National Development and Reform Commission and Ministry of Commerce, Special Administrative Measures for Foreign Investment Access in Pilot Free Trade Zones (Negative List) (2018 Edition)

国家发展和改革委员会、商务部自由贸易试验区外商投资准入特别管理措施 (负面清单) (2018年版)

September 08, 2018 | BY

Susan Mok

The 2018 version of the FTZ Negative List greatly relaxes market access

Clp Reference: 2300/18.06.30 Promulgated: 2018-06-30 Effective: 2018-07-30

Promulgated: June 30, 2018

Effective: July 30, 2018

Main contents: The 2018 version of the Negative List greatly relaxes market access. In terms of length, the List has been reduced from 63 items to 48, and it rolls out relaxation measures in a total of 22 sectors:

(1) It abolishes the requirement that the Chinese party have a controlling interest in the selective breeding of, and the production of seeds for, new crop varieties other than wheat and corn.

(2) It abolishes the requirement that the Chinese party have a controlling interest in the exploration for, and mining of, special and rare varieties of coal.

(3) It abolishes the restriction on entry by foreign investors in the exploration for, and mining of, graphite.

(4) It abolishes the restriction that limits the smelting and separation of rare earths to equity and cooperative joint ventures, and abolishes the restriction on entry by foreign investors in the smelting of tungsten.

(5) In 2018, it abolishes the restriction on the shareholding percentage of foreign investors in the manufacture of assembled special purpose vehicles and alternative energy vehicles; in 2020, it will abolish the restriction on the shareholding percentage of foreign investors in commercial vehicles; and in 2022, it will abolish the restriction on the shareholding percentage of foreign investors in passenger vehicles and on there not being more than two foreign investors involved in an equity joint venture.

(6) It abolishes the requirement that the Chinese party have a controlling interest in the design, building and repair of vessels (including sections).

(7) It abolishes the requirement that the Chinese party have a controlling interest in the design, manufacture, maintenance and repair of trunk line aircraft and regional aircraft, the design and manufacture of 3 tonne class and above helicopters, the manufacturing of ground effect and water surface effect aircraft and the design and manufacturing of unmanned aerial vehicles and aerostats.

(8) It abolishes the restriction that limits the design, manufacture, maintenance and repair of general aviation aircraft to equity and cooperative joint ventures.

(9) The manufacture of weapons and ammunition is not included on the Negative List.

(10) It abolishes the requirement that the Chinese party have a controlling interest in the construction and operation of power grids.

(11) It abolishes the requirement that the Chinese party have a controlling interest in the construction and operation of trunk railway networks.

(12) It abolishes the requirement that the Chinese party have a controlling interest in rail passenger transport companies.

(13) It abolishes the restriction that limits international marine transport companies to equity and cooperative joint ventures.

(14) It abolishes the requirement that the Chinese party have a controlling interest in international shipping agencies.

(15) It abolishes the restriction on the entry of foreign investors in the purchasing and wholesale of rice, wheat and corn.

(16) It abolishes the requirement that the Chinese party have a controlling interest in the construction and operation of gas station chains in which a single foreign investor establishes more than 30 stations that sell different types and brands of refined oil products sourced from multiple suppliers.

(17) It abolishes the restrictions that a single foreign investor may not hold more than 20% of the shares in a Chinese bank and that the total shareholdings of the foreign investors may not exceed 25%.

(18) In 2018, it changes controlling interest by the Chinese party in securities companies and securities investment fund management companies to the shareholding percentage of the foreign investors not to exceed 51%; and in 2021, it will abolish the restriction on the shareholding percentage of foreign investors.

(19) In 2018, it changes controlling interest by the Chinese party in futures companies to the shareholding percentage of the foreign investors not to exceed 51%; and in 2021, it will abolish the restriction on the shareholding percentage of foreign investors.

(20) In 2018, it increases the shareholding percentage of the foreign investors in life insurance companies from 50% to 51%; and in 2021, it will abolish the restriction on the shareholding percentage of foreign investors.

(21) It abolishes the requirement that the Chinese party have a controlling interest in surveying and mapping companies.

(22) It abolishes the provision prohibiting foreign investment in locations offering Internet access services.

See full translation

clp reference: 2300/18.06.30 promulgated: 2018-06-30 effective: 2018-07-30

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