TABLE OF CONTENT
INTRODUCTION.................................................................................................... - 2 BACKGROUND ..................................................................................................... - 3 MAJOR TASKS AND MEASURES ............................................................................ - 5 1) Accelerate the functional transformation of government ..................................... - 5 Deepened reform in administration system ........................................................ - 5 2) Opening up of investment sectors .................................................................... - 5 Opening up of service sectors ........................................................................... - 5 Explore the "Negative List" administrative approach ........................................... - 6 Set up a system to support outbound investment............................................... - 6 3) Promote the transformation of trade development approach................................ - 6 Promote the transformation and upgrading of trade ........................................... - 6 Elevate the capacity of the shipping service ....................................................... - 7 4) Deepen innovation and opening up of financial services ..................................... - 8 Accelerate the innovation of the financial system ............................................... - 8 Enhance the financial service function .............................................................. - 8 5) Improve regulatory supporting systems ............................................................ - 8 Strengthen protection through regulatory system enhancements ......................... - 8 FUNCTIONS OF SHANGHAI FREE TRADE ZONE ..................................................... - 9 Basic Functions ............................................................................................... - 10 Innovative Functions ........................................................................................ - 10 FEATURES OF SHANGHAI FREE TRADE ZONE ..................................................... - 10 BENEFITS OVER OTHER ZONES.......................................................................... - 11 Financial benefit .............................................................................................. - 11 Customs benefit ............................................................................................... - 11 Administrative benefit....................................................................................... - 12 Competitive regulatory and tax environment ....................................................... - 12 IMPACTS ON CHINESE ECONOMY ....................................................................... - 12 FINANCE......................................................................................................... - 12 COMMERCE AND TRADING.............................................................................. - 13 REGIONAL ECONOMIC .................................................................................... - 14 FUTURE DEVELOPMENT OF SHANGHAI FREE TRADE ZONE ................................ - 15 Expand financial service functions..................................................................... - 15 Expand functions of headquarter economy ......................................................... - 15 Expand trade service functions.......................................................................... - 15 Expand shipping service functions..................................................................... - 16 CONCLUSION ..................................................................................................... - 17 REFERENCES:.................................................................................................... - 18 -
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INTRODUCTION
A traditional Free Trade Zone is an area within which goods may be landed,
handled, manufactured or reconfigured, and re-exported without the intervention
of the customs authorities. Free-trade zones are organized around major seaports,
international airports, and national frontiersareas with many geographic
advantages for trade.
The concept of free trade zones in China is not new. In the 1980s, a number of
Special Economic Zones (SEZ), the most famous of which was Shenzhen, which
allowed foreign companies the freedom to invest and build factories, kick -starting
the nations rapid growth. Such reforms eventually spread throughout the entire
nation, turning China into the workshop of the world and helping China to become
the 2nd largest economy in the world.
Shanghai Free-Trade Zone (Shanghai FTZ) is the first free trade area in mainland
China launched on September 29, 2013 by Chinese Premier Li Keqiang. Official
name of Shanghai FTZ is China (Shanghai) Pilot Free -Trade Zone (CSPFTZ), the
zone covers an area of 29 km2, integrating four existing bonded zones
Waigaoqiao Free Trade Zone, Waigaoqiao Free Trade Logistics Park, Yangshan Free
Trade Port Area and Pudong Airport Comprehensive Free Trade Zone.
The new zone is being seen as the most important attempt at reform since
Communist leader Deng Xiaoping, the architect of China's transformation to a
market economy, designated Shenzhen on the border with Hong Kong a special
economic zone in 1980. The establishment of the Shanghai free -trade zone is a
significant move for China to conform to new trends in the global economy and
trade.
Focusing on the strategic requirement of serving China from global
perspective and the strategic mission of construction of four centers in shanghai,
the construction of Shanghai Pilot Free-Trade Zone is to actively explore innovative
management model of government in trade and investment in China, open service
industry wider to the rest of the world. China (Shanghai) Pilot Free -Trade Zone will
be progressively developed into a zone featured with investment and trade
facilitation up to international standards, free conversion of currencies,
convenience and efficiency, and internationally recognized legal environment.
Hence, it will be prompted to be a pilot zone for implementation of new rules for
international investment, a spearheading zone for trade in services innovation, a
cluster zone for offshore industrial system, a precursor zone for overseas
investment services, an antecedence zone for improved supervision and a
demonstration zone for innovative government administration.
The establishment of China (Shanghai) Pilot Free Trade Zone is a significant
measure taken by the Party Central Committee to promote reform and opening-up
under the new situation and undertakes a major task to explore new ways and
accumulate new experience for deepening of reform and opening up in an allround way.
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BACKGROUND
With its economic growth rate falling and its labor costs climbing, China was no
longer able to rely on exports alone to support its economic growth. Considering its
economy flagged by excess production capacity and high energy consumption, the
country needed a way to deepen its financial reform and transform its economic
structure.
December 2003
Siwei Cheng, former National Peoples Congress Vice Chairman, proposed that
China is ready to set up a reform pilot for the transformation of bonded zones
into free trade zones. The selected date of the reform pilot was to be declared
soon. .
March-end 2013
Keqiang Li, Premier of the State Council, during his research trip to Shanghais
Waigaoqiao Bonded Zone encouraged the city to establish a pilot free trade zone on
the basis of the existing comprehensive bonded zone.
14 May 2013
June 2013
Having been revised and improved, the General Plan for China (Shanghai) Pilot
Free Trade Zone (the Plan) is submitted for approval to the Ministries and
Commissions under the State Council.
July 2013
The State Council executive meeting approved the General Plan (the Plan) in
principle.
In the fifth round of China-US Strategic and Economic Dialogue, China State
Councilor Yang Jiechi and US Secretary of State John Kerry agreed to take
measures to deepen bilateral trade and investment relations, as well as to
establish an open environment for trade and investment.
22 August 2013
The Press Office of the Ministry of Commerce announced that the State Council
has approved the establishment of the FTZ, and that the Plan would be published
after the completion of relevant legal procedures.
27 September 2013
The State Council published the Plan on its official website in its release of Guofa
[2013] No. 38.
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29 September 2013
November 2013
The 3rd plenum of the 18th CPC Central Committee proposed to relax its
restrictions on admittance of foreign investment and to speed up FTZs
development.
2 December 2013
The PBOC released: Opinions of the Peoples Bank of China to Support FTZ in
Financial Sector.
6 January 2014
The Chinese Central Governments Official Web Portal published Decision of the
State Council on Temporary Adjustments to the Administrative Approval Items or
Special Administrative Measures on Access Prescribed in Relevant Administrative
Regulations or State Councils Documents in FTZ.
20 February 2014
The PBOC Shanghai Head Office issued Circular of the Peoples Bank of China
Shanghai Head Office on Supporting the Expansion of RMB Cross-border Business
in FTZ (see Appendix IV); and Circular of the Peoples Bank of China Shanghai
Head Office on the opinion of Shanghai payment institutions conducting Crossborder RMB payment business.
25 February 2014
The PBOC Shanghai Head Office issued Circular of the PBOC on removing the
ceiling of interest rate for small-denomination deposits in foreign currencies in FTZ.
28 February 2014
5 March 2014
In the Shanghai group discussion of the second session of the 12th National
Peoples Congress, President Xi Jinping stressed the construction of FTZ as a
national strategy and asked the nation to construct bravely, try boldly, reform
freely adhering to the international rules. And, thereafter, summarized the
experiences gained on constructing FTZ, which can be promoted nationwide.
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be enlarged and opened (for a detailed list please refer to the appendix), and
market access restrictions such as requirements concerning the qualification of
investors, limitations on foreign participation, restrictions concerning business
scope, etc., (except in respect of banks, information and communication services)
will be suspended or cancelled, in order to create an environment of equal market
access for the benefit of all investors.
Explore the "Negative List" administrative approach
The China (Shanghai) Pilot Free Trade Zone will reform the administrative
approach of foreign investment based on international norms. Trial national
treatment on investment permission and a "Negative List" mechanism will be
implemented within the zone. For the projects that are not stated in the "Negative
List", foreign investors and domestic investors will receive the same treatment, by
going through filing procedures instead of approving requirements (with the
exception of areas specifically defined by the State Council). Shanghai Municipal
People's Government will be in charge of the project filing procedures. The
approving requirement on foreign investment contracts and Articles of Association
will be replaced by a filing procedure with Shanghai Municipal People' s
Government, with the same follow up procedures finished according to the current
laws and regulations. The registration process with the Administration of Industry
and Commerce will be aligned with the business registration system reform, and
the process will be optimized. National security review system will be improved,
and pilot national security review on foreign investment projects will be trialed in
the China (Shanghai) Pilot Free Trade Zone to constitute a safe and efficient open
economic system. A foreign investment administrative system that is aligned with
international standard will be set up.
Set up a system to support outbound investment
The China (Shanghai) Pilot Free Trade Zone is aiming at the reform of outbound
investment administration by principally implementing the filing system on the
setup of overseas companies and on the general outbound investment projects.
The Shanghai Municipal People's Government will be in charge of the filing
procedure on general outbound investment projects to facilitate the convenience
on outbound investment. A new investment service enhancement mechanism will
be created to strengthen the post outbound-investment administration and service,
and to set up an information-monitoring platform shared by multiple government
departments for statistics and annual inspection purposes. Various types of
investors in the China (Shanghai) Pilot Free Trade Zone are encouraged to conduct
outbound investment in different forms. SPVs specializing in overseas equity
investment are encouraged to be set up in the China (Shanghai) Pilot Free Trade
Zone, and qualified investors are encouraged to establish fund of funds for making
offshore equity investments.
The China (Shanghai) Pilot Free Trade Zone is cultivating new trading types and
functions, aiming to increase China's competitive advantage and enhance their
position in the global trade value chain by focusing on the development of
technology, brands, quality and service. Multinational companies are encouraged
to set up Asia-Pacific regional headquarters and/or operation centers with
comprehensive functions of trading, logistics, settlement, etc. More efforts will be
made to promote Shanghai as the international trade settlement center, and to
expand the function of the special account on cross-border receipt or payment and
financing under trade in service. Enterprises in the China (Shanghai) Pilot Free
Trade Zone will be supported to develop offshore business. Enterprises are
encouraged to employ an overall plan in international and domestic trade to
integrate the development of domestic and foreign trading business. International
commodity trading and resource configuration platform will be explored to trade
energy products, basic industrial raw materials and agriculture commodities. The
ongoing pilot bonded futures delivery will be expanded and improved and the
warehouse receipt financing and other functions will be extended. The
establishment of outbound cultural trade bases will be accelerated. The
outsourcing service sectors include bio-pharmaceuticals, software and information,
management consulting, data services etc. will be encouraged. Financial leasing
companies will be allowed and encouraged to set up project companies in the
China (Shanghai) Pilot Free Trade Zone and to carry out domestic and
international leasing business. Third-party inspection and appraisal institutions
are encouraged to set up with appraisal results be acceptable in accordance with
international standards. High-tech and value-added maintenance services will be
trialed in the China (Shanghai) Pilot Free Trade Zone. Cross border e -business
service function will be cultivated, and a system covering customs, inspection &
quarantine, tax refunds, cross-border payment and logistics will be set up to
support cross-border e-business.
Elevate the capacity of the shipping service
The China (Shanghai) Pilot Free Trade Zone will leverage on the Waigaoqiao Port,
Yangshan Deep-Water Port and Pudong International Airport to form a shipping
development system and operation model that will have strong global competitive
advantages. Shipping related services such as shipping financing, international
ship transportation, international ship management, and international ship
brokerage, will be proactively encouraged. Additionally, the development of freight
index derivatives will be accelerated. Transition and LCL businesses will be further
promoted. Foreign ships owned or indirectly owned by Chinese invested companies
are allowed to pilot the coastal shipping between domestic coastal ports and
Shanghai port. Pudong International Airport is encouraged to increase the number
of flights for cargo transition. By utilizing the geographic advantages of Shanghai
and the preferential taxation on Chinese flag of convenience?ships, qualified ships
will be encouraged to register in Shanghai. The China (Shanghai) Pilot Free Trade
Zone will implement the international ship registration policy as piloted in Tianjin.
The application process on permitting international shipping will be simplified to
create a more efficient ship registration system.
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support the expansion and opening of service industry in the China (Shanghai)
Pilot Free Trade Zone, the deepening of pilot reforms on the implementation of
"National Treatment" on investment permission and "the Negative List"
management approach, and solve the problems in regulatory protection during the
pilot period. The Shanghai Municipal People's Government will establish an
administrative system through local legislation in correspondence to the demands
of the China (Shanghai) Pilot Free Trade Zone.
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Basic Functions
International Trade. All sorts of trade can be conducted in the free trade
zones, including import and export, re-export, offshore trade, service trade,
etc.
Modern Logistics. A comprehensive logistics service is available in the free
trade zones, including warehousing for bonded goods, procurement and
distribution, supply chain management, etc.
Exhibition and Trade. Merchants can have their bonded cargos and
commodities exhibited in the free trade zones and a whole set of services is
available for import and export agents, exhibitors and companies after-sale.
Research and Development and Manufacturing. Companies in the free
trade zones can carry out manufacturing, software development, research
and development of pharmaceutical products and other outsourcing service s.
Innovative Functions
through opening. Shanghai Pilot Free Trade Zone is a new trial for China to
expand reform and opening.
Second, the core is the innovation of system. Shanghai Pilot Trade Zone
reflects the national strategy, and is of high level of reform and innovation.
In the pilot policies, there are a lot of aspects concerning innovation of
systems. For example, to promote reform of foreign investment management
mechanism and to pilot negative list management mode that, in sectors
beyond the negative list, the approval system is altered into filing system
based on the system of consistency between domestic and foreign
investment. This is a major breakthrough in the reform of administration
system.
Third, Shanghai Pilot Free Trade Zone features as a model. Shanghai Pilot
Free Trade Zone acts as the test field for reform and opening, to explore
new thoughts and new methods for China to expand opening and intensify
reform and form replicable and extendable experience, to make a
demonstration for China and bring its role into full play to serve the whole
country. For example, the early opening of relevant service sectors and early
and pilot implementation of convertibility of RMB capital accounts, interest
rate liberation of financial markets, cross-border use of RMB will accumulate
important experience for further and comprehensive intensification of reform
and opening in the future.
Customs benefit
Overseas shipments will not need customs clearance until a later stage, simplifying
the operation of logistics companies within the FTZ. Reducing costs and
complexities involved in the logistics could further encourage international
manufacturers to set up a regional manufacturing and logistics hub in Shanghai.
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Administrative benefit
An important reform which will attract foreign investors is a drastic simplification
of the administrative burden of applying for approval and registration within the
FTZ. Foreign investors within the zone will be subject to the same application
procedure and requirements as domestic investors and the process will require a
single application at a single location, provided their business scope is not
contained within the Negative List for which special approval is needed.
FINANCE
With respect to the financial sector (banking, health medical insurance, financial
leasing), the goal of the new zone is to promote financial innovation, interest
liberalization and full capital account convertibility. Over the next several years
restrictions in all these areas will be loosened. Moreover, investment approval for
the zone is shifting to a negative list system, meaning investment areas not
explicitly prohibited will be approved. Following the State Council announcement,
the CBRC and CSRC, released follow-up guidelines for banks and securities firms
seeking to establish operations in the zone.
From a broader perspective, the FTZ has the potential to promote two key areas of
economic reform, helping Chinese firms expand abroad and strengthening
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domestic capital markets. China has long pushed domestic firms to expand
abroad as part of the going out strategy, but overseas investment is still small
relative to the size of Chinas economy and largely dominated by state -owned
enterprises. Expanding abroad may become easier now with new regulations that
encourage firms within the FTZ to seek financing abroad and allow domestic banks
to more easily offer cross-border financial services. This should make overseas
expansion easier for smaller firms who often lack strong banking relationships and
have limited access to foreign financing.
Chinese capital markets should also receive a boost from the FTZ. Qualified
individuals and companies in the zone will be allowed to invest in foreign and
domestic equity and futures markets. This represents a break from the existing
QFII and QDII programs where investment quotas are allocated by SAFE. Instead
of a quantitative restriction on inflows and outflows, there will be a geographic
restriction. Depending on how easy it is for financial firms to set up operations
within the zone, these new rules could help boost the foreign share of portfolio
investment in China which right now stands at a measly 4 percent of GDP.
The key dynamic for policymakers regulating the FTZ will be how to promote
substantive liberalization without spreading financial risk to the broader economy.
To be successful, the FTZ will need to make it easy for both foreign and domestic
firms to establish operations and move capital across the border. However, due to
the fungibility of capital, financial flows are very difficult to contain within set
geographical confines. To counteract this, the requirements for establishing within
the zone will have to be tight enough to keep out firms without legitimate
international operations. This should help limit, but not eliminate, the impact of
the zone on the rest of the economy.
outside the zone. As such, it will not have much effect in bringing back the
purchasing power for luxuries that has drifted offshore (because prices at the
duty-free shops will have no advantage over prices in Hong Kong). Thus, they are
of little help to the growth of the domestic market and economy.
On the negative list for the wholesale and retail sectors, there are not many
categories that are subject to special control. The list only covers important
commodities like grain, cotton, vegetable oil, tobacco, salt, chemical fertilizers,
agricultural films, and crude oil and finished products that have a vital bearing on
the national economy and the people's livelihood, some audio-visual products and
relics, as well as direct selling, mail order selling and online selling. Foreign direct
selling and mail order businesses like Amway and Mecoxlane have in fact been
operating in the Shanghai market long before this.
Of course this is just the negative list for 2013. The list is expected to be trimmed
rather than expanded in 2014 and 2015. The scope and content of liberalization in
the Shanghai free trade zone are expected to gradually expand based on progress
in such areas as implementation of liberalization pilots, improvement of
management and adaptability of companies.
REGIONAL ECONOMIC
The Shanghai Free Trade Zone will help usher in a new phase of reform and thus
provide the necessary conditions for economic upgrade. Even though the Shanghai
Free Trade Zone has been in motion for only eight months, it has unleashed a
ripple effect, with Guangdong, Tianjin, Xiamen, Chongqing, and Zhoushan having
submitted applications for setting up free trade zones. Recently, Guangdong and
Hong Kong have brought up the idea of a free trade zone comprised of Guangdong,
Hong Kong, and Macau, which will help Hong Kong better take advantage of its
strengths and unique position in the global economy. In order to boost growth in
the Pearl River Delta, trades in goods and services will be liberalized, while
financial innovation and cooperation will be encouraged. As more and more free
trade zones emerge, trade liberalization will become increasingly full-fledged.
As for Shanghai, the free trade zone will help the city achieve its goal of becoming a
global economic center. In the past two years, due to the lack of reform measures,
the pace of Shanghais economic growth was near rock bottom in the nation. Now
that the free trade zone has provided Shanghai with a great opportunity to open up
its economy and develop offshore trade and finance, the city will over time emerge
as a trading, shipping, and financial center. For instance, when it comes to
regional headquarters of multinational corporations, supply chain management is
a core function. For the time being, most of Fortune 500 companies have entered
the Shanghai market, and the Shanghai Free Trade Zone will help the city become
a hub of supply chain management.
From a regional perspective, the Shanghai Free Trade Zone will drive economic
growth in the Yangtze River Delta, which is currently the largest regional economy
in China and aims to become a world-class cluster of cities. With modern logistics,
quality services for commerce, and financial innovation, the Yangtze River Delta
will be better equipped to boost growth. For instance, as it stands now, about 90%
of container cargos in Shanghai Port originate from the Yangtze area. Therefore,
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provinces and cities in the region will all benefit from the Shanghai Free Trade
Zone and turn in strong economic performance.
As for Hong Kong and especially its financial services sector, the Shanghai Free
Trade Zone will inevitably bring about challenges. Hong Kong should proactively
deal with these challenges and turn them into opportunities. On one hand, the free
trade zone will provide Hong Kongs financial industry with a platform to enter the
Yangtze River Delta. On the other hand, Hong Kongs mature legal system, high
degree of internationalization, and excellent business environment makes the city
an ideal place to connect the Shanghai Free Trade Zone and global markets. In the
future, Hong Kong and the Shanghai Free Trade Zone can cooperate extensively in
the areas of offshore trading, cross-border financing and investments, offshore
RMB lending, RMB bond issuance, trading, and settlement, as well as professional
services such as legal, accounting, and management.
Support the setup of mother funds for equity investment in foreign countries;
Private capital and foreign-funded financial institutions practice;
Build financial transaction platform ,adapting to international practice;
Overseas enterprises are permitted to engage in commodity futures trading;
Reform the management modes of external debts;
Support RMB cross-border reinsurance business;
Back the establishment of overall financial service platform.
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CONCLUSION
The creation of a Shanghai Free Trade Zone is the Chinese government's latest
major initiative in adapting to global economic development trends and furthering
its opening up to the outside world. It is conducive to cultivating new advantages
for China in the face of global competition. Moreover, it will help build a new
platform for its cooperation with other countries and regions, develop new space
for economic growth and build an upgraded version of the Chinese economy.
The Shanghai FTZ has four main goals. The first is achieving zero tariffs on all
merchandise traded, including
agricultural
products. The
second
involves
protecting intellectual property rights, and making sure that labor, environmental
and safety conditions meet international standards. The third centers on
enhancing economic and regulatory fairness and transparency, and removing
subsidies and preferential support for specific industries and state -owned
enterprises. The fourth is to fully liberalize the financial services industry, and
open up the capital account to facilitate the free convertibility of currency and
movement of capital.
The Shanghai Free Trade Zone should also aim to include all major industries to
create a fair sense of competition among state-owned, private and foreign
businesses. It should follow the negative-list approach of granting access to any
businesses that are not prohibited, and change the traditional method of
examining and approving tenants to a registration-based system.
The Shanghai Free Trade Zone has enormous potential and is full of possibilities.
However, one should not lose sight of the fact that the zone is still a pilot project,
while its experimental nature suggests that risks and challenges will be
unavoidable. For instance, arbitrage opportunities may arise while the capital
account is being opened; a new legal system may be necessary; and the functions
and mentality of government may need to be changed. In order for this experiment
to succeed, these major issues will have to be resolved.
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