China: Implementation of 2021 edition of Special Administrative Measures (Negative List) for Foreign Investment Access

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Description

Implementation of 2021 edition of Special Administrative Measures (Negative List) for Foreign Investment Access

On 1 January 2022, the State Council of China implemented 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, it limits foreign investment in telecommunications services to 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 centre services. Also, additional foreign investment in internet news, information, video, audio, and cultural (with the exception of music) services that are not covered by China's WTO accession, is prohibited.

Original source

Scope

Policy Area
Foreign direct investment
Policy Instrument
MNE: Entry and ownership rule
Regulated Economic Activity
cross-cutting
Implementation Level
national
Government Branch
executive
Government Body
central government

Complete timeline of this policy change

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2021-12-27
adopted

On 27 December 2021, the State Council of China has adopted the 2021 edition of the Special Adminis…

2022-01-01
in force

On 1 January 2022, the State Council of China implemented the 2021 edition of the Special Administr…

Key regulatory dimensions

Regulated subjects

The businesses, government agencies or individuals affected by this policy or regulatory change.
producer / supplier
1
Type Private organisation
Economic activity cross-cutting
Category Location-specific

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.
all goods (physical or digital): sale
Regulatory tool
Foreign investment screening
Sanctions
Regulated subjects
1

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.

all goods (physical or digital): sale