Sector: All Sectors
Obligations Concerned: Article 3.3 (National Treatment)
Level of Government: Central
Measures:
Regulation of the People's Republic of China on the Administration of Foreign Exchange (2008), Articles 16 and 23; Notice of the State Administration of Foreign Exchange on Reforming and Regulating Policies on the Administration of Foreign Exchange Settlement of Capital Accounts (2016).
Description:
A foreign investor making an investment within the territory of China shall complete a foreign exchange registration in accordance with the relevant provisions, and shall comply with foreign exchange provisions, including provisions on account opening, funds transfer and settlement, receipt and payment and cross-border securities investment quota, etc.
Entry 9 - All Sectors
Sector: All Sectors
Obligations Concerned: Article 3.3 (National Treatment)
Level of Government: Central
Measures:
Law of the People's Republic of China on Sole Proprietorship Enterprises (1999), Article 47;
Law of the People's Republic of China on Specialised Cooperatives of Farmers (2017), Articles 2, 3, 4 and 19; Regulation on Promoting the Development of Individual Business Entities (2022), Article 2;
Special Administrative Measures for Market Access of Foreign Investment (Negative List) (2021 Edition), Paragraph 4 of the Notes.
Description:
1. Foreign investors may not carry out business operations in China in the forms of Individual Business Entities or Sole Proprietorship enterprises, or as members of specialised cooperatives of farmers.
2. Foreign-funded partnership enterprises may not be established in industries, areas or businesses which are subject to the requirement of "foreign investors may not invest", "Chinese control", ârelative Chinese control", or "may invest only in the form of a joint venture", or in industries, areas or businesses which are subject to certain proportion of foreign investment requirements, as included in the Schedule of China in List A and List B.
Entry 10 - All Sectors
Sector: All Sectors
Obligations Concerned: Article 3.3 (National Treatment)
Level of Government:Central
Measures:
Regulation for the Implementation of Foreign Investment Law (2019), Article 34.
Description:
The relevant authorities in the course of performing their duties according to law, shall not grant the licence, enterprise registration, or any other relevant matters if a foreign investor proposes to invest in sectors covered by the Negative List but not in compliance with the requirements listed in the Negative List; nor the project approval for an investment in fixed assets should be issued (1).
List B. RESERVATIONS FOR FUTURE MEASURES. SCHEDULE OF CHINA
Explanatory Notes
1. List B sets out, pursuant to Article 3.14 (Non-Conforming Measures), the specific sectors, subsectors, or activities for which China may maintain existing, or adopt new or more restrictive, measures that do not conform with some or all of the obligations imposed by:
(a) Article 3.3 (National Treatment);
(b) Article 3.4 (Most-Favoured-Nation Treatment);
(c) Article 3.9 (Performance Requirements); or
(d) Article 3.10 (Senior Management and Boards of Directors). 2. Each Entry in List B sets out the following elements:
(a) Sector refers to the sector for which the Entry is made;
(b) Obligations Concerned specifies the obligation referred to in paragraph 1 for which a reservation is taken;
(c) Description sets out the scope of the sectors, sub-sectors or activities covered by the Entry.
3. In accordance with paragraph 2 of Article 3.14(Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an Entry do not apply to the sectors, sub-sectors or activities identified in the Description element of that Entry.
4. For the purposes of List B, "foreign investor" means any investor of the other Party or a non-Party. 5. List B only applies to non-services investments by foreign investors, does not apply to any investments by foreign investors in services. Any aspects of such an entry which relate to investment in service are subject to the Chapter II (Trade in Service) only.
Entry 1 – Atomic Energy
Sector: Atomic Energy
Obligations Concerned:
Article 3.3 (National Treatment)
Article 3.4 (Most-Favoured-Nation Treatment)
Article 3.9 (Performance Requirements)
Article 3.10 (Senior Management and Boards of Directors)
Description: China reserves the right to adopt or maintain any measure with respect to the storage, transportation and reprocessing of spent fuels, decommissioning of nuclear facilities and disposal of radioactive wastes, as well as nuclear import.
Entry 2 – Ethnic Minorities
Sector: Ethnic Minorities (1)
Obligations Concerned:
Article 3.3 (National Treatment)
Article 3.4 (Most-Favoured-National Treatment)
Article 3.9 (Performance Requirements)
Article 3.10 (Senior Management and Boards of Directors)
Description: China reserves the right to adopt or maintain any measure that grants rights or preferences to areas inhabited by people of ethnic minorities with a view to balancing economic development and maintaining social justice.
Entry 3 – Chinese Traditional Medicine
Sector: Chinese Traditional Medicine
Obligations Concerned:
Article 3.3 (National Treatment)
Article 3.4 (Most-Favoured-Nation Treatment)
Article 3.9 (Performance Requirements)
Article 3.10 (Senior Management and Boards of Directors)
Description: China reserves the right to adopt or maintain any measure with respect to the application of processing techniques of Chinese medicinal decoction pieces including steaming, plain stir-baking,stir-baking with adjuvant, calcining and the manufacture of confidential prescription products of Chinese patent medicine.
Entry 4 – Protection of Cultural Heritage
Sector: Protection of Cultural Heritage
Obligations Concerned:
Article 3.3 (National Treatment)
Article 3.9 (Performance Requirements)
Article 3.10 (Senior Management and Board of Directors)
Description: China reserves the right to adopt or maintain any measure with respect to the protection, repair and restoration of cultural relics and intangible cultural heritage, including the investigation, exploration, excavation, transfer, offering as collateral, pledging, lease, exploitation and utilization of such cultural relics and intangible cultural heritage.
Entry 5 – Protection of Biological Resources
Sector: Protection of Biological Resources
Obligations Concerned:
Article 3.3 (National Treatment)
Article 3.9 (Performance Requirements)
Description: China reserves the right to require approval of the research and development activities conducted by the foreign investment enterprises utilising the biological resources (1) (including human, animals, plants, and microorganism resources) which are originated from and protected by China. China may also require the aforesaid enterprises to conduct such activities in the form of cooperation with Chinese organisations and to share the benefits generated from the research and development, as well as the following application and commercialisation.
Existing Measures
- Wild Animals Protection Law (Amended in 2022), Articles 21, 22, 25, 26, 28, 29, 30, 31, 33, 34, 37, 38, 39, 40, 42, 43, 48, 49, 50, 51, 52, 53, 55, 56, 57, 58 and 60;
- Animal Husbandry Law (Amended in 2022), Articles 12, 13, 15, 16, 17, 79 and 80;
- Grassland Law (Amended in 2013), Articles 44 and 49;
- Seed Law (Amended in 2021), Articles 8, 9, 10, 11, 80 and 81;
- Fisheries Law (2013), Articles 8 and 46;
- Regulation on Wild Plants Protection (Amended in 2017), Articles 9,16, 18, 20, 21 and 27;
- Regulation on the Administration of Human Genetic Resources (2019), Articles 7, 21, 22 and 24;
- Biosecurity Law (2021), Articles 58 and 59;
- Regulation on the Administration of the Import and Export of Endangered Wild Fauna and Flora (2019 Revision), Articles 6 and 7.
Entry 6– Radio and Television
Sector: Radio and Television
Obligations Concerned:
Article 3.3 (National Treatment)
Article 3.4 (Most-Favoured-Nation Treatment)
Article 3.9 (Performance Requirements)
Article 3.10 (Senior Management and Board of Directors)
Description: China reserves the right to adopt or maintain any measure with respect to the manufacture of ground reception facilities for satellite television and broadcast and key components thereof, and the installation services for ground receiving facilities of satellite television broadcasts.
Entry 7 – Non-Government Organisations
Sector: All sectors
Obligations Concerned:
Article 3.3 (National Treatment)
Article 3.4 (Most-Favoured-Nation Treatment)
Article 3.9 (Performance Requirements)
Article 3.10 (Senior Management and Board of Directors)
Description: China reserves the right to adopt or maintain any measure with respect to non-government organisations (including but not limited to social service institutions, associations, foundations, foreign non-government organisations and other civil social organisations and groups and their representative institutions).
Entry 8 – Land
Sector: Land
Obligations Concerned:
Article 3.3 (National Treatment)
Article 3.4 (Most-Favoured-Nation Treatment)
Article 3.9 (Performance Requirements)
Article 3.10 (Senior Management and Boards of Directors)
Description: China reserves the right to adopt or maintain any measure with respect to land.
Entry 9 – All Sectors
Sector: All Sectors
Obligations Concerned:
Article 3.3 (National Treatment)
Article 3.4 (Most-Favoured-Nation Treatment)
Article 3.9 (Performance Requirements)
Article 3.10 (Senior Management and Board of Directors)
Description: China reserves the right to adopt or maintain any measure with respect to the evaluation, transfer and disposition of state-owned assets. For the purpose of this Entry, state-owned assets refer to the rights and interests by virtue of all forms of investments directly or indirectly made by the State in an enterprise. For greater certainty, this Entry does not apply to the evaluation, transfer and disposition of assets which are no longer state-owned assets after being transacted.
Entry 10 – All Sectors
Sector: All Sectors
Obligations Concerned:
Article 3.3 (National Treatment)
Article 3.4 (Most-Favoured-Nation Treatment)
Article 3.9 (Performance Requirements)
Article 3.10 (Senior Management and Board of Directors)
Description: China reserves the right to adopt or maintain any measure with respect to any special arrangement or favourable treatment for any investor from Hong Kong Special Administration Region, Macao Special Administration Region and Chinese Taipei as well as for any investment by such investors.
Entry 11 – Government-granted Monopoly
Sector: Government-granted Monopoly
Obligations Concerned: Article 3.3 (National Treatment)
Description: China reserves the right to adopt or maintain any measure with respect to the purchase, sale, storage and rotation etc. of China’s central grain (oil) reserves that are subject to government- authorised operation.
Entry 12 – All Sectors
Sector: All Sectors
Obligations Concerned:
Article 3.3 (National Treatment)