Special Administrative Measures for Foreign Investment Access in Pilot Free Trade Zones (Negative List)

Guo Ban Fa [2015] No.23

(Issued by the General Office of the State Council on April 8 2015 and effective 30 days after the date of issuance.)

Remarks

1. The Special Administrative Measures for Foreign Investment Access in Pilot Free Trade Zones (Negative List) (the PFTZ Negative List) have been formulated in accordance with current relevant laws and regulations, approved by the State Council and are hereby issued. The PFTZ Negative List sets out the special administrative measures governing access for foreign investment that do not comply with the principle of national treatment and other such principles, and is applicable to the four pilot free trade zones located in Shanghai, Guangdong, Tianjin and Fujian (the PFTZs).

2. The PFTZ Negative List is divided into 15 categories, 50 items and 122 special administrative measures based on the Industrial Classification for National Economic Activities (GB/T4754-2011). Special administrative measures include specific industry measures and measures on standards that apply to all industries.

3. Special administrative measures not covered in the PFTZ Negative List and relating to national security, public order, public culture, financial prudence, government procurement, subsidies, special procedures and taxation shall be handled in accordance with current provisions. Where a foreign investment in a PFTZ has a bearing on national security, a security review must be conducted in accordance with the Trial Measures for the National Security Review of Foreign Investments in Pilot Free Trade Zones.

4. For sectors not covered in the PFTZ Negative List, administration shall be exercised in the PFTZs in accordance with the principle of equal treatment of domestic and foreign investors. The people's government at the provincial level of the place where a PFTZ is located shall issue implementing guidelines and duly carry out the guidance work.

5. Investments in the PFTZs by investors from the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan will be handled with reference to the PFTZ Negative List. Where provisions in the Closer Economic Partnership Arrangement between mainland China and the Hong Kong Special Administrative Region or Macao Special Administrative Region and the supplements thereto, the Economic Cooperation Framework Agreement or a free trade agreement entered into by China applies to the PFTZs and offers more favourable liberalisation measures to qualified investors, matters shall be handled in accordance with the provisions of the relevant agreement.

6. The PFTZ Negative List shall be effective 30 days after the date of issuance and will be revised as appropriate.

Special Administrative Measures for Foreign Investment Access in Pilot Free Trade Zones (Negative List)

Guo Ban Fa [2015] No.23

(Issued by the General Office of the State Council on April 8 2015 and effective 30 days after the date of issuance.)

Remarks

1. The Special Administrative Measures for Foreign Investment Access in Pilot Free Trade Zones (Negative List) (the PFTZ Negative List) have been formulated in accordance with current relevant laws and regulations, approved by the State Council and are hereby issued. The PFTZ Negative List sets out the special administrative measures governing access for foreign investment that do not comply with the principle of national treatment and other such principles, and is applicable to the four pilot free trade zones located in Shanghai, Guangdong, Tianjin and Fujian (the PFTZs).

2. The PFTZ Negative List is divided into 15 categories, 50 items and 122 special administrative measures based on the Industrial Classification for National Economic Activities (GB/T4754-2011). Special administrative measures include specific industry measures and measures on standards that apply to all industries.

3. Special administrative measures not covered in the PFTZ Negative List and relating to national security, public order, public culture, financial prudence, government procurement, subsidies, special procedures and taxation shall be handled in accordance with current provisions. Where a foreign investment in a PFTZ has a bearing on national security, a security review must be conducted in accordance with the Trial Measures for the National Security Review of Foreign Investments in Pilot Free Trade Zones.

4. For sectors not covered in the PFTZ Negative List, administration shall be exercised in the PFTZs in accordance with the principle of equal treatment of domestic and foreign investors. The people's government at the provincial level of the place where a PFTZ is located shall issue implementing guidelines and duly carry out the guidance work.

5. Investments in the PFTZs by investors from the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan will be handled with reference to the PFTZ Negative List. Where provisions in the Closer Economic Partnership Arrangement between mainland China and the Hong Kong Special Administrative Region or Macao Special Administrative Region and the supplements thereto, the Economic Cooperation Framework Agreement or a free trade agreement entered into by China applies to the PFTZs and offers more favourable liberalisation measures to qualified investors, matters shall be handled in accordance with the provisions of the relevant agreement.

6. The PFTZ Negative List shall be effective 30 days after the date of issuance and will be revised as appropriate.

Special Administrative Measures for Foreign Investment Access in Pilot Free Trade Zones (Negative List)