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Enquiry: What is meant by the term “negative list” when used with regard to overseas investment in China’s Free Trade Zones?

Photo: Enquiry: What is meant by the term “negative list” when used with regard to overseas investment in China’s Free Trade Zones?
Photo: Enquiry: What is meant by the term “negative list” when used with regard to overseas investment in China’s Free Trade Zones?
In this instance, the term “negative list” refers to those sectors within a designated Free Trade Zone where overseas investors do not qualify for the same privileges as a domestic investor, while also indicating the special administrative measures that do apply in the case of any such investment. In any investment areas not specified on the negative list, however, domestic investors and foreign investors are entitled to exactly the same privileges with regard to investment access. They are also subject to the same investment administrative procedures.

Full details of this are provided in the Special Administrative Measures (Negative List) for Foreign Investment Access in the Pilot Free Trade Zones as published by the General Office of the State Council. The 2017 edition of the list came into effect on 10 July this year and applies to all of the 11 pilot free trade zones currently operational, including Shanghai, Guangdong, Tianjin and Fujian.

Note: With regard to any special administrative measures relating to national security, public order, public culture, financial prudence, government procurement, subsidies, special procedures, non-profit organisations and taxation not set out in the negative list, they should be implemented in accordance with the existing regulations. Additionally, any overseas investment in a Pilot Free Trade Zone that has possible implications for national security must be reviewed in accordance with the Trial Measures for the National Security Review of Foreign Investment in Pilot Free Trade Zones.

For further details, please refer to the following link:

2017 Edition of FTZ FDI Negative List Cut Back to 95 Categories

Content provided by Picture: HKTDC Research
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