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Clifford Chance

Clifford Chance


An Overview of the Latest Changes to China's 2014 Industry Catalogue for Foreign Investment

31 December 2014

On 4 November 2014, the National Development and Reform Commission
(NDRC) and the Ministry of Commerce (MOFCOM) jointly issued the Catalogue
for the Guidance of Foreign Investment Industries (Consultation Draft) (2014
Consultation Draft). The consultation period ended on 3 December 2014. If
the 2014 Consultation Draft were to be eventually promulgated without further
amendment, it will be the primary source of guidance for a foreign investor to
ascertain whether its potential investment in an industry in China is possible,
and if so, what level of government approval is required and whether any
restriction applies, such as limitation on the percentage of foreign shareholding.
Similar to the past versions of the Catalogue, the 2014 Consultation Draft lists a
number of industries and classifies them according to whether foreign
investment is encouraged, restricted or prohibited. An industry which is not
expressly listed is deemed to be one in which foreign investment is permitted.

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