Meeting with NDRC on Negative List

2015-12-15 | Beijing

Ms. Sara Marchetta, Vice President thanked DDG Song and commented on the Opinions on the Implementation of the Negative List System for Market Access released by the State Council in October this year. She asked DDG Song to clarify the relations and the time table to release the two negative lists in China. DDG Song stated that the negative list of market access is the administrative measure applicable to both domestic and foreign investors, all types of market players. Domestic investors are supposed to abide by the requirements of the negative list of market access while foreign investors are subject to both the negative list of foreign investment and the negative list of market access in accordance with the principle of national treatment. As for the time table, DDG Song said that the draft is underway. The content and the time table of negative lists also depend on the ongoing BIT negotiation between China and the US, and the CAI negotiation between China and the EU. The negative list of market access will be officially launched on January 1, 2018.

Ms. Marchetta also asked a question about the intensified emphasis on national security review in laws and draft laws and the potential impact on foreign investors in terms of market access. DDG Song responded that the national security review is separated from the negative lists. He would like to have a case study if there is any, so that the authorities can see what has happened, what has caused barriers for FIEs and what can be improved. The meeting was concluded with an agreement of more communications and dialogues between the Chamber and the NDRC.