On 29 September 2013, the Shanghai municipal government issued the Administrative Measures for the Filing of Outbound Investment Projects and the Administrative Measures for the Filing of the Outbound Investment in, and Establishment of, Enterprises for the China (Shanghai) Pilot Free Trade Zone (FTZ). More recently, the National Development and Reform Commission (NDRC) issued the Administrative Measures for the Approval and Filing of Outbound Investment Projects and the Ministry of Commerce (MOFCOM) issued the Administrative Measures for Outbound Investment (Amended) (Draft for Comment), manifesting the newest policy direction of government authorities in respect to outbound investment.
However, when the Shanghai FTZ measures for the filing of projects and the establishment of enterprises were issued, the 2004 version of the Interim Administrative Measures for the Approval of Outbound Investment Projects and the 2009 version of the Administrative Measures for Outbound Investment were applicable. What impact will the recently issued NDRC measures and MOFCOM draft for comment have on the current relevant regulations of the FTZ?
The NDRC measures
While facilitating to a certain extent the filing of outbound investment projects in the FTZ, the issuance of the NDRC measures also give rise to some new issues.
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David Yu is a partner and Teddy Li is an attorney at Llinks Law Offices.
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