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On 27 December 2021, the State Council of China has adopted the 2021 edition of the Special Administrative Measures (Negative List) for Foreign Investment Access (the 2021 Negative List). In relation to the digital economy, the 2021 Negative List sees no substantial changes compared with the 2020 Negative List. Specifically, foreign investment in telecommunications services is limited to those services opened up as part of China's succession to the WTO. Furthermore, it caps the foreign share in value-added communications services at 50%, with the exception of e-commerce, domestic conferencing, store-and-forward and call center services. Also, additional foreign investment in internet news, information, video, audio, and cultural (with the exception of music) services not covered by China's WTO accession is prohibited. The 2021 Negative List enters into force on 1 January 2022.
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