SECURITIES

Commercial Presence in China

General Commitments 

  • Representative offices of foreign securities institutions may become Special Members of all Chinese stock exchanges.
  • China has agreed to issue licenses solely on the basis of prudential criteria, without any   economic needs test or quantitative limits on licenses.
Fund Management
  • Foreign securities institutions may establish joint ventures, with a maximum foreign investment of 33 percent, to conduct domestic securities investment fund management business. By December 11, 2004, foreign investment may be increased to 49 percent. 
Underwriting and Trading
  • By December 11, 2004, foreign securities institutions may establish joint ventures, with a maximum foreign investment of 33 percent, to engage in (without a Chinese intermediary) the underwriting of A shares, the underwriting and trading of B and H shares and government and corporate debts, and the launching of new funds.
Presence of Natural Persons in China
  • Managers, executives, and specialists of a representative office, branch, or subsidiary in China, temporarily moving as intra-corporate transferees, will be permitted an initial stay of three years.
  • Managers, executives, and specialists of foreign-invested enterprises in China will be granted a long-term stay permit as stipulated in the terms of contracts concerned or an initial stay of three years, whichever is shorter.
  • Service salespersons who are not based in China, and who meet certain other conditions set out in China’s services schedule, are limited to a 90-day stay.
Cross-Border Supply of Services

Fund Management

  • China reserves the right to place market access restrictions on the cross border supply of fund management services.
Underwriting and Trading
  • Foreign securities institutions may engage directly (i.e., without a Chinese intermediary) in the underwriting and trading of B shares. 
Consumption of Services Abroad
  • The provision of securities services outside of China is not subject to market access restrictions and is accorded national treatment
Acquired Rights of Foreign Service Suppliers
  • The conditions of ownership, operation, and scope of activities for an existing foreign service supplier, as set out in the supplier’s contract or shareholders’ agreement or in a  license establishing or authorizing the supplier’s operation or supply of services, will not be made more restrictive than they were on December 11, 2001.

December 2001
Department of Commerce
International Trade Administration
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