China Releases Hainan Negative List of Cross-border Trade in Services
The Ministry of Commerce of the PRC released the Special Administrative Measures for Cross-border Trade in Services (Negative List) (2021 version) at Hainan Free Trade Port on its official website on 26 July 2021, which will take effect from 26 August 2021.
The Negative List of Hainan cross-border trade in services specifies 70 special administrative measures targeted at overseas service providers who provide services through cross-border trade (including the mode of cross-border supply, consumption abroad and movement of natural persons) under 11 categories. Domestic and overseas service providers will enjoy the same treatment and equal market access to sectors outside the Negative List.
The Negative List of Hainan cross-border trade in services represents the highest level of opening-up in cross-border trade in service in China’s mainland currently. The opening-up level in some sectors even goes beyond China’s WTO accession commitments. The following commitments are quite eye-catching:
- Allow representative offices of overseas law firms in Hainan to engage in some non-litigation legal affairs related to Hainan commercial affairs.
- Allow law firms in Hainan to employ foreign lawyers as foreign legal advisers or employ lawyers from Hong Kong and Macao as legal advisers.
- Allow overseas service providers to conduct market research after obtaining foreign-related investigation license.
- Allow overseas individuals to open securities accounts or futures accounts.
- Allow overseas individuals to apply for securities investment consulting qualification and futures investment consulting qualification.
- Overseas ship inspection institutions may directly send personnel or employees to provide ship inspection services in Hainan without establishing a legal entity in Hainan.
- Overseas customs declaration institutions may directly provide customs declaration services in Hainan without establishing a legal entity in Hainan.
- Remove the restrictions on overseas service providers engaging in aviation weather services.
- Remove the restrictions on overseas individuals participating in qualification examinations for certified urban and rural planners, certified metrologists, certified survey and design engineers, certified fire engineers, asset appraisers, veterinarians and etc.
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