CHINA
Since June 2018, last amended in 2024
Since 2000, last amended in 2015
Since 2000, last amended in 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Special Administrative Measures (Negative List) for Foreign Investment Access (外商投资准入特别管理措施(负面清单))
Classification Catalogue of Telecommunications Services (电信业务分类目录)
Classification Catalogue of Telecommunications Services (电信业务分类目录)
Section 12 of the "Special Administrative Measures (Negative List) for Foreign Investment Access" provides that the foreign shareholding ratio in value‑added telecommunications services, except for e‑commerce, domestic multi‑party communications, store‑and‑forward services, and call centres, must not exceed 50%. According to the "Classification Catalogue of Telecommunications Services", value‑added telecommunications services include Internet data centre services, content delivery network services, domestic Internet protocol virtual private network services, Internet access services, online data processing and transaction processing services, domestic multi‑party communication services, store‑and‑forward services, call centre services, information services, code and regulation conversion services, and Internet domain name resolution services.
In 2024, the Chinese government removed foreign shareholding restrictions on six categories of value‑added telecommunications services within designated pilot areas in Beijing, Shanghai, Hainan, and Shenzhen. This policy now permits foreign enterprises to operate independently in the following value‑added telecommunications service sectors within those pilot zones: Internet data centre services, content distribution network services, Internet service provision, online data processing and transaction processing services, information services including information publication and delivery (excluding Internet news, online publishing, online audio‑visual services, and Internet cultural operations), and information protection and processing services. Reports indicate that by February 2025, 13 foreign‑invested enterprises had been granted approval to participate in this scheme.
In 2024, the Chinese government removed foreign shareholding restrictions on six categories of value‑added telecommunications services within designated pilot areas in Beijing, Shanghai, Hainan, and Shenzhen. This policy now permits foreign enterprises to operate independently in the following value‑added telecommunications service sectors within those pilot zones: Internet data centre services, content distribution network services, Internet service provision, online data processing and transaction processing services, information services including information publication and delivery (excluding Internet news, online publishing, online audio‑visual services, and Internet cultural operations), and information protection and processing services. Reports indicate that by February 2025, 13 foreign‑invested enterprises had been granted approval to participate in this scheme.
Coverage Value-added telecommunications services, including Internet data centre services and online data processing and transaction processing services
Sources
- https://web.archive.org/web/20260301100800/https://invest.beijing.gov.cn/english/Choose/Policies/202410/t20241024_3927463.html
- https://web.archive.org/web/20260319165726/https://www.cttic.cn/info/2376
- https://web.archive.org/web/20260115022430/https://www.simmons-simmons.com/en/publications/cm8gujz0c00luuxi01ytodmg0/china-s-telecom-evolution-new-opportunities-for-foreign-investors
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CHINA
Since September 1993, entry into force in December 1993, last amended in 2025
Since November 1995, last amended in December 1998
Since November 1995, last amended in December 1998
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Law Against Unfair Competition of the People's Republic of China (中华人民共和国反不正当竞争法)
Provisions on Prohibiting Infringement of Trade Secrets (關於禁止侵犯商業秘密行為的若干規定)
Provisions on Prohibiting Infringement of Trade Secrets (關於禁止侵犯商業秘密行為的若干規定)
The Law Against Unfair Competition of the People’s Republic of China and the Provisions on Prohibiting Infringement of Trade Secrets constitute an effective legal framework for the protection of trade secrets. In addition to these two primary instruments, the broader system governing undisclosed information and trade secrets is further supported by the Administrative Licensing Law, the Criminal Law, the Labour Law and other relevant legislation.
Despite the existence of this framework, reports indicate that significant enforcement challenges persist. These challenges include stringent evidentiary requirements, limited opportunities for discovery and difficulties in meeting the demanding conditions necessary to enforce agreements intended to safeguard trade secrets and confidential business information from misappropriation. Stakeholders also observe that securing damages awards at levels sufficient to deter infringement remains difficult. Furthermore, there are continuing concerns about the risk of unauthorised disclosure of trade secrets and confidential information by government officials and third‑party experts. This issue is considered particularly acute in sectors such as software.
Despite the existence of this framework, reports indicate that significant enforcement challenges persist. These challenges include stringent evidentiary requirements, limited opportunities for discovery and difficulties in meeting the demanding conditions necessary to enforce agreements intended to safeguard trade secrets and confidential business information from misappropriation. Stakeholders also observe that securing damages awards at levels sufficient to deter infringement remains difficult. Furthermore, there are continuing concerns about the risk of unauthorised disclosure of trade secrets and confidential information by government officials and third‑party experts. This issue is considered particularly acute in sectors such as software.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260306152852/https://www.spp.gov.cn/spp/fl/202506/t20250627_699862.shtml
- https://web.archive.org/web/20260317194733/https://www.beijing.gov.cn/gate/big5/www.beijing.gov.cn/zhengce/zhengcefagui/qtwj/201904/t20190426_776416.html
- https://web.archive.org/web/20260317190016/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S458R1.pdf&Open=True
- https://web.archive.org/web/20260317192653/https://ustr.gov/sites/default/files/files/Issue_Areas/Enforcement/2025%20Special%20301%20Report%20(final).pdf
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CHINA
Since December 2001, entry into force in January 2002, last amended in March 2022
Since 2000, last amended in 2015
Since 2000, last amended in 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Administrative Provisions on Foreign-funded Telecommunications Enterprises (外商投资电信企业管理规定)
Classification Catalogue of Telecommunications Services (电信业务分类目录)
Classification Catalogue of Telecommunications Services (电信业务分类目录)
Art. 6 of the "Administrative Provisions on Foreign‑funded Telecommunications Enterprises" stipulates that, unless otherwise prescribed by the State, the aggregate equity held by foreign investor(s) in a foreign‑funded telecommunications enterprise engaged in basic telecommunications services, excluding radio paging services, may not ultimately exceed 49%, and the "Classification Catalogue of Telecommunications Services" identifies all categories of basic telecommunications services that fall within the scope of this restriction.
Coverage Basic telecommunications services
Sources
CHINA
Reported in 2017, last reported in 2025
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in China to deliver telecom services to end users. Moreover, passive infrastructure sharing is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
CHINA
Since June 2018, last amended in 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Special Administrative Measures (Negative List) for Foreign Investment Access (外商投资准入特别管理措施(负面清单))
Section 13 of the "Special Administrative Measures (Negative List) for Foreign Investment Access" stipulates that foreign investment in Internet news and information services, Internet publishing services, Internet audio-visual programme services, and cyber culture operations, excluding music, is prohibited. The prohibition also extends to Internet public information services, except in relation to content that has been liberalised in accordance with China’s commitments under the World Trade Organization.
Coverage Internet news and information services, Internet publishing services, Internet audio-visual programme services, cyber culture operations, and Internet public information services
CHINA
Since June 2018, last amended in 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Special Administrative Measures (Negative List) for Foreign Investment Access (外商投资准入特别管理措施(负面清单))
Section 19 of the "Special Administrative Measures (Negative List) for Foreign Investment Access" provides that investment in the following areas shall be prohibited, namely aerial imaging and mapping, real 3D maps, electronic navigational charts, remote sensing geology, and the compilation of topographic maps.
Coverage Maps sector
CHINA
Since April 2003
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
China is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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CHINA
Since April 2007, extended in April 2019 and April 2025, until April 2030
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In April 2007, the Ministry of Commerce of the People's Republic of China announced anti-dumping duties on electrolytic capacitor paper (HS 480511, 480591) imported from Japan. This measure was revised and extended in April 2013, and then in April 2019 and in April 2025. The rate of duty imposed ranges from 15% to 40.83%, depending on the company. Electrolytic capacitor paper is used in an aluminum electrolytic capacitor that is a component of home electric appliances, computers, and more. This paper is used to retain electrolytic solution and insulation between the cathode foil and anode foil as main functions.
Coverage Product: Paper for electrolytic capacitor (HS 480511, 480591)
Country: Japan
Country: Japan
CHINA
Since August 2014, extended in August 2020
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In August 2014, the Ministry of Commerce of the People's Republic of China (MOFCOM) announced anti-dumping duties on single-mode optical fibres imported from India. In August 2020, the MOFCOM reported that it would continue to impose antidumping duties for another five years (until August 2025). The rate of duty imposed ranges from 7.4% to 30.6%, depending on the company. China’s Ministry of Commerce announced that on 14 August 2025 it had initiated an expiry review of the existing measures, during which the Customs Tariff Commission of the State Council will maintain the anti‑dumping duties without modification, thereby leaving both the scope of application and the duty rates unchanged.
Coverage Product: Single-mode optical fibre (HS 900110, 901890)
Country: India
Country: India
CHINA
Since August 2015, extended in 2018 and July 2024, until 2029
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
China imposes anti-dumping duties on optical fibre preforms imported from Japan and the United States, with current rates of 14.4%-31.2% for Japanese products and 17.4%-41.7% for those from the United States. The measures were first introduced in August 2015 for two years, extended in 2018 for a further five years, and renewed again in July 2024 for an additional five-year period. Optical fibre preforms are a key input in the manufacture of optical fibres, which are used to transmit signals through various types of optical cables.
Coverage Product: Optical fibre preform (HS 70022010)
Countries: Japan, United States
Countries: Japan, United States
CHINA
Since January 2005, extended in January 2011, 2017 and 2022, until January 2027
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In January 2005, the Ministry of Commerce of the People's Republic of China announced anti-dumping duties on non-displacement single-mode optical fibres (used, for example, for long-distance telephony and multichannel television broadcasting systems) (HS code: 9001.1000) imported from Japan and South Korea. This measure was reviewed and extended in January 2011 and, subsequently, in January 2017 and January 2022. The rate of duty imposed on imports originating in Japan is 46%, while imports originating in South Korea range from 7.9% to 46%, depending on the company.
Coverage Product: Dispersion unshifted single-mode optical fibres (HS 9001.1000)
Countries: Japan, South Korea
Countries: Japan, South Korea
CHINA
Since April 2011, extended in April 2017 and 2022, until April 2027
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In April 2011, the Ministry of Commerce of the People's Republic of China announced anti-dumping duties on non-displacement single-mode optical fibres (used, for example, for long-distance telephony and multichannel television broadcasting systems) (HS code: 9001.1000) imported from the EU and the U.S. This measure was reviewed and extended in April 2017 and, subsequently in April 2022. The duty rate on imports originating from the European Union ranges from 12.9% to 29.1%, depending on the company. The duty rate on imports originating from the United States ranges from 33.3% to 78.2%, depending on the company.
Coverage Product: Dispersion unshifted single-mode optical fibres (HS 9001.1000)
Countries: European Union, United States
Countries: European Union, United States
CHINA
Since June 2002, entry into force in January 2003, last amended in August 2014
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Government Procurement Law of the People's Republic of China (中华人民共和国政府采购法)
Art. 10 of the Government Procurement Law stipulates that government procurement should prioritise domestic goods, construction works, and services, except where such items are unavailable within China or cannot be obtained there on reasonable commercial terms, where they are intended for use outside China, or where other laws or administrative regulations provide otherwise. It is reported that, under both its government procurement framework and its tendering and bidding regime, China continues to implement policies that favour products, services, and technologies produced or developed by Chinese‑owned and Chinese‑controlled enterprises, through both explicit and implicit requirements that impede fair competition by foreign firms. In practice, foreign companies frequently report that tender documentation requires “domestic brands” or “indigenous designs”, and, in the absence of clear and authoritative rules defining what constitutes a “domestic product”, procurement officials tend to adopt a cautious approach by preferentially sourcing from domestic Chinese enterprises.
Coverage Horizontal
Sources
- https://web.archive.org/web/20210620190646/http://www.cpppc.org/en/flfg/994689.jhtml
- https://flk.npc.gov.cn/detail?id=2c909fdd678bf17901678bf77e170753&title=中华人民共和国政府采购法
- https://web.archive.org/web/20260428020926/https://ustr.gov/sites/default/files/files/Press/Reports/2025NTE.pdf
- https://web.archive.org/web/20240718080538/https://www.wto.org/english/tratop_e/tpr_e/s458_e.pdf
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CHINA
Since July 2014
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Report by the National Development and Reform Commission of China and the Ministry of Finance
A report by the National Development and Reform Commission of China and the Ministry of Finance bans the purchase of certain foreign IT products for selected government procurement lists. For example, one government procurement list banned ten Apple Inc. products, including the iPad, iPad Mini, MacBook Air and MacBook Pro.
A separate procurement list includes some Apple computers that departments can continue to buy on a smaller scale, i.e. purchases totalling less than 1.2 million yuan (USD 195,000). Products from Dell Inc., Hewlett-Packard Co. and Chinese maker Lenovo Group Ltd. were included on both lists. This ban applies to all central Communist Party departments, government ministries and local governments.
A separate procurement list includes some Apple computers that departments can continue to buy on a smaller scale, i.e. purchases totalling less than 1.2 million yuan (USD 195,000). Products from Dell Inc., Hewlett-Packard Co. and Chinese maker Lenovo Group Ltd. were included on both lists. This ban applies to all central Communist Party departments, government ministries and local governments.
Coverage Apple Inc. products including the iPad, iPad Mini, MacBook Air and MacBook Pro as well as some Apple computers
Sources
- https://web.archive.org/web/20211025203953/http://www.globaltradealert.org/state-act/7494
- https://web.archive.org/web/20231202133443/http://www.bloomberg.com/news/articles/2014-08-06/china-said-to-exclude-apple-from-procurement-list
- https://web.archive.org/web/20230327041248/http://chinadigitaltimes.net/2014/08/apple-excluded-chinese-government-procurement/
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CHINA
Since June 2014
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Result of the public tender for central government procurement of electronic information products of 2014 (Vol. 21, GC-HJ140283) (2014年中央政府采购电子信息产品公开招标结果 (Vol. 21, GC-HJ140283))
In June 2014, the Centre of Public Procurement of the Central Government issued the result of the public tender for central government procurement of electronic information products of 2014 (Vol. 21, GC-HJ140283). Under the "Antivirus Software" category, all foreign security providers such as Kaspersky and Symantec were excluded from the list. Only five Chinese providers, i.e. 360, Jiangmin, Rising, Kingsoft, and KILL, are listed for national security consideration.
Coverage Foreign security providers of antivirus software
Sources
- https://web.archive.org/web/20211025203955/https://www.globaltradealert.org/state-act/6887
- https://web.archive.org/web/20200324133026/https://chinadigitaltimes.net/2014/08/china-bars-foreign-antivirus-cybersuspicion-deepens/
- https://web.archive.org/web/20241202144451/http://www.ctba.org.cn/list_show.jsp?record_id=230637
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