July 31 2019

China Updates Negative Lists for Foreign Investment

The National Development and Reform Commission and the Ministry of Commerce released three documents on June 30, 2019, effective from July 30, 2019. The three documents are the Special Administrative Measures (Negative List) for the Access of Foreign Investment (2019), the Special Administrative Measures (Negative List) for the Access of Foreign Investment in Pilot Free Trade Zones (2019), and the Catalogue of Industries Encouraging Foreign Investment (2019).

After the latest revisions, the two negative lists, one for the piloted FTZs and one for the rest of the country, contain fewer access-limiting measures. Pilot FTZs now have 37 listed items for foreign investors, down from 45, while non-FTZ areas are required to implement 40 items instead of 48. There are three prominent changes. The service sector will see greater opening-up; market access restrictions will be eased in agriculture, mining and manufacturing industries; pilot FTZs will continue to play experimental roles in reform and opening-up.

There are three significant changes to the Catalogue of Industries Encouraging Foreign Investment, including substantially increasing more areas where foreign investments are encouraged, encouraging foreign investors to push for high-quality development of China's manufacturing sector, and encouraging foreign investment in production-based service companies.