthorized real-world asset tokenization-related businesses and related financial products.


  (7) Enhanced Management of Internet Information Content and Access. Internet enterprises are prohibited from providing online business venues, commercial displays, marketing, advertising, or paid traffic diversion services for virtual currency and real-world asset tokenization-related business activities. Upon discovering clues of illegal activities, they should promptly report to relevant departments and provide technical support and assistance for related investigations and inquiries. Based on the clues transferred by the financial regulatory authorities, the cyberspace administration, telecommunications authorities, and public security departments should promptly close and deal with websites, mobile applications (including mini-programs), and public accounts engaged in virtual currency and real-world asset tokenization-related business activities in accordance with the law.


  (8) Strengthened Entity Registration and Advertisement Management. Market supervision departments strengthen entity registration and management, and enterprise and individual business registrations must not contain terms such as "virtual currency," "virtual asset," "cryptocurrency," "crypto asset," "stablecoin," "real-world asset tokenization," or "RWA" in their names or business scopes. Market supervision departments, together with financial regulatory authorities, legally enhance the supervision of advertisements related to virtual currency and real-world asset tokenization, promptly investigating and handling relevant illegal advertisements.


  (IX) Continued Rectification of Virtual Currency Mining Activities. The National Development and Reform Commission, together with relevant departments, strictly controls virtual currency mining activities, continuously promotes the rectification of virtual currency mining activities. The people's governments of various provinces take overall responsibility for the rectification of "mining" within their respective administrative regions. In accordance with the requirements of the National Development and Reform Commission and other departments in the "Notice on the Rectification of Virtual Currency Mining Activities" (NDRC Energy-saving Building [2021] No. 1283) and the provisions of the "Guidance Catalog for Industrial Structure Adjustment (2024 Edition)," a comprehensive review, investigation, and closure of existing virtual currency mining projects are conducted, new mining projects are strictly prohibited, and mining machine production enterprises are strictly prohibited from providing mining machine sales and other services within the country.


  (X) Severe Crackdown on Related Illegal Financial Activities. Upon discovering clues to illegal financial activities related to virtual currency and the tokenization of real-world assets, local financial regulatory authorities, branches of the State Council's financial regulatory authorities, and other relevant departments promptly investigate, determine, and properly handle the issues in accordance with the law, and seriously hold the relevant entities and individuals legally responsible. Those suspected of crimes are transferred to the judicial authorities for processing according to the law.


 (XI) Severe Crackdown on Related Illegal and Criminal Activities. The Ministry of Public Security, the People's Bank of China, the State Administration for Market Regulation, the China Banking and Insurance Regulatory Commission, the China Securities Regulatory Commission, as well as judicial and procuratorial organs, in accordance with their respective responsibilities, rigorously crack down on illegal and criminal activities related to virtual currency, the tokenization of real-world assets, such as fraud, money laundering, illegal business operations, pyramid schemes, illegal fundraising, and other illegal and criminal activities carried out under the guise of virtual currency, the tokenization of real-world assets, etc.


  (XII) Strengthen Industry Self-discipline. Relevant industry associations should enhance membership management and policy advocacy, based on their own responsibilities, advocate and urge member units to resist illegal financial activities related to virtual currency and the tokenization of real-world assets. Member units that violate regulatory policies and industry self-discipline rules are to be disciplined in accordance with relevant self-regulatory management regulations. By leveraging various industry infrastructure, conduct risk monitoring related to virtual currency, the tokenization of real-world assets, and promptly transfer issue clues to relevant departments.


  IV. Strict Supervision of Domestic Entities Engaging in Overseas Business Activities


(XIII) Without the approval of relevant departments in accordance with the law and regulations, domestic entities and foreign entities controlled by them may not issue virtual currency overseas.


  (XIV) Domestic entities engaging directly or indirectly in overseas external debt-based tokenization of real-world assets, or conducting asset securitization activities abroad based on domestic ownership rights, income rights, etc. (hereinafter referred to as domestic equity), should be strictly regulated in accordance with the principles of "same business, same risk, same rules." The National Development and Reform Commission, the China Securities Regulatory Commission, the State Administration of Foreign Exchange, and other relevant departments regulate it according to their respective responsibilities. For other forms of overseas real-world asset tokenization activities based on domestic equity by domestic entities, the China Securities Regulatory Commission, together with relevant departments, supervise according to their division of responsibilities. Without the consent and filing of relevant departments, no unit or individual may engage in the above-mentioned business.


  (15) Overseas subsidiaries and branches of domestic financial institutions providing Real World Asset Tokenization-related services overseas shall do so legally and prudently. They shall have professional personnel and systems in place to effectively mitigate business risks, strictly implement customer onboarding, suitability management, anti-money laundering requirements, and incorporate them into the domestic financial institutions' compliance and risk management system. Intermediaries and information technology service providers offering Real World Asset Tokenization services abroad based on domestic equity or conducting Real World Asset Tokenization business in the form of overseas debt for domestic entities directly or indirectly venturing abroad must strictly comply with relevant laws and regulations. They should establish and improve relevant compliance and internal control systems in accordance with relevant normative requirements, strengthen business and risk control, and report the business developments to the relevant regulatory authorities for approval or filing.


  V. Strengthen Organizational Implementation


  (16) Strengthen organizational leadership and overall coordination. All departments and regions should attach great importance to the prevention of risks related to virtual currencies and Real World Asset Tokenization, strengthen organizational leadership, clarify work responsibilities, form a long-term effective working mechanism with centralized coordination, local implementation, and shared responsibilities, maintain high pressure, dynamically monitor risks, effectively prevent and mitigate risks in an orderly and efficient manner, legally protect the property security of the people, and make every effort to maintain economic and financial order and social stability.


  (17) Widely carry out publicity and education. All departments, regions, and industry associations should make full use of various media and other communication channels to disseminate information through legal and policy interpretation, analysis of typical cases, and education on investment risks, etc. They should promote the illegality and harm of virtual currencies and Real World Asset Tokenization-related businesses and their manifestations, fully alert to potential risks and hidden dangers, and enhance public awareness and identification capabilities for risk prevention.


  VI. Legal Responsibility


  (18) Engaging in illegal financial activities related to virtual currencies and Real World Asset Tokenization in violation of this notice, as well as providing services for virtual currencies and Real World Asset Tokenization-related businesses, shall be punished in accordance with relevant regulations. If it constitutes a crime, criminal liability shall be pursued according to the law. For domestic entities and individuals who knowingly or should have known that overseas entities illegally provided virtual currency or Real World Asset Tokenization-related services to domestic entities and still assisted them, relevant responsibilities shall be pursued according to the law. If it constitutes a crime, criminal liability shall be pursued according to the law.


  (19) If any unit or individual invests in virtual currencies, Real World Asset Tokens, and related financial products against public order and good customs, the relevant civil legal actions shall be invalid, and any resulting losses shall be borne by them. If there are suspicions of disrupting financial order and jeopardizing financial security, the relevant departments shall deal with them according to the law.


  This notice shall enter into force upon the date of its issuance. The People's Bank of China and ten other departments' "Notice on Further Preventing and Dealing with the Risks of Virtual Currency Trading Speculation" (Yinfa [2021] No. 237) is hereby repealed.


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