On 26 July 2021, the Ministry of Commerce issued the “Special Administrative Measures for Cross-border Trade in Services in Hainan Free Trade Port (Negative List) (2021 Edition)” (海南自由贸易港跨境服务贸易特别管理措施(负面清单)(2021年版)), specifying 70 special administrative measures in 11 categories. To ensure the implementation of the Negative List, the Department of Commerce of Hainan Province released the “Administrative Measures for the Negative List for Cross-border Trade in Services in Hainan Free Trade Port (for Trial Implementation) (hereinafter the “Measures”, 海南自由贸易港跨境服务贸易负面清单管理办法(试行)) on 17 Aug. 2021, to gather public opinions until 24 Aug. 2021.
The Measures applies to the administration and opening-up of cross-border trade in services within the Hainan Free Trade Port, with the geographical scope covering the Hainan Island. “Cross-border trade in services” in the Measures refers to the commercial activities of overseas service providers providing services to market players and individuals within Hainan Free Trade Port in a cross-border manner. According to the Measures, overseas service providers shall not provide any of the services on the Negative List in a cross-border manner, and all relevant authorities shall strictly prohibit access to such services. For fields outside the Negative List, Hainan Free Trade Port shall implement administration pursuant to the principle of equal treatment for domestic and foreign services and service providers.
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