Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 13 SEPTEMBER 2018

China's Government Issues New Negative List For Foreign Investment

Cooley LLP
Explore more from Cooley LLP

On 28 June, 2018, the NDRC and the Ministry of Commerce of the People's Republic of China jointly issued the Special Administrative Measures on Access to Foreign Investment (the "Negative List") (2018 Version).

ChinaGovernment, Public Sector
Joyce Wang
Joyce Wang
Mario Yang
Mario Yang
Henry Yin
Henry Yin
Author LinkedIn connections

On 28 June, 2018, the National Development and Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM) of the People's Republic of China (PRC) jointly issued the Special Administrative Measures on Access to Foreign Investment (the "Negative List") (2018 Version). Effective on July 28, 2018, the Negative List supersedes the Foreign Investment Industry Guidance Catalogue (2017 Version) (the "2017 Catalogue").

Background

The first Foreign Investment Industry Guidance Catalogue (the "Catalogue") was promulgated by the NDRC and the MOFCOM on June 20, 1995. Since its first promulgation, the Catalogue has gone through eight revisions. Under the 2017 Catalogue, industrial sectors are divided into three categories: "Encouraged", "Restricted" and "Prohibited". Foreign investors are incentivized to invest in the Encouraged sectors and are banned from investing in the Prohibited sectors. Foreign investors are allowed to invest in the Restricted sectors, subject to

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

See more popular content from

Article

In-Depth Analysis Of State Council Order No. 841: Who Will Be Affected By The New Exit And Entry Administration Rules?

China's new exit and entry regulations introduce significant changes affecting technical personnel, individuals with cross-border assets, public officials, and intermediary service providers. The provisions strengthen authenticity reviews, connect technology export controls with travel restrictions, and establish a comprehensive framework for managing cross-border movement while balancing national security with legitimate international activities.
ChinaGovernment, Public Sector
Han Kun Law Offices
Han Kun Law Offices
Article

Bipartisan Senate Bill Would Prevent “Offshoring Biotech Industry To Communist China”

Senators Pete Ricketts and Elissa Slotkin have introduced bipartisan legislation that would subject American investments in adversary biotechnology to federal review requirements. The Biotech Investment National Security Act would amend the COINS Act to include pharmaceutical and biological product development in the list of sectors requiring Treasury Department screening for outbound investments to countries of concern, particularly China.
ChinaGovernment, Public Sector
Bergeson & Campbell
Bergeson & Campbell
Article

China Links Export Controls To Exit Bans: What State Council Order No. 841 Means For Multinational Companies

China's new immigration regulation introduces a significant provision allowing exit bans on Chinese citizens who violate export control or technology transfer rules that may endanger national, industrial, or technological security. This development creates potential complications for multinational companies operating in technology-intensive industries, as Chinese employees, engineers, researchers, or executives could be barred from departing China without prior notice, affecting cross-border mobility, joint
ChinaGovernment, Public Sector
Greenberg Traurig
Greenberg Traurig