Database

Browse Database

CHINA

Reported in 2021

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 8 in China, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

CHINA

Reported in 2020

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Discrimination of foreign payment services
In 2012, there has been a WTO dispute about China’s rules governing access to its domestic electronic-payments market which do not provide equal treatment to foreign credit-card and debit-card issuers. China said at the time it would assess the decision, but it has been slow to change its market-access rules in response. Currently, it is reported that China UnionPay Co. has a near monopoly on processing and clearing yuan-denominated payments made via bank cards and credit cards. The state-controlled firm has close ties to China’s Central Bank. China’s Central Bank has at times moved against the upstarts in ways that seem to benefit UnionPay.

In 2020, Mastercard was reported to received approval from the People's Bank of China (PBOC) to begin formal preparation to set up a bank card clearing institution in China. Mastercard set up a joint venture with NetsUnion Clearing Corp., a clearing house for online payments whose stakeholders included the PBOC, and received approval for its application in 2020. Furthermore, it is reported that American Express received preliminary approval in 2018 to undertake clearing services of credit card payments in China and AMEX's application to clear and settle payments domestically by way of its JV with Amex’s Chinese partner LianLian Group was also accepted in January, 2020.

The approvals are part of the US-China phase one trade deal that started in January 2020, which required Beijing to accept and review payments firms' applications in a timely manner. Specifically, it is reported that applications from firms wanting to become bank card clearing houses in China had to be accepted within five business days and responded to within 90 days of acceptance. However, the deal expired in December 2021.
Coverage Payment services
Sources

CHINA

Since August 2018, entry into force in January 2019

Pillar Online sales and transactions  |  Sub-pillar Licensing scheme for e-commerce providers
E-Commerce Law of the People’s Republic of China 《中华人民国电子商务法》
China's first comprehensive legislation regulating e-commerce came into effect in January 2019. According to Art. 9 of the law, it applies to all "e-commerce operators," including all individuals and legal entities engaged in the business of selling goods and/or providing services on the Internet or other information networks. This includes operators of e-commerce platforms, sellers of goods and services on the e-commerce platforms of others, and those who operate their own websites or through other network services. The law is reported to extend to non-traditional shopping channels, including social media and messaging services, such as WeChat, and streaming sites, such as Douyin. In addition, according to arts. 10-14 of the law, all e-commerce operators are obliged to obtain business licenses and register with the tax authorities, as well as to ensure that information on their business and administrative licenses related to their business services is displayed online in a clearly readable form at all times.
Coverage E-Commerce

CHINA

Since April 2009, entry into force in October 2009

Pillar Online sales and transactions  |  Sub-pillar Maximum foreign equity share for investment in the e-commerce sector
Postal Law of the People's Republic of China 《中华人民共和国邮政法》
According to Art. 51 of the Postal Law of the People's Republic of China, a specific license is needed for express delivery business. It is reported that the administrative licensing for express delivery services is non-transparent and burdensome, preventing competition. It is reported that as companies are required to apply to each city where there is a postal administration department, they need to go through at least 350 review and approval processes if they want to operate at the national level.
Coverage Express delivery services

CHINA

Since 1999

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Restrictions on encryption standards
Regulation on Commercial Encryption 《关于商业加密的规定》
Without a sales certificate provided by the China’s National Commission on Encryption Code Regulations (NCECR), it is illegal to sell products using Commercial Encryption Codes (CEC). It is also prohibited to use CEC products not certified by the NCECR. The public promotion and/or exhibition of CEC products must be reported to and approved by the NCECR in advance.
To obtain the certificate, the company must fulfill three requirements:
- They must be staffed with personnel who are knowledgeable in CEC product information and capable of providing post‑sales services;
- They must be able to provide full sales services and be equipped with safety regulations;
- They must also have the rights of an independent juridical unit.
Coverage Encryption products

CHINA

In 2012

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Restrictions on encryption standards
ZUC Encryption《祖冲之算法》
The Ministry of Industry and Information Technology (MIIT), in concert with the State Encryption Management Bureau, informally announced in early 2012 that only domestically developed encryption algorithms, such as ZUC, would be allowed for use in the network equipment (mobile base stations) and mobile devices comprising 4G TD-LTE networks in China. In addition, an industry analysis published by MIIT suggests that burdensome and invasive testing procedures threatening companies’ sensitive intellectual property could be required.
Although a globally accepted standard (3GPP) already exists, ZUC is de facto often required in order to enter the Chinese market, along with invasive testing requirements (source code review). These requirements are potentially violating bilateral commitments with the US and a commitment that China made to its trading partners in 2000 stating that China would permit the use of foreign encryption standards in IT and telecommunication hardware and software for commercial use and that it would only impose strict “Chinese-only” encryption requirements on specialized IT products whose “core function” is encryption.
Coverage 4G telecommunication equipment (LTE)

CHINA

Since 2009 (unpublished requirement)

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Restrictions on encryption standards
WAPI Wireless Local Area Network (WLAN) standard WAPI 《无线局域网》(WLAN)标准
A locally developed encryption standard (WAPI) is required to be used in all wireless equipment despite existing international standard IEEE 802.11i.
Coverage Wi-Fi enabled devices

CHINA

Since July 2015

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Product screening and additional testing requirements
National Security Law of the People's Republic of China《中华人民国国家安全法》
The National Security Law foresees the rollout of a “secure and controllable” internet infrastructure. Under the National Security Law, the State can establish national security review and oversight management systems and mechanisms, conduct national security review of foreign commercial investment, special items and technologies, internet information technology produces and services, projects involving national security matters, as well as other major matters and activities, that impact or might impact national security.
Coverage Horizontal

CHINA

Since 1999
Since October 2019

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Product screening and additional testing requirements
Regulation on Commercial Encryption 《关于商业加密的规定》

Cryptography Law of the People's Republic of China, 2019 《中华人民共和国密码法》, 2019
Imported and exported encryption products must be certified by the Office of State Commercial Cryptography Administration (OSCCA). The use of encryption products without OSCCA certification is prohibited, regardless of public, commercial or individual nature of use.However, it is reported that, in practice, only Chinese or Chinese-owned companies are eligible for OSCCA certification to sell, produce and carry out R&D for encryption technology in China, as well as to gain product licensing. Foreign or foreign-owned companies, even if based in China, are excluded. In 2007, OSCCA started to consider products such as Trusted Platform Module (used in computers) or smartcards (used in banking, insurance, health, transport, etc.) as core encryption products. As a result, such products could no longer be produced or sold by foreign or foreign-invested companies.
Under the Cryptography Law, import and export of commercial encryption products, technologies and services remains subject to government approval. Commercial encryption products that may affect national security, public interest and have encryption-based protective functions can only be imported under a permit. The Ministry of Commerce together with the OSCCA and the General Administration of Customs will issue catalogues of commercial encryption products that are subject to the above import permit and export controls. The aforesaid requirements will not apply to commercial encryption used in ""products for consumption by general population"". However, the Cryptography Law does not define the term leaving it unclear as to how this will be implemented in practice.
The Cryptography Law has removed the requirement for mandatory certification and has instead established a voluntary certification scheme, which encourages manufacturers to apply to qualified agencies for the testing and certification of their commercial encryption products. The products set out in the Product Catalogue will no longer be subject to mandatory approval requirements before launching their product in the market. The voluntary certification will provide a marking which will serve to assure customers that their commercial encryption products conform with Chinese encryption standards. Products included in the product catalogue are smart password key, smart IC card, ATM application system, security authentication, financial data encryption machine etc.
Coverage Encryption products

CHINA

Reported in 2007

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Administrative Measures for the Multi-level Protection of Information Security 《多层次保护信息安全的行政措施》

(i) GB/T 22239-2019 Information Security Technology – Baseline for Multi-level Protection of Cyber Security; (ii) GB/T 25070- 2019 Information Security Technology – Technical Requirements of Security Design for Multi-level Protection of Cyber Security; and (iii) GB/T 28448-2019 Information Security Technology – Evaluation Requirement for Multi-level Protection of Cyber Security (together known as "MLPS 2.0") (i) GB/T 22239-2019《信息安全技术--网络安全多级防护基准》; (ii) GB/T 25070-2019《信息安全技术--网络安全多级防护安全设计技术要求》; (iii) GB/T 28448-2019《信息安全技术--网络安全多级防护评估要求》(合称《MLPS 2.0》)
The MLPS requires all IT systems in China to be classified on different levels of security, from one to five (with the most sensitive systems designated as level 5). The MLPS 2.0 has expanded the definition of 'information systems' to broader systems including network infrastructure, cloud computing systems, mobile application platforms, connected devices and industrial control systems.

The MLPS 2.0 requires networks of level 3 and above to adopt network products and services appropriate to their security protection levels. Companies classified as level 2 and above require companies' procurement and use of encryption products and services to be preapproved by the Chinese government. Under the MLPS 2.0, companies must self-assess their security management and compliance and such assessment results are evaluated and endorsed by the MLPS regulatory body.

The MLPS 2.0 require companies to set up their cloud infrastructure, including servers, virtualized networks, software, and information systems, in China. Such cloud infrastructures are subject to testing and evaluation by the Chinese government. Overseas operation and maintenance of Chinese cloud computing platforms must also follow Chinese laws and regulations. The national standards also state that customers' data and users' personal information processed by cloud service providers should be stored inside China, which is an additional requirement. It is currently uncertain how these national standards would be enforced and there has not yet been reports of enforcement.
Coverage Information Systems including network infrastructure, cloud computing systems, mobile application platforms, connected devices and industrial control systems

CHINA

Radio Type Approval since January 1996
Network Access License since June 2001
China Compulsory Certification since August 2003

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
State Radio Regulation of China SRRC 无线电设备型号核准证(SRRC)

Network Access License (NAL) 进网许可证(NAL)

China Compulsory Certification (CCC) requirement 中国强制认证(CCC)要求
China’s current certification requirements for telecommunications equipment are reported to conflict with its WTO obligations of limiting imported products to no more than one conformity assessment scheme and requiring the same mark for all products (Article 13.4.a of China’s WTO Accession).
China has three different licensing regimes: State Radio Regulation of China (SRRC), the Network Access License (NAL) and the China Compulsory Certification (CCC). The CCC is required for a list of products that includes many types of IT products, video and audio equipment etc. The NAL is required for all telecommunications equipment in China. The NAL license requires extensive testing and support and may include network trials and review of the product by a local panel of experts, in addition to laboratory testing against China's national standards. Radio communication equipment intended to be marketed in China requires radio type approval granted by the Ministry of Industry and Information Technology of the People’s Republic of China (MIIT)’s ‘State Radio Regulation Committee’ (SRRC). Specified equipment samples are tested in designated laboratories according to local Chinese standards.
Therefore, for a given piece of equipment, it can cost between USD 30,000-35,000 to test for all three licenses (SRRC, NAL, and CCC). The CCC mark is used for both Chinese and foreign products. Moreover, all testing for the CCC mark must be conducted in China and US exporters are often required to submit their products to Chinese laboratories for additional tests.
The CCC certificate and permission of printing the CCC mark must be renewed annually as part of a follow-up certification. Part of the follow-up certification is also a one-day factory audit.
China is also reported as having limitations on foreign invested conformity assessment bodies in country.
Coverage Electrical and ICT goods

CHINA

Since July 2009

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Revised Management Regulations for Compulsory Product Certification (CCC) 《修订后的强制性产品认证(CCC)管理规定》
Since 2009, Administration of Quality Supervision, Inspection, and Quarantine (AQSIQ) bureaus have greater authority to conduct on-site investigations and increase penalties for non-compliance.

The regulations add more categories of non-compliance and refine and expand penalties. They also penalize companies that counterfeit or sells CCC marks or use canceled or expired certification documents. The revised regulations also raise fines for some violations—the fine for companies that are certified but do not apply CCC labels to their products has doubled to ¥20,000 ($2,928). The new provisions specify a five-year validity period for CCC certification and require a company to apply for an extension within 90 days of expiration.
Coverage ICT goods

CHINA

Accessed in January 2016

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
China Compulsory Certification (CCC) requirement 中国强制认证(CCC)要求
Companies have expressed concerns about duplication of safety certification requirements, particularly for radio and telecommunications equipment, medical equipment, and automobiles, which result in increased costs and slow down of product introduction in the market.

Twelve categories of ICT products and nine categories of telecommunication equipment are subject to compulsory EMC and safety regulation. Whether EMC, safety only or both tests are required depends on the certification guidelines for a particular product. Suppliers' declaration of conformity is not sufficient, while certification by a third party and/or certification by a government agency is not accepted unless the third party meets the requirements prescribed in Articles 10 and 11 of the Regulations of People's Republic of China on Certification and Accreditation.

Moreover, China retains the right to reconfirm sample machines or conduct tests on inconsistent items.
Coverage Twelve categories of ICT products and nine categories of telecom equipment

CHINA

Since October 2019

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Omission of Compulsory CCC Certification for Certain Products and Implementation of CCC Self-Declaration for Other Products 对某些产品不进行强制性CCC认证,对其他产品实施CCC自我声明
The Self-Declaration of Compulsory Product Certification has two product types known as “Type A” and “Type B.” Type A products can be allowed to be tested in own or self-determined laboratories, whereas Type B products must be tested in laboratories accredited by the Chinese authority CNAS. Products for which self-certification is allowed include electrical tools, IT equipment, certain audio and video equipment. The complete list of the products is set out in Annex 2 of the notification.
Coverage Several products including IT, audio and video equipment

CHINA

Since August 2003

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
China Compulsory Certification (CCC) requirement中国强制认证(CCC)要求
It is reported that China applies the China Compulsory Certification (CCC) mark requirement inconsistently and that many Chinese produced goods continue to be sold without the mark.
Coverage Several goods including electrical/electronic products and ICT products

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