Investment Policy Monitor
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UNCTAD has been collecting information on changes in national foreign direct investment (FDI) policies on an annual basis since 1992. This collection has provided input to the analysis of global and regional investment policy trends in the World Investment Report, the quarterly Investment Policy Monitor (since 2009) and the UNCTAD-OECD Reports on G20 Measures.
In 2011, to further strengthen the quality of reporting, UNCTAD revised the methodology of monitoring investment policy measures. and revised the measures going back to 2000 accordingly.
The Investment Policy Monitor provides the international investment community with country-specific, up-to-date information about the latest developments in foreign investment policies.
Through its monitoring of investment policy changes, UNCTAD offers cutting-edge and innovative contributions to investment policy discourse, and contributes to preparing the ground for future policymaking in the interest of making foreign investment work for growth and development.
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Note: the policy measures are identified through a systematic review of government and business intelligence sources. Measures are verified, to the fullest extent possible, by referencing government sources. The compilation of measures is not exhaustive.
Disclaimer: the boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.
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China
Measures on National Security Review of Foreign Investment
19 Dec 2020On December 19, 2020, China's National Development and Reform Commission and Ministry of Commerce jointly issued the Measures on Security Review of Foreign Investment. The Measures will take effect on 18 January 2021. Broadly speaking, the Measures mandate pre-closing filings, and authorize the "Foreign Investment Security Review Working Mechanism" to review certain foreign investments in various "covered sectors". The Measures provide that the review requirements apply to foreign investments in the following sectors: - investments in "military, military support and other sectors related to national defense and security," as well as investments in proximity to military facilities and military industrial facilities; - investments in the sectors below that would result in foreign investors obtaining “actual control” over the domestic enterprises they invest in: important agricultural products; important energy and resources; major equipment manufacturing; important infrastructures; important transportation services; important cultural products and services; important information technology and Internet/online products and services; important financial services, critical technologies; and other important sectors/areas. Additionally, the term "actual control" is defined to include any of the following circumstances: - foreign investor(s) holds more than 50% of the equity interests in an enterprise; - foreign investor(s) holds less than 50% of the equity interests in an enterprise, but its voting rights may exert significant influence on the resolutions of the board or the shareholders' meeting; and - other circumstances that enable foreign investor(s) to exert significant influence on the decision-making of the enterprise with regard to "business operations, personnel, finance and technology." For covered investments, foreign investors or relevant stakeholders in China are required to file for the security review and wait for the result of review prior to implementing their investments.
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Type:
- Entry and establishment (Approval and admission)
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Industry:
- Primary (Agriculture, forestry and fishing, Mining and quarrying)
- Manufacturing (Manufacture of coke and refined petroleum products, Manufacture of machinery and equipment n.e.c., Manufacture of transport equipment)
- Services (Electricity, gas, steam and air conditioning supply, Transportation and storage, Telecommunications, Financial and insurance activities, Arts, entertainment and recreation)
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Sources:
- JD Supra, China Publishes New Rules on National Security Review of Foreign Investment, https://www.jdsupra.com/legalnews/china-publishes-new-rules-on-national-23076/, 23 Dec 2020
- Lexology, China Issues Measures on National Security Review of Foreign Investment, https://www.lexology.com/library/detail.aspx?g=fe0d4559-bc89-49c8-b3d5-236ae6cc3fce, 22 Dec 2020
- Reuters, China issues national security rules on foreign investment, https://www.reuters.com/article/china-investment/china-issues-national-security-rules-on-foreign-investment-idUSKBN28T0FQ, 19 Dec 2020
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UNCTAD has been collecting information on changes in national foreign direct investment (FDI) policies on an annual basis since 1992. This collection has provided input to the analysis of global and regional investment policy trends in the World Investment Report, the quarterly Investment Policy Monitor (since 2009) and the UNCTAD-OECD Reports on G20 Measures.
In 2011, to further strengthen the quality of reporting, UNCTAD revised the methodology of monitoring investment policy measures. and revised the measures going back to 2000 accordingly.
The Investment Policy Monitor provides the international investment community with country-specific, up-to-date information about the latest developments in foreign investment policies.
Through its monitoring of investment policy changes, UNCTAD offers cutting-edge and innovative contributions to investment policy discourse, and contributes to preparing the ground for future policymaking in the interest of making foreign investment work for growth and development.
-
Note: the policy measures are identified through a systematic review of government and business intelligence sources. Measures are verified, to the fullest extent possible, by referencing government sources. The compilation of measures is not exhaustive.
Disclaimer: the boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.
Share




