Hainan Free Trade Port Cross-border Service Trade Negative List Management Measures (Trial Implementation)

In order to ensure the smooth implementation of the Special Management Measures for Cross-border Trade in Services in Hainan Free Trade Port (Negative List) (hereinafter referred to as the Hainan Cross-border Trade in Services Negative List), this Measures are formulated in accordance with the Hainan Free Trade Port Law of the People's Republic of China, the Hainan Free Trade Port Construction Overall Plan and relevant laws and regulations, adhering to the concepts of internationalization, rule of law, institutional innovation and bottom-line thinking.

Chapter I General Provisions

Article 1 Cross-border trade in services as referred to in these Measures refers to the commercial activities of overseas service providers providing services to market entities and individuals in Hainan Free Trade Port in a cross-border manner.

These Measures apply to the management and opening of cross-border trade in services in Hainan Free Trade Port, and the geographical scope is the entire island of Hainan.

Article 2 The Hainan Cross-border Trade in Services Negative List uniformly lists special management measures for overseas service providers to provide services in a cross-border manner in terms of national treatment, market access, local presence, and cross-border financial trade. In accordance with the Hainan Cross-border Trade in Services Negative List announced by the State, Hainan Free Trade Port will benchmark against international high-standard economic and trade rules and build a cross-border trade in services management system that matches it, with clear rights and responsibilities, fairness and justice, transparency and efficiency, and legal protection.

Chapter II Management of Lists
Article 3 Foreign service providers shall not provide services prohibited in the "Hainan Cross-border Trade in Services Negative List" in a cross-border manner, and relevant departments shall strictly prohibit access; the provision of non-prohibited services in the "Hainan Cross-border Trade in Services Negative List" in a cross-border manner shall be managed by relevant departments in accordance with relevant regulations.
All relevant departments should continue to promote the reform of cross-border trade in services facilitation in accordance with the principle of "procedure simplification, process optimization, streamlining and convenience, and controllable risks".

Article 4 Areas outside the "Hainan Cross-border Trade in Services Negative List" shall be managed in the Hainan Free Trade Port in accordance with the principle of equal treatment of domestic and foreign services and service providers. Measures related to national security, public order, financial prudence, social services, human genetic resources, humanities and social sciences research and development, new cultural formats, aviation business rights, immigration and employment measures, and government functions that are not listed in the "Hainan Cross-border Trade in Services Negative List" shall be implemented in accordance with current regulations.

In terms of government funding arrangements, tax and fee reductions, qualification licenses, standard setting, project declaration, etc., domestic and foreign service providers should be treated equally in accordance with the law.

When drafting local regulations and normative documents related to overseas service providers, various forms should be adopted to listen to the opinions and suggestions of overseas service providers and relevant chambers of commerce and associations.

The formulated mandatory standards shall be equally applicable to domestic and foreign service providers, and technical requirements higher than the mandatory standards shall not be applied specifically to overseas service providers.

Article 5 In terms of notification, qualification requirements, technical standards, transparency, and regulatory consistency, provincial regulations that affect the freedom and convenience of trade in services shall be regulated.

Implement a fund payment and transfer system that matches cross-border trade in services to improve the level of settlement facilitation for cross-border trade in services.

Increase the punishment of intellectual property infringement, continue to strengthen intellectual property law enforcement, promote the establishment of a rapid and coordinated intellectual property protection mechanism, improve the diversified dispute resolution mechanism for intellectual property rights, and equally protect the intellectual property rights of domestic and foreign service providers.

Administrative agencies (including organizations authorized by laws and regulations to manage public affairs) have the responsibility to protect the trade secrets of overseas service providers and shall not force or covertly force overseas service providers to transfer technology.

Article 6 Actively promote the opening up of cross-border trade in services, and make timely suggestions to the state for the special management measures listed in the "Hainan Cross-border Trade in Services Negative List" based on practical situations.

For the pilot opening areas of cross-border trade in services, the competent departments of various industries in the province shall formulate detailed implementation measures, strengthen system integration and innovation, and optimize the management mechanism; relevant departments shall establish corresponding reform measures in terms of capital flow, cross-border information, and personnel flow. Increase the publicity of the "Hainan Cross-border Trade in Services Negative List" and actively attract overseas service providers to provide relevant services to the Hainan Free Trade Port across borders.

Article 7 The competent departments of various industries shall be responsible for organizing and promoting the prevention and mitigation of major risks in the implementation of the "Hainan Cross-border Trade in Services Negative List"; establish risk prevention and control mechanisms for open areas and key links, do a good job in risk monitoring, analysis and early warning in the opening process, and prevent security risks in data, information, funds, personnel, etc. All relevant regulatory departments shall cooperate.

Article 8 The provincial commerce department shall, together with the tourism, science and technology, statistics, entry and exit, foreign exchange and other management departments, improve the statistical analysis system of cross-border trade in services, explore the establishment of a statistical system of three modes: cross-border delivery, overseas consumption, and natural person movement, conduct data statistics regularly, and refine the operation monitoring of the open areas. The relevant provincial industry departments shall strengthen the collection and sharing of cross-border trade in services data.

Article 9 Scientifically evaluate the implementation of the "Hainan Cross-border Trade in Services Negative List" by organizing third-party evaluations and other means, and improve the management system of the cross-border trade in services negative list.

Chapter 3 Management Responsibilities
Article 10 The Provincial Service Trade Innovation and Development Joint Conference shall coordinate the expansion of cross-border trade in services and supervision during and after the event.
The provincial commerce department shall take the lead in the implementation and management of the "Hainan Cross-border Trade in Services Negative List", improve the cross-border trade in services statistical analysis system, and monitor the operation.

The provincial industry departments are responsible for formulating implementation measures for the open areas of cross-border trade in services in their respective industries, gradually improving the management measures for cross-border trade in services in their respective industries, and performing their regulatory duties for cross-border trade in services in accordance with the law. Tourism, finance, customs, taxation, entry and exit, communications, foreign exchange and other management departments should cooperate with relevant departments to implement the specific management measures in the field of cross-border trade in services.

The provincial commerce department, the legal affairs department of the Standing Committee of the Provincial People's Congress and the provincial judicial administration department are responsible for the adjustment of laws and regulations related to the implementation of the "Hainan Cross-border Trade in Services Negative List".

Article 11 Give full play to the role of the Provincial Service Trade Innovation and Development Joint Conference, establish a cross-departmental data sharing, information notification and work linkage mechanism, and strengthen the implementation management of the "Hainan Cross-border Trade in Services Negative List" and the coordination and linkage of cross-border trade in services related work.

The provincial industry departments should strengthen communication and docking with the relevant central industry departments, do a good job in the implementation, risk prevention and control, statistical monitoring and other work of the "Hainan Cross-border Trade in Services Negative List", and report the implementation status regularly.

Encourage and support the establishment of a coordinated promotion pattern in the field of cross-border trade in services, with market entities taking the lead, associations cooperating and government departments promoting, and comprehensively enhance the competitiveness of cross-border trade in services under the conditions of the opening of Hainan Free Trade Port.

Chapter 4 Supplementary Provisions
Article 12 After the implementation of this Measures, the "Hainan Cross-border Service Trade Negative List" shall be adjusted in a timely manner in accordance with the relevant provisions and procedures for the adjustment of current laws and regulations. If the state formulates new measures in the field of cross-border service trade, they shall be implemented in accordance with more preferential and open measures. If there are more preferential arrangements for cross-border service trade with foreign service providers in Hong Kong, Macao and Taiwan, and if the international treaties and agreements concluded or participated in by my country have more preferential provisions for cross-border service trade for foreign service providers, they shall be implemented in accordance with the corresponding provisions.
Article 13 This Measures shall come into force on August 26, 2021, and the provincial commerce department shall be responsible for interpretation.