Understanding the Negative List Regime in the New Foreign Investment Law Era
April 24, 2020 | BY
Susan MokBao Zhi, Yibei Zhang, Grace Tso and Scott Silverman of Baker McKenzie and FenXun Partners discuss the workings of the Negative List regime and other administrative measures that impact market access for foreign investments in the light of China's push to provide foreign investors with a fairer and more transparent foreign investment environment
The new legal framework grants foreign investors pre-entry national treatment (i.e. equal treatment with domestic investors at the investment access stage) subject to the Negative List …
When the PRC Foreign Investment Law (中华人民共和国外商投资法) (FIL) and the Implementing Regulations for the PRC Foreign Investment Law (中华人民共和国外商投资法实施条例) (Implementing Regulations) came into effect on Jan. 1, 2020, China's foreign investment legal framework entered into a new era.
The new legal framework grants foreign investors pre-entry national treatment (i.e. equal treatment with domestic investors at the investment access stage) subject to the Negative List, which refers to both the Special Administrative Measures for Foreign Investment Access (Negative List) (2019 Edition) (外商投资准入特别管理措施 (负面清单) (2019年版)), applicable nationwide and promulgated on June 28, 2019 and the Special Administrative Measures for Foreign Investment Access in Pilot Free Trade Zones (Negative List) (2019 Edition) (自由贸易试验区外商投资准入特别管理措施 (负面清单) (2019年版)) applicable to free trade zones and promulgated on June 30, 2019.
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