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Special Administrative Measures for Foreign Investment Access in Pilot Free Trade Zones (Negative List)
自由贸易试验区外商投资准入特别管理措施（负面清单）
Unified FTZ negative list reduces the number of items to 122 as compared to 139 items on the 2014 Shanghai FTZ negative list.
Guo Ban Fa [2015] No.23
国办发〔2015〕23号
(Issued by the General Office of the State Council on April 8 2015 and effective 30 days after the date of issuance.)
(国务院办公厅于二零一五年四月八日印发，自印发之日起30日后实施。)
Remarks
说明
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).
一、《自由贸易试验区外商投资准入特别管理措施（负面清单）》（以下简称《自贸试验区负面清单》）依据现行有关法律法规制定，已经国务院批准，现予以发布。负面清单列明了不符合国民待遇等原则的外商投资准入特别管理措施，适用于上海、广东、天津、福建四个自由贸易试验区（以下统称自贸试验区）。
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.
二、《自贸试验区负面清单》依据《国民经济行业分类》（GB/T4754—2011）划分为15个门类、50个条目、122项特别管理措施。其中特别管理措施包括具体行业措施和适用于所有行业的水平措施。
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.
三、《自贸试验区负面清单》中未列出的与国家安全、公共秩序、公共文化、金融审慎、政府采购、补贴、特殊手续和税收相关的特别管理措施，按照现行规定执行。自贸试验区内的外商投资涉及国家安全的，须按照《自由贸易试验区外商投资国家安全审查试行办法》进行安全审查。
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.
四、《自贸试验区负面清单》之外的领域，在自贸试验区内按照内外资一致原则实施管理，并由所在地省级人民政府发布实施指南，做好相关引导工作。
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.
五、香港特别行政区、澳门特别行政区、台湾地区投资者在自贸试验区内投资参照《自贸试验区负面清单》执行。内地与香港特别行政区、澳门特别行政区关于建立更紧密经贸关系的安排及其补充协议，《海峡两岸经济合作框架协议》，我国签署的自贸协定中适用于自贸试验区并对符合条件的投资者有更优惠的开放措施的，按照相关协议或协定的规定执行。
6. The PFTZ Negative List shall be effective 30 days after the date of issuance and will be revised as appropriate.
六、《自贸试验区负面清单》自印发之日起30日后实施，并适时调整。
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.
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