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Q:
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What are sensitive countries and regions?
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A:
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According to the Measures for the Administration of Overseas Investment of Enterprises issued by the NDRC of the PRC, sensitive countries and regions include:
those countries and regions that have not established diplomatic ties with the PRC;
countries and regions where war an civil strife occur;
countries and regions restricted for investment in accordance with the international treaties and agreements concluded or acceded to by the PRC;
other sensitive countries and regions.
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Q:
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What are sensitive industries?
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A:
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According to the Measures for the Administration of Overseas Investment of Enterprises issued by the NDRC of the PRC, sensitive industries include:
development, production and maintenance of weapons and equipment;
development and utilization of cross-border water resources;
news media;
industries restricted in accordance with the laws and regulations of the PRC.
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Q:
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What kinds of Chinese ODI projects are prohibited?
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A:
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The prohibited ODI include:
ODI involving the export of core technologies and products of military industries without state approval.
ODI involving the use of technologies, techniques and products that prohibited from export by China.
Gambling industry, pornography industry and etc.
ODI prohibited by international treaties concluded or acceded to by China.
Others that endanger or may jeopardize the interests and security of the state.
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Q:
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What kinds of Chinese ODI projects are restricted?
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A:
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The restricted ODI include:
ODI in sensitive countries and regions that have no diplomatic relations with China, that are subject to war or that shall be restricted by the provisions of bilateral and multilateral treaties or agreements concluded by China.
ODI in in real estate, hotels, movie studios, entertainment, sports clubs and etc.
Setting up offshore equity investment funds or investment platforms without specific underlying industrial projects.
ODI involving the use of backward production equipment that does not meet the technical standards of the destination country.
ODI that does not meet the environmental protection and energy consumption safety standards of the destination country.
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Q:
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Are there any exceptions for ODI involving real estate?
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A:
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The following six types of ODI activities are excluded from the restricted real estate investment:
Investment into property management and real estate agency businesses.
Construction or acquisition of properties for self-use, including office premises and employee dormitories.
Investment for industrial infrastructures construction and development, such as industrial parks, science and technology parks and logistics parks.
Investment by construction enterprises in exchange of a minority stake in projects with the purpose of obtaining construction contracts for such projects.
Uncompleted projects that have been approved by the development and reform commission or have been notified for record filing in accordance with the law.
Investment not involving of domestic assets or interests or provision of onshore financing or guarantee. The entire capital is raised from overseas.
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