FTZ’s offshore investment policy and MOFCOM’s new measures

By David Yu and Kevin Huang, Llinks Law Offices

Since the State Council officially approved the Overall Plan for the China (Shanghai) Pilot Free Trade Zone (FTZ) on 27 September 2013, a number of innovative policies for offshore investment have been published for the Shanghai Free Trade Zone. These include the Measures Governing the Filing of Offshore Investment Projects in the China (Shanghai) Pilot Free Trade Zone and the Measures Governing the Filing of Offshore Investment by Enterprises in the China (Shanghai) Pilot Free Trade Zone (collectively, FTZ measures).

A photo of 俞卫锋 David Yu who is a 通力律师事务所 合伙人 Partner Llinks Law Offices
David Yu
Llinks Law Offices

As a result, regulations relating to offshore investment at a national level are being updated. After the National Development and Reform Commission (NDRC) promulgated the Measures Governing the Approval and Filing of Offshore Investment on 8 April 2014, the Ministry of Commerce (MOFCOM) published the new Measures Governing Offshore Investment (new measures) on 6 September, which have substantially revised the previous relevant rules.

The new measures are consistent with the FTZ measures in many ways, and are better in some respects. In the context of the new measures, does offshore investment by enterprises in the FTZ still offer more advantages than offshore investment made outside the zone?

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