No.

Special Administrative Measures

I. Agriculture, Forestry, Animal Husbandry and Fishery

1

Overseas individuals and fishery vessels that intend to investigate fishery resources in the waters under the jurisdiction of China must obtain approval from the Chinese government. If a treaty or agreement has been concluded with China, such treaty or agreement shall apply.

II. Construction

2

Overseas service providers shall not provide construction and related engineering services.

III. Wholesale and Retail

3

Overseas service providers shall not directly sell veterinary drugs, feed, feed additives, and pesticides; they shall set up sales agencies in China or entrust qualified agencies in China to sell the said products.

4

Overseas service providers shall not engage in the wholesale, retail, import and export of tobacco leaves or tobacco products in China.

IV. Transport, Warehousing and Postal Services

5

Overseas service providers are only allowed to engage in international transport in ports open to overseas vessels. Except that, overseas service providers are not allowed to operate domestic water transport business, or operate it in disguised form by renting Chinese vessels or shipping spaces. Domestic water transport operators may not use vessels with foreign nationality to operate domestic water transport business. However, if a domestic water transport operator has no vessels with Chinese nationality that can meet the requirements for transport applied for in China, and the port or waters where vessels berth is open to international shipping, with the permission of the Chinese government, the domestic water transport operator can temporarily use vessels with foreign nationality for transport during the time limit or voyage stipulated by the Chinese government.

6

Except for yachts, any vessels with foreign nationality shall apply for pilotage to the local pilotage authority when  entering or leaving Hainan Free Trade Port, or navigating in Hainan’s inland rivers or ports, shifting berths, or berthing at or departing from mooring points or loading and unloading stations outside ports of Hainan Free Trade Port. If China has concluded any another agreement with the vessel’s country of registry, such agreement shall apply firstly.

7

Overseas individuals are not allowed to register as pilots.

8

Overseas service providers must participate in the salvage of shipwrecks and sunken objects in coastal waters by signing a joint salvage contract with Chinese salvage operators. Overseas service providers shall, under the same conditions, give priority to leasing and hiring from Chinese salvage operators the vessels, equipment and laborers required for the performance of the joint salvage contract.

9

The provision of services of computer reservation systems under the mode of cross-border delivery is allowed only under the following circumstances:

(1) If an overseas computer reservation system has concluded an agreement with a Chinese air transport enterprise and a Chinese computer reservation system, it may provide services for Chinese air transport enterprises and Chinese air agents by connecting with the Chinese computer reservation system;

(2) An overseas computer reservation system may provide services for representative offices or business offices set up by overseas air transport enterprises in destination cities that have the right to operate in accordance with the bilateral air transport agreement in cities of China covered by air transport;

(3) The direct access to and use of an overseas computer reservation system by Chinese air transport enterprises and sales agents of overseas air transport enterprises must be approved by the competent authorities of civil aviation of China.

10

Overseas service providers shall not engage in air traffic management services related to China's civil aviation including air traffic control, communications, navigation and surveillance, and aeronautical information, or engage in training services related to air traffic control and aeronautical information in the field of civil aviation.

11

Overseas individuals shall not apply for the license for civil aviation intelligence officers or civil aviation-related air traffic controllers.

12

An overseas pilot school that conducts pilot license and level training for Chinese aviation operators and from which qualified pilots after training return to China and gain the corresponding pilot license for civil aviation of China in accordance with the simplified procedures shall meet the following conditions:

(1) The country where the school is located is a party to the convention on international civil aviation and the school has obtained an aviation operation certificate or similar approval issued by the competent authority of civil aviation of the country;

(2) The school has obtained permission from the Chinese government.

13

Without the approval of the Chinese government, any vessel with foreign nationality shall not operate towage between Chinese ports in any way.

14

The captain of a vessel with Chinese nationality shall be a crew member with Chinese nationality.

15

Overseas international road transport operators shall not engage in road passenger transport to and from destinations within China.

16

Overseas service providers shall not engage in domestic express mail business.

17

Overseas service providers shall not provide postal services.

V. Information Transmission, Software and Information Technology Services

18

China implements a licensing system for telecommunication business operations. Only a company established in China in accordance with the law can engage in telecommunication business operations after obtaining the telecommunication business license.

19

The international communication business must be operated through international communication gateway exchanges established upon approval by the competent departments of the Ministry of Industry and Information Technology (MIIT) of China. Wholly state-owned telecommunication business operators shall apply for the establishment of international communication gateway exchanges, and undertake the operation and maintenance of international communication gateway exchanges, and the competent departments of MIIT shall approve the establishment of international communication gateway exchanges.

20

Overseas organizations or individuals shall not test radio wave parameters or monitor radio waves.

21

Overseas entities that intend to lease communication satellite resources to domestic entities in China shall, on the premises of complying with China's administrative provisions on satellite radio frequency and completing the coordination with the satellite radio frequency declared by China, lease communication satellite resources to those domestic entities with the corresponding business qualifications. The domestic aforesaid entities then sub-lease such resources to domestic users and are responsible for technical support, marketing, user service, and user regulation. Overseas satellite companies shall not directly lease satellite transponders to domestic users without the approval of the Chinese government.

22

Overseas service providers shall not engage in Internet news information services or Internet public information release services.

23

If the requirements for establishment of commercial existence and related equity ratio are not met, overseas service providers shall not provide Internet information search services.

VI. Finance

24

Only insurance companies established in China in accordance with Chinese laws and other insurance organizations prescribed by laws and administrative regulations can operate insurance business. Insurance services other than insurance brokerage provided by means of overseas consumption and the following insurance services provided by means of cross-border delivery are not subject to the above restrictions: reinsurance; international sea transport, air transport and transport insurance; large-scale commercial insurance brokerage, international sea transport, air transport and transport insurance brokerage and reinsurance brokerage.

25

Without the approval of the banking regulatory authority of China, overseas service providers shall not, by means of cross-border delivery, engage in business activities of banking financial institutions, financial asset management companies, trust companies, finance companies, financial leasing companies, consumer finance companies, auto finance companies, and other financial institutions established upon approval by the banking regulatory authority of China.

26

Only currency brokerage companies established in China upon approval can engage in currency brokerage business.

27

Only limited liability companies or joint stock limited companies established in China as non-financial corporate institutions can apply for the Payment Business License to engage in payment services of non-financial institutions.

28

Only securities companies established in China in accordance with Chinese laws can operate the following securities business upon approval: (1) Securities brokerage; (2) Securities investment consultation; (3) Financial advisors related to securities transactions and securities investment activities; (4) Securities underwriting and sponsorship; (5) Securities margin trading; (6) Securities market-making transactions; (7) Securities self-operation; (8) Other securities business.

29

The provision of services by means of overseas consumption and the provision of the following services by means of cross-border delivery are not subject to Article 28:

(1) Overseas securities operators that have been approved to obtain the qualifications for the business of domestically listed foreign shares (B-shares) may engage in the brokerage business of domestically listed foreign shares by signing an agency agreement with domestic securities operators or in other ways prescribed by stock exchanges;

(2) Overseas securities operators that have been approved to obtain the qualifications for the business of domestically listed foreign shares act as lead underwriters, co-lead underwriters and international affairs coordinators for domestically listed foreign shares;

(3) Approved qualified domestic institutional investors (QDII) that invest in overseas securities may entrust overseas securities service agencies to buy and sell securities as agents;

(4) Approved qualified domestic institutional investors may entrust qualified overseas investment consultants to invest in overseas securities;

(5) Overseas asset custodians entrusted by custodians to be responsible for the overseas asset custody business must meet the statutory conditions.

30

The provision of services by means of cross-border delivery is not allowed under the following circumstances:

(1) Only fund management companies established in accordance with Chinese laws or other institutions approved by the securities regulatory authority of China in accordance with provisions can act as managers of publicly offered securities investment funds;

(2) Only companies or partnerships established in China that meet the statutory conditions can apply for registration as managers of privately offered securities funds;

(3) Only commercial banks established in accordance with Chinese laws and qualified for the custody of securities investment funds or other financial institutions approved by the securities regulatory authority of China can act as custodians of securities investment funds;

(4) Approved qualified foreign institutional investors who invest in domestic securities and futures shall entrust qualified domestic institutions as custodians of assets; for approved domestic institutional investors who invest in overseas securities, domestic commercial banks shall be responsible for the asset custody business;

(5) Only institutions (including managers of publicly offered funds) established in accordance with Chinese laws and registered with the securities regulatory agency of China and its local offices to obtain the qualifications for the sale of publicly offered funds can engage in fund sales;

(6) Without approval or registration, domestic institutions and individuals shall not engage in the issuance and trading of negotiable securities overseas.

31

Securities operators established in accordance with Chinese laws and other institutions engaged in consulting business may engage in securities investment consultation upon approval.

32

Only futures companies established in China in accordance with Chinese laws can operate the following futures business in accordance with the license issued by the futures regulatory authority of China by business categories of commodity futures and financial futures: domestic futures brokerage, overseas futures brokerage, futures investment consultation, and other futures business specified by the futures regulatory authority of China. Only futures companies established in China in accordance with Chinese laws can, in accordance with the requirements of the futures regulatory authority of China, engage in asset management business after registration and record-filing in accordance with the law.

33

Only commercial banks established in China can apply for the qualifications of futures margin depository banks.

34

Unless otherwise specified by the securities regulatory authority of China or other relevant departments, domestic entities or individuals shall not engage in business related to overseas futures and other derivatives; overseas entities or individuals shall not engage in business related to domestic futures and other derivatives.

35

Only futures companies and other futures operators established in accordance with Chinese laws can engage in futures investment consultation. Overseas individuals residing in Hainan Free Trade Port can apply for the qualifications for futures investment consultation.

36

The legal person trustees, custodians, and investment managers of corporate annuities shall be approved by the financial regulatory authority of China and be Chinese legal persons.

37

Corporate annuity account managers shall be approved by the Chinese government and be Chinese legal persons.

38

Overseas enterprises or individuals may not become ordinary members of stock exchanges. Overseas enterprises or individuals may not become members of futures exchanges. Except overseas individuals employed in Hainan Free Trade Port or unless otherwise stipulated by China, overseas enterprises or individuals shall not apply for opening securities accounts or futures accounts. There shall be no more than one regional equity market operator established in Hainan Free Trade Port; the regional equity market shall not provide services for the financing and transfer of privately offered securities or equity by enterprises outside Hainan Free Trade Port.

39

Overseas futures exchanges and other overseas institutions shall not designate or set up commodity futures delivery warehouses or engage in other activities related to commodity futures delivery in China.

40

Overseas RMB business clearing banks, overseas central bank institutions (including overseas central banks (monetary authorities) and other official reserve management institutions, international financial organizations, and sovereign wealth funds) and qualified overseas banks participating in RMB purchase and sale business can apply for becoming overseas members in China's inter-bank foreign exchange market and participating in transactions in the inter-bank foreign exchange market.

VII. Leasing and Commercial Services

41

Overseas law firms, other overseas organizations or individuals shall not engage in legal services in China under the name other than representative offices of overseas law firms in China (unless Hainan's law firms hire lawyers with foreign nationality as foreign legal advisers and Hong Kong's and Macao's lawyers as legal advisers).

42

Representative offices of overseas law firms in China and their representatives shall not engage in Chinese legal affairs (unless representative offices of overseas law firms in Hainan engage in Hainan-related commercial non-litigation legal affairs). Representative offices of overseas law firms in China shall not hire Chinese practicing lawyers; employed auxiliary personnel shall not provide legal services for the parties concerned. Representatives of representative offices and their auxiliary personnel shall not provide Chinese legal services for clients in the name of "Chinese legal advisers".

43

Representative offices of overseas law firms in China and their overseas law firms shall not send personnel to Chinese law firms to engage in legal services.

44

Only notarial institutions established in China can engage in notarization services. The total number of notarial institutions established is controlled. Only Chinese citizens who have passed the Chinese judicial examination or the unified legal professional qualification examination can serve as notaries.

45

Overseas individuals shall not participate in the national uniform legal professional qualification examination to obtain the legal professional qualification certificate.

46

Only legal persons or other organizations established in China can apply for engaging in forensic business. Only Chinese citizens can apply for engaging in forensic business.

47

Overseas service providers can only provide statutory audit services by means of commercial presence; overseas service providers can only provide agency bookkeeping services by means of commercial presence.

48

Overseas organizations or individuals shall not conduct social surveys directly, or through institutions that have not obtained the foreign-related survey license. Qualified overseas service providers who have obtained the foreign-related survey permit can conduct market surveys.

49

Overseas service providers shall not provide human resources services (including but not limited to talent intermediary services, and career intermediary services), or directly recruit laborers to work abroad.

50

Overseas individuals shall not act as security guards to engage in security services; overseas service providers can only provide security services by means of commercial presence.

51

The holding of international exchange and trading activities must be approved by China's radio and television administration and be undertaken by designated entities. The holding of international film festivals (exhibitions) and national film festivals (exhibitions) with awards must be approved by the competent film authorities of China. With the approval of the competent film authorities of Hainan, film screening activities of a single country or Hong Kong, Macao and Taiwan regions can be held.

52

Overseas individuals shall not register for the national tour guide qualification examination.

VIII. Scientific Research and Technical Services

53

Overseas service providers can provide urban planning services other than master planning, provided that they must cooperate with Chinese professional institutions. The urban design other than statutory planning and preliminary study of statutory planning are not subject to the said restriction.

54

Overseas service providers must cooperate with Chinese professional institutions in providing preliminary design (basic design), construction drawing design (detailed design), engineering and centralized engineering services for construction projects (other than scheme design) by means of cross-border delivery.

55

The application of foreigners for participating in the national unified examination and registration of Chinese registered architects and the application of foreign architects for engaging in the business of registered architects shall be handled in accordance with the principle of reciprocity.

56

Without approval, overseas organizations or individuals shall not engage in surveying and mapping, meteorological, hydrological, seismic and ecological environment monitoring, marine scientific research, laying of submarine cables and pipelines, and exploration and development of natural resources in the territory of China and other sea areas under the jurisdiction of China.

IX. Education

57

Except for cooperating with Chinese educational examination institutions in organizing non-academic educational examinations for the society, overseas education service providers shall not hold educational examinations independently.

58

Overseas individual education service providers who are invited or employed by schools and other education institutions in Hainan Free Trade Port can provide education services in China, provided that they must have a bachelor's degree or above, and the corresponding professional titles or certificates.

X. Health and Social Work

59

For foreign doctors who have obtained the legal right to practice medicine in foreign countries, if they are invited to, employed to or apply for clinical diagnosis, treatment and other activities in China, the registration period shall not be more than one year. If the period of registration needs to be extended, they can apply for re-registration in accordance with provisions

XI. Culture, Sports, and Entertainment

60

Overseas service providers shall not engage in the editing, publishing, and production of books, newspapers, periodicals, audio-visual products, and electronic publications, or engage in online publishing (including online games) services, except for those set forth in China's commitments to its accession to the WTO.

Press and publication cooperation projects of Chinese and foreign press and publishing entities must be approved by the Chinese government, and must ensure the Chinese party’s leading right of operation and the right of final review of contents, and shall meet other conditions approved by the Chinese government. Project cooperation in online publishing services between online publishing service entities and foreign-invested domestic enterprises or overseas organizations or individuals shall be reported to the Chinese government for approval in advance. Without examination and approval, overseas service providers shall not copy audio-visual products and electronic publications.  

61

The screening of films shall comply with the time ratio of domestic films and imported films stipulated by the Chinese government. The annual length of domestic films shown by cinemas shall not be less than two-thirds of the total annual length of films shown. Overseas service providers shall not engage in film import business.

62

The main creators of domestic feature films, cartoons, scientific and educational films, documentaries, and special films shall generally be citizens of China. In case of special filming needs, overseas main actors may be hired upon approval, provided that overseas leading and main supporting actors hired shall not exceed one third of the total number of main actors. For feature films, cartoons, documentaries, and science education films produced in cooperation with the foreign parties, in case of special filming needs, overseas chief filmmakers can be hired upon approval of the competent film authorities of China. Except for countries and regions stipulated by the existing special agreements, the number of overseas main actors shall not exceed two-thirds of the total number of main actors. China implements a licensing system for the production of films in cooperation with the foreign parties. Without approval, any domestic entities shall not cooperate with overseas entities to produce films. Without approval, overseas entities may not independently produce films.

63

Overseas service providers shall not engage in online audiovisual program services. The annual total number of overseas films and TV series that a single website introduces exclusively for information network dissemination shall not exceed 30% of the total amount of domestic films and TV series purchased and broadcasted by the website in the previous year. The introduction of overseas films, TV series, and other audio-visual programs for information network dissemination must be examined and approved by the radio and television administration at or above the provincial level.

64

Overseas films and TV series used for broadcasting by radio and television stations must be examined and approved by the radio and television administration of China. Other overseas radio and television programs used for broadcasting by radio and television stations must be examined and approved by the radio and television administration of China or its authorized agencies. The import and rebroadcast of overseas radio and television programs by radio and television stations by means of satellite transmission must be approved by the radio and television administration of China. China regulates and plans the introduction of overseas films and TV series. The introduction of overseas films and TV series and the introduction of other overseas television programs by means of satellite transmission shall be declared by designated entities. The broadcasting of overseas radio and television programs introduced in accordance with provisions must comply with the provisions on time ratio and time frame.

65

Overseas service providers shall not engage in the cross-border import of online cultural products, except for those set forth in China's commitments to its accession to the WTO.

66

Overseas service providers shall not offer radio and television video-on-demand services, except for hotels and restaurants of equivalent to three-star level or above. To engage in radio and television video-on-demand business, the License for Radio and Television Video-on-Demand Business shall be obtained according to law. The programs used for radio and television video-on-demand shall be mainly domestic programs. The Chinese government implements an examination and approval system for the signal coverage of overseas satellite channels.

67

Overseas service providers shall not engage in radio and television program production and operation (including introduction) services; however, with approval, domestic radio and television program producers may cooperate with overseas institutions and individuals to produce TV series (including TV cartoons). The Chinese creators in TV series co-produced by China and foreign countries shall not be less than 25% of total creators (screenwriters, producers, directors, and main actors). The hiring of overseas individuals to participate in the production of domestic radio and television programs is subject to examination and approval by the radio and television administration.

68

Overseas artistic performance groups and individuals shall not hold commercial performances on their own, but they can participate in commercial performances organized by performance brokerage agencies in China, or be invited by artistic performance groups in China to participate in commercial performances organized by such artistic performance groups, upon approval by the culture and tourism administration. Overseas individuals shall not engage in intermediary or agency services for commercial performances.

69

Overseas service providers shall not engage in news services, including but not limited to news services provided through news agencies, newspapers, periodicals, radio stations, and television stations, but (1) with the approval of the Chinese government, overseas news organizations can establish permanent news organizations to engage only in news gathering, and send resident reporters to China; (2) Chinese and foreign news organizations can cooperate in specific business with the approval of the Chinese government and under the conditions of ensuring the Chinese party's leadership. With the approval of the Chinese government, overseas news agencies can provide approved specific news services in China, such as feeds to domestic news agencies.  

70

Overseas service providers shall not engage in the business of conducting social artistic level examinations.