Special Management Measures for Foreign Investment Access in the Free Trade Zone (Negative List) (2018 edition)

1. Special Management Measures for Foreign Investment Access in the Free Trade Zone (Negative List) (hereinafter referred to as the “Negative List of the Pilot Free Trade Zone”), which outlines special management measures for foreign investment access, such as equity requirements and executive requirements. Applicable to the free trade pilot zone. The areas other than the “Negative List of Pilot Free Trade Zones” are managed in accordance with the principle of domestic and foreign investment.

2. The “Negative List of the Pilot Free Trade Zone” lists the transition period for canceling or relaxing the access restrictions for some areas. After the transition period expires, the access restrictions will be cancelled or relaxed on time.

3. Foreign investors shall not engage in foreign investment business activities as individual industrial and commercial households, individual proprietorship enterprise investors, and farmers’ professional cooperative members.

4. Foreign investors are not allowed to invest in areas where foreign investment is prohibited in the “Negative List of Pilot Free Trade Zones”; investment in the non-proscribed investment field within the “Negative List of Pilot Free Trade Zones” requires foreign investment permission; Foreign investment partnerships may not be established in the required fields.

5. If a domestic company, enterprise or natural person has a domestic company that is legally established or controlled by a company that is legally established or controlled abroad, involving foreign investment projects and establishment and alteration of the enterprise, it shall be handled in accordance with the current regulations.

6. The cultural, financial and other fields not listed in the “Negative List of the Pilot Free Trade Zone” and related measures such as administrative examination and approval, qualification conditions, and national security shall be implemented in accordance with the current regulations.

7. “Mainland and Hong Kong Closer Economic Partnership Arrangement” and its follow-up agreements, “Mainland and Macao Closer Economic Partnership Arrangement” and its follow-up agreements, “Framework Agreement on Cross-Strait Economic Cooperation” and its follow-up agreements. If the free trade zone agreement and investment agreement signed between China and the relevant countries and the international treaties to which China participates have more favorable opening measures for eligible investors, follow the relevant agreements or agreements.The regulations are enforced.

8. The Negative List of the Pilot Free Trade Zone shall be interpreted by the Development and Reform Commission and the Ministry of Commerce in conjunction with relevant departments.