the PRC should combine three negative lists concerning services trade

context: Against foreign and domestic downsides, Beijing eyes services trade as a key driver of the economy. Setting sights on long-term growth, it views the sector as a ‘multiplier’: services exports support goods trade and value-added jobs in the slowing labour market, imports help bring in tech know-how and market discipline. But challenges remain, not least broader socio-economic barriers impeding reforms and geopolitical headwinds.

Peng Delei 彭德雷 East China University of Science and Technology Law School dean shares his insights on services trade

  • background
    • PRC services trade institutional opening is guided by three lists
      • market access negative list
        • applies to both domestic and foreign firms
        • reduced from 117 items in 2022 to 106 in 2025
      • foreign investment market access negative list
        • specifies restricted or prohibited sectors for foreign investors
        • initiated in 2013 in the Shanghai pilot free trade zone FTZ under a new framework
          • foreign investors receive national treatment in the market access stage
          • negative list approach, only sectors explicitly listed are restricted, all others are open with national treatment
            • reduced from 31 items in 2021 to 29 in 2024
        • national rollout in 2019
      • cross-border service trade negative list
        • manages foreign participation in cross-border service provision
        • 71 items nationally, 68 in pilot zones
        • gradual opening in sectors such as finance, healthcare and internet services
  • the PRC should explore integrating the market access and foreign investment negative lists into a unified list for all foreign market entities
    • eliminate regulatory inconsistencies in scope, standards and procedures
    • expected outcomes
      • streamlined approval and consultation processes via a single service window to avoid repeated consultations with different departments
        • reduced compliance and transaction costs for foreign firms
        • this would align with international standards such as WTO, CPTPP and DEPA
    • policy approach
      • leverage the advantages of FTZs like Shanghai and Hainan as testing grounds
      • test 'two-list integration' in key services sectors like finance, telecom, internet and biomedicine
      • develop internationally aligned regulatory frameworks under controlled conditions
      • shorten and simplify the negative lists 
      • establish an 'update mechanism' to align the lists with market trends and national security needs
      • build cross-departmental regulatory coordination and digital service platforms to minimise overlap and gaps
  • further reduce items on the cross-border services trade negative list
    • the list covers cross-border supply, consumption abroad and movement of natural persons
    • scope and regulatory structure distinct from domestic investment lists
    • future policy direction
      • further reduce and refine the list
        • recent example
          • efforts in the Shanghai Eastern Hub Business Cooperation Zone allowing 30-day stays for foreign professionals
      • expanding openness in key service sectors like finance, healthcare, education and culture
      • allowing more quality services to enter the PRC market
      • benchmark against WTO, CPTPP and DEPTA rules and standards
  • explore a model integrating the above three lists
    • consolidate all three negative lists into a unified framework
      • cover domestic and foreign investment as well as cross-border services with consistent rules
      • expected benefits
        • increased transparency and predictability and reduced transaction costs for firms