The national version and the free trade pilot zone version of the cross-border service trade negative list are released——
Providing new opportunities for global trade in services (Rui Finance)
Reporter Qiu Haifeng
Recently, the Ministry of Commerce issued the "Special Management Measures for Cross-border Services Trade (Negative List)" (2024 Edition) and the "Special Management Measures for Cross-Border Services Trade in Pilot Free Trade Zones (Negative List)" (2024 Edition). Effective from the 21st. The person in charge of the Department of Trade in Services and the Department of Port Affairs of the Free Trade Zone of the Ministry of Commerce said that the implementation of the national version and the free trade pilot zone version of the cross-border service trade negative list marks the first time that a negative list management model for cross-border service trade has been established nationwide, forming a A gradient opening system for cross-border service trade. This is a major reform of my country's service trade management system and a major measure for my country to expand high-level opening up to the outside world. It fully demonstrates China's determination and direction to deepen reform and expand opening up, and will also provide new opportunities for global innovation and cooperation in the opening up of trade in services. .
Connect with international high-standard economic and trade rules
In the WTO's General Agreement on Trade in Services, international services trade is divided into four modes: cross-border delivery, overseas consumption, commercial presence and movement of natural persons. Commercial existence is based on the service trade provided by the establishment of foreign investment institutions, and the other three modes are collectively referred to as cross-border service trade.
Data show that in the past decade, international trade in services has developed rapidly. The average annual growth rate of global cross-border trade in services is 1.5 times the growth rate of trade in goods during the same period, and its proportion in global trade has increased to 22%. With the rapid breakthroughs in digital technology and the in-depth development of digital transformation in various fields, the potential of cross-border service trade will be further stimulated and become an important engine for global trade growth. The scale of China's services trade ranks among the top in the world, and the market potential is huge.
Since 2013, China has continuously improved the level of investment liberalization by formulating, publishing and continuously reducing the "Negative List for Foreign Investment Access", fully implementing the pre-admission national treatment plus negative list management system for foreign investment. In terms of cross-border trade in services, market access and national treatment are mainly granted to other contracting parties or participants based on the commitments made in the concluded international treaties or agreements, and most of these commitments are made in the form of a positive list.
The person in charge of the Department of Trade in Services and the Department of Free Trade Zone Ports of the Ministry of Commerce said that currently, the negative list model has become a major way for international high-standard free trade agreements to make open arrangements in the field of cross-border service trade. The two versions of the lists released this time are to proactively adopt the negative list model to uniformly manage market access for cross-border service trade, laying the foundation for better alignment with international high-standard economic and trade rules in the next step.
Improve the transparency of cross-border service trade management
What are the main contents of the two lists?
According to the above-mentioned person in charge, the negative list for cross-border trade in services is classified by national economic industry and uniformly lists special management measures for overseas service providers to provide services in a cross-border manner (through cross-border delivery, overseas consumption, and movement of natural persons). The national version and the free trade pilot zone version of the cross-border service trade negative list both involve agriculture, forestry, animal husbandry and fishery, construction industry, wholesale and retail industry, transportation, warehousing and postal industry, information transmission, software and information technology service industry, and financial industry. , leasing and business services, scientific research and technical services, education, health and social work, culture, sports and entertainment and other 11 categories. Among them, there are 71 national negative lists for cross-border services trade and 68 free trade zone negative lists.
The first national version of the list released this time mainly collects and lists the access measures that were scattered in various specific fields in the past in a "one list". At the same time, it clarifies that areas outside the list are divided into domestic and overseas services and The implementation of management based on the principle of consistent treatment of service providers has realized the transformation of service trade management from positive list commitments to negative list management, effectively improving the transparency and predictability of cross-border service trade management.
At the same time, in combination with actual development and opening-up needs, further opening-up arrangements will be made in the free trade pilot zone for natural persons’ professional qualifications, professional services, finance, culture and other fields. For example, the list has adopted a more open talent policy, removing restrictions on overseas individuals taking six professional qualification examinations including registered urban and rural planners, real estate appraisers, auctioneers, registered survey and design engineers, veterinarians, and registered supervision engineers; allowing qualified Overseas individuals apply to open securities accounts and futures accounts in accordance with the law, allowing overseas individuals to apply for securities investment consulting and futures trading consulting services; the list cancels restrictions on business entities established outside China and overseas individuals engaged in customs declaration business; the list relaxes the restrictions on Chinese and foreign individuals The restriction on the ratio of Chinese personnel among the main creative staff of co-produced TV series will be relaxed from the original no less than 1/3 to no less than 1/4.
Timely summary and evaluation implementation status
In July 2021, the Ministry of Commerce issued the "Special Management Measures for Cross-Border Services Trade in Hainan Free Trade Port (Negative List) (2021 Edition)". As China’s first negative list in cross-border services trade, how is the implementation of the Hainan version of the list?
According to reports, the current implementation of the list in Hainan is generally good, and actual opening-up results have been achieved in many fields such as finance, transportation, legal services, and natural person professional qualifications. In the financial field, foreigners can already open securities accounts in Hainan to participate in transactions, and securities companies have hired foreign securities analysts to carry out securities transaction consulting services. In the field of transportation, many yachts from overseas can freely enter and exit Hainan ports, and it is no longer mandatory to apply for pilotage from my country’s pilotage agency. In the field of legal services, Hainan law firms have hired foreign lawyers as foreign legal consultants to provide foreign legal consulting services. In the field of professional qualifications for natural persons, overseas individuals have applied to take qualification examinations such as practicing veterinarians.
The implementation of the Hainan version of the list has effectively promoted the rapid growth of Hainan's service trade scale. According to Hainan statistics, Hainan Province's service import and export increased by 29.6% year-on-year in 2023, laying a practical foundation for the implementation of a negative list management system for cross-border service trade in the free trade pilot zone and nationwide.
The Ministry of Commerce stated that it will work with various departments and localities to effectively implement the national version and the free trade pilot zone version of the cross-border service trade negative list, promptly summarize and evaluate the implementation status, and insist on promoting high-quality development through high-level openness. (People's Daily Overseas Edition Reporter: Qiu Haifeng)