As the first negative list for cross-border trade in services in China, the Negative List for Cross-border Trade in Services in Hainan Free Trade Port (hereinafter “the Negative List", 海南自由贸易港跨境服务贸易负面清单) sets out the special administrative measures for foreign service providers to provide services in a cross-border manner in terms of national treatment, market access, local presence, and cross-border financial trade. To ensure the smooth implementation of the Negative List, the General Office of the People's Government of Hainan Province released on 27 Aug. 2021 the “Administrative Measures for the Negative List for Cross-border Trade in Services in Hainan Free Trade Port (for Trial Implementation) (hereinafter “the Administrative Measures”,海南自由贸易港跨境服务贸易负面清单管理办法(试行)), which entered into force on 26 Aug. 2021.
The Administrative Measures provides for the in-list administration and the off-list administration. The in-list administration requires that foreign service providers shall not provide cross-border services prohibited by the Negative List in a cross-border manner and the relevant authorities shall strictly prohibit access to such services. The off-list administration mainly applies to the fields not included in the Negative List, over which the competent authorities shall implement administration within the Hainan Free Trade Port under the principle of equal treatment for domestic and overseas services and service providers. The relevant measures, which are not listed in the Negative List and related to national security, public order, financial prudence, social services, human genetic resources, research and development in humanities and social sciences, new cultural business formats, aviation business rights, immigration, employment and performance of government functions, shall be implemented in accordance with the current provisions. Domestic and foreign service providers shall be treated equally in accordance with law in terms of government funding arrangement, tax reduction and exemption, qualification licensing, formulation of standards and project application.
Cover Photo by Eriksson Luo (https://unsplash.com/@newdawn) on Unsplash
Contributors: CJO Staff Contributors Team
