Research and analysis

China looks to fundamentally change how it handles foreign investment

Published 6 February 2015

1. Summary

China calls for comments on its Draft Foreign Investment Law. A number of the proposals could amount to a real improvement in the business environment for foreign firms.. The key question is which sectors will be liberalised for foreign investment, which may be linked to ongoing US-China and EU-China investment agreement negotiations.

2. Detail

2.1 What is it?

The draft law is the latest initiative in China바카라 사이트™s economic reform efforts. The proposals would represent a major step towards levelling the playing field for foreign business. For example it would roll out the negative list (being trialled in the Shanghai Free Trade Zone) nationwide; and level the playing field between foreign and domestic investments (바카라 사이트śnational treatment바카라 사이트ť).

There is no specific time table for the final implementation of the new Law, but by 2017 seems an informal deadline.

2.2 What are we doing?

The EU is submitting Member States바카라 사이트™ comments to the Chinese. We have written to the EU setting out the UK바카라 사이트™s views. Chambers, business and colleagues have been updated, consulted and priorities fed into the the Chinese system. Priority areas where the UK wishes China to relax its investment restrictions are education, legal services, accounting and audit, financial services and healthcare provision where foreign investment remains severely restricted.

3. Comment

Key business opinion formers are hopeful that the proposals would make it easier to do business, removing a layer of local government approvals.

The move to a) pre-establishment of national treatment and b) a negative list is welcome. It is for the Chinese to put them in place quickly and make the list of restrictions short,but they may want to link them to negotiations on bilateral Investment Treaties with the US and the EU.

The proposed law is in line with Chinese efforts to improve the business environment spelled out very clearly at the 3rd Plenum. It would also be a significant step in pursuit of the aim Li Keqiang has described as the transformation of the role of government 바카라 사이트“ shifting from a culture where 바카라 사이트śyou can바카라 사이트™t do it unless it says you can바카라 사이트ť to one where 바카라 사이트śyou can do it unless it says you can바카라 사이트™t바카라 사이트ť.

4. Disclaimer

The purpose of the FCO Country Update(s) for Business (바카라 사이트ťthe Report바카라 사이트ť) prepared by UK Trade & Investment (UKTI) is to provide information and related comment to help recipients form their own judgments about making business decisions as to whether to invest or operate in a particular country. The Report바카라 사이트™s contents were believed (at the time that the Report was prepared) to be reliable, but no representations or warranties, express or implied, are made or given by UKTI or its parent Departments (the Foreign and Commonwealth Office (FCO) and the Department for Business, Innovation and Skills (BIS)) as to the accuracy of the Report, its completeness or its suitability for any purpose. In particular, none of the Report바카라 사이트™s contents should be construed as advice or solicitation to purchase or sell securities, commodities or any other form of financial instrument. No liability is accepted by UKTI, the FCO or BIS for any loss or damage (whether consequential or otherwise) which may arise out of or in connection with the Report.