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ARTICLE · 27 NOVEMBER 2017

China's Outbound Investment Regulation Update

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The Opinion indicates that the Chinese government will facilitate "competent and qualified" domestic enterprises to steadily implement ODI.

ChinaGovernment, Public Sector
Jack Yu
Jack Yu
Edward Guo
Edward Guo
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On August 18, 2017, the General Office of China's State Council published Opinions on Further Guiding and Regulating Outbound Investment (the "Opinion"). The Opinion was jointly issued by the National Development and Reform Commission (NDRC), the Ministry of Commerce (MOFCOM), the People's Bank of China, and the Ministry of Foreign Affairs.

Main Provisions

The Opinions is the first official document from the Chinese government specifying that outbound investment made by Chinese investors shall be guided and regulated on the basis of "encouraging development and a negative list". The Opinion classifies outbound direct investments into three categories: encouraged, restricted, and prohibited investments, each subject to different regulatory measures, respectively.

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