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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.
Coverage Apple Inc. products including the iPad, iPad Mini, MacBook Air and MacBook Pro as well as some Apple computers

CHINA

Since September 1990, entry into force in June 1991, last amended in November 2020

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Copyright Law of the People's Republic of China (中华人民共和国著作权法)
China has a copyright regime under the Copyright Law of the People's Republic of China. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 22 lists the exceptions, which include: the use of a published work for the purposes of the user's own private study, research or self-entertainment; and the use of a published work, within proper scope, by a State organ for the purpose of fulfilling its official duties; among others.
Coverage Horizontal

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

CHINA

Reported in 2021, last reported in 2025

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that concerns regarding online piracy in China persist, with rights holders continuing to emphasise the need for effective enforcement and clearer delineation of criminal liability for the manufacture, distribution, and export of circumvention devices, as well as for the adoption of additional measures to address online piracy.
Coverage Horizontal

CHINA

Last reported in 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Surrender of patents, source code or trade secrets to win public tenders/Restrictions on technology standards for public tenders
Reported restrictions on technology standards for public procurement
It is reported that stakeholders have expressed concern about a confidential 2022 document issued by the State‑owned Assets Supervision and Administration Commission (SASAC), known as Document 79, which is understood to set out a phased requirement for the exclusive adoption of “secure and controllable” ICT products across the information systems of the Chinese Government, the Chinese Communist Party and state‑owned enterprises. According to these reports, most government institutions in China are now procuring domestic technologies in preference to foreign solutions, even when the latter may be technologically superior, covering both hardware and software. If fully implemented, Document 79 would result in all governmental entities relying solely on domestic technology by 2027. It is further reported that China has invoked similar “secure and controllable” requirements in various regulatory measures since 2013, some of which have compelled the transfer or disclosure of source code or other forms of intellectual property.
Coverage ICT products

CHINA

Since January 2003, last amended in January 2014
Since May 2022
Since July 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Government Procurement Law of the People's Republic of China (中华人民共和国政府采购法)

Guofa (2022) No. 12 on a Package of Policy Measures (国发〔2022〕12号 揽子政策措施的通知)

Caiku (2022) No. 19 on Further Strengthening Government Procurement Support for Small and Medium-Sized Enterprises (财库〔2022〕19号 关于进一步加大政府采购支持中小企业力度的通知)
According to Art. 9 of the Government Procurement Law, government procurement must facilitate the achievement of China's policies for economic and social development, including but not limited to environmental protection, assistance to underdeveloped or ethnic minority areas, and the promotion of SMEs.
The Ministry of Finance (MOF) has issued a Notification on Further Supporting Small and Medium-sized Enterprises (SMEs) in Public Procurement (MOF Announcement No. 19) in response to the State Council's Notification on a Package of Policy Measures to Stabilize the Economy (Guo Fa 2022 No.12). This announcement outlines three primary directives for relevant procuring entities: (i) strict implementation of public procurement policies supporting SMEs; (ii) enhancement of price preferences for SMEs; (iii) augmentation of the proportion of reserves allocated for SMEs.
Furthermore, MOF Announcement No. 19 introduces significant modifications to the preferential treatment of SMEs in public procurement. The price deduction preferential rate for small and micro enterprises in goods and service procurement projects has been increased from the previously stipulated 6%-10% (as per Document No. 46 of Caiku 2020) to 10%-20%. Moreover, for large and medium-sized enterprises that form consortia with or subcontract to small and micro enterprises, the preferential rate has been elevated from 2%-3% to 4%-6%.
Coverage Horizontal

CHINA

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
China is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2002.
Coverage Horizontal

CHINA

Since June 2018, last amended in 2024
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)
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.
Coverage Value-added telecommunications services, including Internet data centre services and online data processing and transaction processing services

CHINA

Since December 2001, entry into force in January 2002, last amended in March 2022
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)
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

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 December 2020, entry into force in January 2021
Since April 2015
Since March 2011

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Measures on National Security Review of Foreign Investment (外商投资安全审查办法)

Measures for the National Security Review of Foreign Investment Pilot Free Trade Zones from the State Council General Office (国务院办公厅关于印发自由贸易试验区外商投资国家安全审查试行办法)

Circular of the General Office of the State Council on the Establishment of Security Review System Regarding Merger and Acquisition of Domestic Enterprises by Foreign Investors (国务院办公厅关于建立外国投资者并购境内企业安全审查制度的通知)
China’s national security review regime is primarily governed by the Measures on National Security Review of Foreign Investment (NSR Measures), issued on 19 December 2020 by the National Development and Reform Commission (NDRC) and MOFCOM. The NSR Measures build on earlier regulations, including the Circular of the General Office of the State Council on the Establishment of Security Review System Regarding Merger and Acquisition of Domestic Enterprises by Foreign Investors (2011 Circular) and the Measures for the National Security Review of Foreign Investment Pilot Free Trade Zones from the State Council General Office (Free Trade Zone Circular), which technically remain effective but have been rarely applied in practice.
The NSR Measures outline detailed rules for the national security review framework, managed by a Working Mechanism led by the NDRC and MOFCOM. The process consists of two stages: a General Review to assess whether a transaction requires further scrutiny, and a Special Review for a more in-depth assessment if potential national security risks are identified. According to Art. 4 of the Measures, the regime applies to foreign investments that: (i) involve control over enterprises in key sectors, such as critical infrastructure, technology, energy, and information services; or (ii) impact national security through equity acquisitions, asset purchases, or greenfield investments.
Furthermore, "control" is defined broadly, encompassing scenarios where foreign investors hold more than 50% equity, exert significant influence over operations or decision-making, or control key aspects of the business. It is reported that the NSR regime introduces clearer procedures compared to previous rules, it remains opaque regarding timelines, procedural details, and decision outcomes.
Coverage Sectors related to key industries or national economic security

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

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

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

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