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Regional Economic Cooperation and Integration in Asia

INPUTS AND MATERIALS

Background Paper

China (Shanghai) Free Trade Zone
Published by
Deutsche Gesellschaft für
Internationale Zusammenarbeit (GIZ) GmbH
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Regional Economic Cooperation and Integration in Asia
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Text by
Jonas Humpert
As at
December 2013
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Contents
I. Introduction

3

II. A general overview of the concept

4

III. Free Trade Zone – one concept, different terminologies

6

IV. In search of a definition

7

V. Implementation of the Shanghai FTZ

9

VI. The legislative basis of the Shanghai FTZ – an overview

10

6.1 The Framework Plan for the China (Shanghai) Pilot Free Trade Zone
6.2 Negative List

11
13

VII. Prospect

15

VIII. References

16

Regional Economic Cooperation and Integration in Asia

2
I. Introduction
The launching of a Free Trade Zone (FTZ) in Shanghai, the People’s Republic of China’s (China)
financial hub, at the end of September 2013, attracted a great deal of attention around the globe.
On its inauguration on September 29, Global Times reports that the highly anticipated China
(Shanghai) Pilot Free Trade Zone (中国(上海)自由贸易试验区) ,,will be key to enhance the
Renminbi’s (RMB) influence on the international financial stage and whether China could upgrade its integration into globalization from trade to finance” (Global Times 2013). To help attract foreign investments and companies parallel to considering the introduction of international law, Chinese policy makers have discussed the adoption of an international legal system
in the FTZ for the first time (South China Morning Post 2013). Against the backdrop of November’s 2013 Third Plenum of the 18th Communist Party of China (CPC) Central Committee – a
meeting that many observers expected to be a landmark event in China’s economic reforms –
the reduction of tariffs could eventually lead to a greater commitment on implementing an ambitious reform program (Pach 2013). The Third Plenum, which concluded on November 12
2013, stated in the sub-item about the construction of a new open economic system (构建开放
型经济新体制) that the Shanghai FTZ serves as a good example for a further promotion of the development of more FTZs within the Chinese mainland. The government explicated that it will
choose a certain number of places under the same conditions found in the Shanghai FTZ to develop similar FTZs and to form a network of high-standard FTZs opening up to the world
(Zhongguo Jingji Wang 2013).
However, when it comes to a comparison with the Shenzhen special economic zone model that
ushered in reforms and spectacular growth more than three decades ago, opinions tend to differ
sharply: ,,The next Shenzhen?”, was the headline of the October 5 episode of the Economist,
which calls cuts in corporate tax into question (The Economist 2013).
The main objective of this paper is to give an overview of the implementation of the Shanghai
FTZ as well as its distinctive characteristics. In order to contribute to a better understanding of
the present circumstances, it is inevitable to differentiate the Shanghai FTZ from other concepts
of FTZs. On the basis of past experiences with the implementation and enforcement of similar
economic zones in the international context, the findings help provide a clearer understanding
of the recently established Chinese FTZ and the potential for development.

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Regional Economic Cooperation and Integration in Asia
II. A general overview of the concept
FTZs are designed to facilitate the development of international trade and date back several
years. Due to exponential growth in world trade and improvements in transport efficiency, the
concept of FTZs has been utterly transformed and undergone substantial change within the last
50 years (UNESCAP 2005, p. 5). The predecessor of the modern FTZ should rightly be considered as an Irish invention. The Irish authorities decided in 1959 to transform the Shannon International Airport into a FTZ and attract international firms to setup manufacturing facilities.
In this way, the firms would help replace those jobs lost as a result of the airport’s decline and
provide new job opportunities. Subsequent events proved this rather innovative endeavour
right: The creation of 440 new industrial jobs within the first year and a total employment increase from 1,250 up to 2,200 in 1975 (Singa 2007, p. 1).
In 1970, there were ten developing countries throughout the world with at least one “Irish-style”
zone, rising to 46 by 1986, while seven more were currently under construction and at least five
countries were planning to implement a zone. The figures are even more convincing if one considers not only the number of countries but the total number of such zones. The number of previously 20 operational or near-operational zones in developing countries by 1970 shot up to a
total number of 175, with some 85 under construction and 25 in the stage of planning (Singa
2007, p. 2). Eventually, by 2006, 130 countries were said to have 3,500 zones (Singa 2007, p.3).
Since this topic is currently gaining momentum in China, the academic discourse quantifies between 1,200 and 2,300 FTZs around the world. 40 percent of those operating in developing
countries and 60 percent in developed countries.
Bearing the local conditions in mind, FTZs have been transformed and adapted to the realities
and situations of each region, evolving as an instrument of commercial policy and development
that complies with the needs and demands of the private and public sector (Sina Finance 2013;
Chen 2013, p. 12). Since the FTZ concept has been modified over the years many different terms
are in use. According to the purpose for which they were designed, the functions they fulfil, and
the regions they are implemented in, these are (Dabour 1999, p. 1): Free trade zone, export
processing zone, special economic zone, and industrial free zone, to name only a few of them
(Kusago & Tzannatos 1998, p. 31). Table one provides an overview of these terms.

Regional Economic Cooperation and Integration in Asia

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Table 1: The evolution of terminology

Term

Main users and date of first use

free trade zone
foreign trade zone
industrial free zone
free zone
maquiladores
export free zone
duty free export procession zone
export procession zone
special economic zone
investment promotion zone
free export zone
free export processing zone

Traditional term used since the 19th century
India (1983)
Ireland (pre-1970)
United Arab Emirates (1983)
Mexico (early 1970)
Ireland (1975)
Republic of Korea (1975)
Philippines (1977)
Peoples Republic of China (1979)
Sri Lanka (1981)
Republic of Korea
OECD (1984)

Source: Kusago, T, Tzannatos, Z 1998, p. 31.

As it can be seen from this overview, there is a wide spectrum of different terms, all claiming to
comply with the broadly formulated characteristics of a FTZ.
The need for some reflection on concepts will appear more clearly if one considers the different
labelling of what is basically the same concept. It is essential to firstly define and describe the
concept of FTZand its prime characteristics in order to distinguish it from other terms.

III. Free Trade Zone – one concept, different terminologies
All the abovementioned terms, except maqiladores, include a global applicability. Whereas, besides the FTZ, the terms Free Port (FP), Export Processing Zone (EPZ), Export Processing Regime (EPR), Special Economic Zone (SEZ), and Free Zone (FZ) are the most popular ones. The
latter often refers to FTZ, EPZ, and SEZ as a group.
The original FTZ concept was adopted in order to create commercial centres to accommodate
offshore processing. Special zones were set alongside international trade routes or at ports in
order to serve as strategic stopover points particularly for storage, repackaging, and labelling.
Free Port (FP) was the first term used to describe this endeavour. It refers to terms implemented in the last two centuries by the colonial and industrial powers on major trading routes,
like Hong Kong and Singapore by the British in the 19th century (Dabour 1991, p. 4-5).
Export Processing Zones (EPZ), by contrast, usually bear the distinctive feature of domestic or
foreign firms manufacturing or assembling goods in geographically or juridically bounded areas
for the purpose of export. The objective is to attract export-oriented enterprises to the zone by
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Regional Economic Cooperation and Integration in Asia
not charging them for custom duties on imported raw material or exported products (Johannson& Nilsson 1997, p. 2115). The main motivation for investing in EPZs is still to minimize the
costs of producing labour-intensive consumer goods, thanks to tax exemptions associated with
low wages (Cling et al. 2007, p. 1).
If the concept is applied to the whole territorial area of a country, the EPZ becomes an Export
Processing Regime (EPR), referring to an administrative rather than physical concept. Countries
like Fiji and Mauritius offer both domestic and foreign investors to setup their facilities without
territorial constraint and have the same privileges as investors in EPZ do have in their countries,
as long as they are provided with EPR status.
Lastly, Special Economic Zones (SEZ), widely-known in the Chinese context since its inauguration in the 1980s, should further be scrutinized against the backdrop of FTZs. The idea of SEZs is
to boost limited geographic areas to become centres for foreign and domestic export-oriented
investment as well as to help create a pro-business environment and decrease bureaucracy
(Dabour 1999, p. 5).

IV. In search of a definition
Before going further, it might be useful to reflect on what is exactly meant by FTZs. A closer look
into the academic discourse reveals a wide variety of different terminologies, although the
manifold definitions only vary marginally, if at all. The much quoted definition from the World
Bank from 1992 describes FTZ as “fenced-in industrial estates specializing in manufacturing for
exports that offer firms free trade conditions and a liberal regulatory environment” (World
Bank Industry and Energy Department 1992). In respect thereof, a joint publication by United
Nations Centre on Transnational Corporations and the International Labour Organization
(UNCTC/ILO), first published in 1988, pictures FTZs as “a clearly delineated industrial estate
which constitutes a free trade enclave in the customs and trade regime of a country, and where
foreign manufacturing firms producing mainly for export, benefit from a certain number of fiscal and financial incentives” (ILO n.d., p. 4). Dorsati Madani, however, comments, that both definitions are too restrictive and hence exclude a larger number of FTZs in developing countries,
which for instance are not geographically constrained in industrial estates. Yet, he speaks in
favour of a more inclusive definition and states both practical and theoretical reasons (Madani
1999, p. 14-15). Other terminologies closely resemble each other, relating on FTZ as ,,relatively
small, geographically separated areas within a country, the purpose of which is to attract export-oriented industries by offering them favorable investment and trade conditions as compared to other parts of the host country”, or simply referring to the above mentioned definitions
(Kusago&Tzannatos 1998, p. 5). Finally, Nabil Dabour provides a more exact and trade-focused
Regional Economic Cooperation and Integration in Asia

6
delineation of FTZ, clearly differentiating the concept from FPZs. By describing them as physically or administratively located outside the national customs territory, unrestricted trade is
permitted with the outside world and merchandise may be moved into and out of the zones,
free of customs duty, stored in warehouses for varying periods, and re-packed for re-export and
re-shipment (Dabour 1991, p. 4). “As a general rule, he states, FTZs programmes can be used in
a country where suitable conditions for export-oriented industry cannot be created on a countrywide basis because of infrastructure deficiencies and regulatory administrative obstacles”
(Dabour 1991, p. 27). Along these lines, FTZ should be harnessed as designated trade-oriented
areas which facilitate operations of import-dependent export industries and where generally no
permission is granted for industrial activity (Dabour 1991, p. 4/26).
Thus, it is inevitable to further determine a number of general characteristics and goals in order
to generate a better understanding of this widely diverse concept:
−

Above average business infrastructure: Tenants are provided with high-quality infrastructure in comparison to the standards of the host country, regarding land, office
space, utilities, logistics services, business services, and other facilities.
More flexible business regulations: Labour and other business related legislation is
more flexible compared to the laws and regulations applied to business located elsewhere in the host country, government red tape is kept to a minimum, and custom services are rationalized.
An offshore location: In order to move away from the markets where the finished products are measured on the basis of a low cost manufacturing, the FTZ is chosen as a commercial centre to accommodate offshore processing, mostly settled at ports or international trade routes.
Focus on export: Enterprises within the zone have their focus mainly or exclusively on
foreign markets.
Attractive incentive packages: Existence of incentives offered to foreign investments, including a waiver on import duties on raw materials, intermediate inputs and capital
goods as well as exemptions from the payment of sales tax on exported products and
other goods and services which are domestically purchased and used in their production.
In addition, this incentive package further comprises tax holidays and reduced tax rates
on corporate income or profits, linked to the export performance of companies or to the
percentage of exports in total production (UNESCAP 2005, p. 6-7).

−

−

−
−

All of the mentioned incentives fulfil three distinctive requirements of a subsidiary. Firstly, they
are a financial contribution, mostly in the form of revenue forgone. Secondly, they are provided
by the government or public body and lastly, they confer a benefit to the zone’s tenants due to a
comparative advantage over enterprises operating in the customs territory of the country (Torres 2007, p. 218).

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Regional Economic Cooperation and Integration in Asia
V. Implementation of the Shanghai FTZ
The Shanghai pilot free-trade zone was inaugurated on Sunday, September 29th on the outskirts
of China’s commercial capital, ranging 29 square kilometres in total and covering the following
four existing bonded zones: Waigaoqiao Free Trade Zone, Waigaoqiao Free Trade Logistics Park,
Pudong Airport Comprehensive Free Trade Zone, and Yangshan Free Trade Port Area (see table
2) (Hoganlovells 2013).

Table 2: A mapping of the Shanghai FTZ

Source: http://www.waigaoqiao.gov.cn/WebViewPublic/item_page.aspx?parentId=594&id=599[20 November 2013]

Granting permission for 25 Chinese and foreign companies together with 11 financial institutes
to register in the zone, the FTZ is believed to expand beyond the non-contiguous geographic
area to eventually cover the entire Pudong district of more than 1,200 square kilometres
(Hoganlovells 2013). The zone went into operation about a month ahead of a Communist Party
assembly that is supposed to unveil a strategy for changing China's economy and therefore had
been heavily promoted by Premier Li Keqiang as a symbol of China's commitment to economic
changes (South China Morning Post 2013).

Regional Economic Cooperation and Integration in Asia

8
With regard to the goals, the FTZ is set to promote trade and encourage foreign investment in
the country’s tightly regulated service industry. Furthermore, it aims to improve governance
and plans to let market forces rather than regulators set interest rates in order to experiment
with the convertibility of China’s tightly controlled currency (South China Morning Post 2013).
Generally speaking, the great hopes refer to the liberalisation of many investment sectors currently restricting foreign investment, structural changes, and improvements in the financial
sector as well as a further development of trade in goods within the scope of the FTZ
(Hoganlovells 2013).

VI. The legislative basis of the Shanghai FTZ – an overview
So far, competent Chinese Ministries issued a series of guiding principles and legislations in
order to successfully launch the FTZ, of which two are regarded essential: The Framework Plan
for the China (Shanghai) Pilot Free Trade Zone (中国(上海)自由贸易试验区总体方案),
passed by the State Council on September 27, 2013, and the Special Administrative Measures
(Negative List) on Foreign Investment Access to the China (Shanghai) Pilot Free Trade Zone (中
国(上海)自由贸易试验区外商投资准入特别管理措施(负面清单)), declared by the Shanghai Municipal Government on September 29 (China (Shanghai) Pilot Free Trade Zone 2013).
Furthermore, about 40 other measures announced by various industry regulators and other
agencies, including the China Banking Regulatory Commission, the Ministry of Finance, China
Insurance Regulatory Commission, China Securities Regulatory Commission, the Ministry of
Culture, General Administration of Customs, the People's Bank of China, the State Administration of Foreign Exchange, General Administration of Quality Supervision, Inspection and Quarantine, and the Administration of Industry and Commerce, are envisaged. In the context of the
implementation of the above mentioned legislation and measures, the Standing Committee of
the National People's Congress further issued a decision with immediate effect, suspending 11
administrative approval items regulated under the relevant foreign investment rules in order to
facilitate the process of setting up foreign-invested enterprises in the zone (Hoganlovells 2013).
The following sections provide an overview of the most significant regulations of the Framework Plan and Negative List.

6.1 The Framework Plan for the China (Shanghai) Pilot Free Trade Zone
One measure to develop a framework in line with international norms for investment and trade
refers to the acceleration of the functional transformation of the government and a deepening
reform effort in the administration system. There are plans aimed at the establishment of an
online platform to consolidate information and share them between different departments. A
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Regional Economic Cooperation and Integration in Asia
further step would be the setting up of a joint supervision and enforcement system that aims to
survey the areas of quality and technical supervision, food and drug supervision, intellectual
property, industry and commercial administration, and tax administration.
Furthermore, the transformation and upgrading of trade is being promoted. Multinational companies are encouraged to set up Asia-Pacific regional headquarters and/or operation centres in
the FTZ. Efforts are aimed at the promotion of Shanghai as the international trading hub, as a
special centre for cross-border payment transaction of trade in services and as platform for the
international exchange of goods in the fields of energy products, basic industrial raw materials,
and agriculture commodities. Financial leasing companies are allowed and encouraged to set up
projects and subsidiary corporations in order to carry out international and domestic leasing
business. Besides the promotion of cross-border e-business, the FTZ strives for a development
of the shipping service system as well as an increase in the number of flights for cargo traffic.
Moreover, the framework plan pushes innovation in the financial system, targeting the interest
rate liberalisation, cross-border use of the RMB, and capital account convertibility. The previously traded fixed assets by financial institutions are now supposed to be internationally exchanged within the framework of a foreign exchange administrative system, encouraging enterprises. The goal is to fully utilize both domestic and international market resources in order to
liberalize cross-border financial transactions. Foreign companies will gradually be allowed to
engage in commodity futures trading.
The establishment of a protection-oriented regulatory system is further proposed. Thus, certain
agreements in the State Council’s documents and some administrative regulations are set to
come to halt. This results in a temporarily adjustment, eventually leading to a stepwise reimplementation of those regulations by the end of 2016. Based on the establishment of a new
supervision model to monitor goods in regard to their import status, enterprises are now authorized to enter the zone without prior completion of the customs declaration formalities. The
simplification of import-export record lists, formalities on international business and LCL (less
than container load) will be put into service. The flow of goods between the FTZ and overseas or
other domestic areas will be further improved. Additionally, particular importance was attached
to the enhancement of the collaboration between relevant departments and the Shanghai Municipal People's Government to improve the protection of the economic and social security. A
supporting tax regime to promote trade and boost investment is currently being tested.
The Framework Plan also provides equal market access for foreign investors by loosening barriers to entry and eradicating former qualification threshold in the following six investment
areas, including 18 service sectors in total (Hoganlovells 2013).

Regional Economic Cooperation and Integration in Asia

10
Financial Services
This sector is categorized into a banking service, a financial service with a specialized health and
medical insurance service to allow the setting up of foreign invested specialized health and
medical insurance institutions as well as a financial leasing system. One of the most important
measures refers to the approval of qualified foreign financial institutions to set up wholly foreign-owned banks and Sino-foreign equity joint venture banks with eligible private capital as
well as the permission for qualified Chinese banks to conduct offshore business under the condition of improving related regulations and enhancing supervision.
Transportation Services
The shipping-oriented transportation service encloses the ocean transportation area with a
relaxation of limitations on foreign involvement in Sino-foreign equity joint venture and Sinoforeign cooperative joint venture international shipping enterprises. Furthermore, a participation of wholly foreign-owned ship management enterprises will be permitted.
Commerce and Trade Services
Value-added telecommunications as related to information transmission, software, and information technology service as well as entertainment/gaming consoles sales and service with
respect to the manufacturing and sales of entertainment and gaming consoles rank among
commerce and trade services.
Professional Services
The fourth investment area of professional services includes a lawyer service, credit information, the approval of Sino-foreign equity joint venture tourism companies to engage in overseas
tourism business activities and a human resources service. This service includes the allowance
of Sino-foreign equity joint venture human resources agencies with a foreign participation not
exceeding a maximum total of 70%, except investors from Hong Kong and Macau. The minimum
registered capital for foreign invested human resources agencies will be reduced from USD
300.000 to USD 125.000.
Moreover, investment management with the incorporation of foreign-invested joint-stock holding companies and a foreign-invested engineering design plan also counts to professional services. A “construction service” with wholly foreign-owned construction enterprises engaged in
Sino-foreign joint construction projects in Shanghai regardless of the extent of foreign participation in the project is further enhanced.

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Regional Economic Cooperation and Integration in Asia
Cultural Services
Foreign event management agencies will no longer be restricted to conduct business in the
fields of cultures, sports, and entertainment. Places of public entertainment and wholly foreignowned entertainment facilities are further established within the FTZ.
Public Services
Besides the approval of wholly foreign-owned medical institutions, Sino-foreign cooperative
joint venture in the fields of education and training, and vocational skills training will be allowed.

6.2 Negative List
Special Administrative Measures (Negative List) on Foreign Investment Access to the China
(Shanghai) Pilot Free Trade Zone (中国(上海)自由贸易试验区外商投资准入特别管理措施
(负面清单)) was released by the Shanghai Municipal People’s Government and labels the
different treatment for foreign and Chinese investors in the Shanghai FTZ. Such a concept of a
“negative list” approach towards foreign investment management reflects the intention to approve foreign investment in all sectors unless listed as prohibited or restricted under the list
(China Briefing 2013). Yet, where foreign investment will be banned or restricted within the
FTZ, in a departure from convention, no permission will be required to invest in other sectors
(Reuters 2013).
The “negative list”, as the first of its kind in mainland China, divides investment permissions
into broad categories - encouraged, allowed, restricted, or banned. Yet, however, this list bears a
resemblance to the central government's current catalogue of nationwide restrictions on foreign investment, officials reported that the list will be shortened over time as zone liberalisations gather steam and risks are better assessed (Reuters 2013).
The “negative list” is composed in accordance to the 2011 published ,,Classification and Codes of
National Economic Industries” (国民经济行业分类及代码), including 18 industry sectors without the (S) sector of public management, social security and social organization, and the (T)
sector referring to international organizations. For all the fields not listed, according to the
Shanghai municipal government, a prior approval system for foreign investment projects has
been now replaced by a registration system. Projects that could affect national and social security issues are further said to compile with the requirements (China (Shanghai) Pilot Free Trade
Zone 2013).
With respect to the restricted categories ranging from agriculture, mining etc. up to the vaguely
promulgated category of manufacturing, the “negative list” is compiled of hundreds of line-item
Regional Economic Cooperation and Integration in Asia

12
regulations that prevent foreign enterprises from investing in China’s tightly controlled media
organizations, setting up internet cafes or engaging in gambling businesses. The list, however,
itemized standards which allow foreign investment via joint-ventures with Chinese partner in
projects such as exploring shale gas and sea-bottom natural gas resources, but on the other hand
restricts participation in insurance brokerages and commodity futures trading companies
(Reuters 2013).

VII. Prospects
Bearing the laid-out facts of the Shanghai FTZ and the general concept in mind, the question
arises, why countries use FTZ schemes?
FTZs are one main policy tool at the disposal of, mostly, developing country governments. With
an economy that is dominated by distortionary trade, macro and exchange rate regulations, and
other regulatory governmental controls, the FTZ functions as an open market oases within that
economy (Madani 1999, p. 16-17).
In the view of the special characteristics and pro-competitive incentives, the establishment of
FTZs pursues imminent economic goals which all eventually have a positive effect on the economy: Firstly, providing jobs to tackle unemployment or under-employment problems in the host
country, as seen in the case of Ireland, and generating income. Secondly, encouraging technological transfer, knowledge spill-over, and demonstration effects, which eventually result in an
increase in production and quality standards as well as in extensive training of labour, staff, and
management by forcing local suppliers to manufacture at a higher level and help them engage in
the production of non-traditional products. Lastly, attracting foreign direct investment with a
larger capital stock for the host country as well as promoting non-traditional exports, which
may have a positive effect on the exchange rate (Economic and Social Commission for Asia and
the Pacific 2005, p. 7).
But, in respect of a deeper impact, FTZs are also considered to be an integral part to further
economy wide reforms (Madani 1999, p. 17). The Shanghai FTZ is primary seen as the extension
of the now 35 years lasting reform process (Chen 2013, p. 12). Thus, in March 2013 Li Keqiang
spoke of the Shanghai FTZ as a new round of reform and opening-up policy (Xinhua 2013).
However, Shanghai’s GDP growth is said to lag behind in a national comparison due to the rapid
economic development of other Chinese provinces, but is believed to position itself as a new
testing ground of a more progressive set of economic reforms. Hopes are high that the policies
might tackle the convertibility of the RMB and usher in freer flows of its currency in and out of
the nation as part of measures to loosen control over the Yuan and interest rates (Zhu 2013, p.
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Regional Economic Cooperation and Integration in Asia
16). In this light, hope is directed towards an overall opening-up of the economy. FTZs are said
to have a specific life span and hence losing their significance as countries implement further
reforms, while the FTZ’s exports and employment share drops, illustrated both by Taiwan and
South Korea (Madani 1999, p. 17).
The actual impact of FTZs on national economic development has been studied frequently.
However, since many study findings are time and country-specific or are out-of-date as the
world of FTZs changes rapidly, it is hard to measure their success. Some FTZ, like Singapore, the
Republic of Korea, and Mauritius, really boosted economic growth and have had a considerable
impact on industrial development, whereas others have failed to gather pace (Economic and
Social Commission for Asia and the Pacific 2005, p. 17.). Still, FTZs can basically represent a second-best practice model for countries aiming at a greater and more efficient integration into the
international markets without subjecting the entire economy to trade liberalisation and deregulation in the first place (Dabour 1991, p. 27).

Regional Economic Cooperation and Integration in Asia

14
VIII. References
Chen, G 2013, “Shanghai zimaoquchengli de xianshiyiyiyufazhansikao [Practical significance and
growing thoughts caused by the Shanghai FTZ]”, RedianToushi, vol. 0, no. 69, pp. 12-13.
China Briefing 2013, Shanghai Releases ‘Negative List’ for Foreign Investment in Shanghai Free Trade Zone.
Available from: <http://www.china-briefing.com/news/2013/09/30/shanghai-releasesnegative-list-for-foreign-investment-in-shanghai-free-trade-zone.html >. [25 November 2013].
China (Shanghai) Pilot Free Trade Zone 2013, Available from:
<http://www.waigaoqiao.gov.cn/WebViewPublic/item_page.aspx?parentId=625&id=635#>.
[25 November 2013].
China (Shanghai) Pilot Free Trade Zone, Special Administrative Measures (Negative List) on Foreign
Investment Access to the China (Shanghai) Pilot Free Trade Zone (2013), Available from:
<http://en.shftz.gov.cn/Negative%20List.pdf>. [23 November 2013].
Cling, JP, Razafindrakoto, M &Roubaud, F2007, Export Processing Zones in Madagascar: The impact of the
dismantling of clothing quotas on employment and labour standards, Institut de Recherche pour le
Développement, DIAL, Paris.
Dabour, NB 1999, “Free Trade Zones in the Aftermath of the Uruguay Round: Experience of Selected OIC
Member Countries”, Journal of Economic Cooperation, vol. 20, no. 4, pp. 1-33.
Davis,B and Silk, R 2013, China to Test Looser Grip on Economy: New Free-Trade Zone in Shanghai Opens.
Available from:
<http://online.wsj.com/news/articles/SB10001424052702304795804579100640245613408>.
[23 November 2013].
Economic and Social Commission for Asia and the Pacific 2005, Free Trade Zone and Port Hinterland
Development, United Nations, New York.
Global Times 2013, Shanghai's free trade zone a giant step forward. Available from:
<http://www.globaltimes.cn/content/814906.shtml#.UoHU-Se26_0>. [21 November 2013].
Hoganlovells 2013, China (Shanghai) Pilot Free Trade Zone – China’s Springboard
to a Free Market?, Available from: <http://www.hoganlovells.com/files/Publication/9a69c138d57a-47a9-b862-959ea17b718e/Presentation/PublicationAttachment/7ce248ac-cdca-456f8871a782337b8a31/13.10.10_China_Alert_China_%28Shanghai%29_Pilot_Free_Trade_Zone_%E
2%80%93_China%E2%80%99s_Springboard_.pdf>. [24 November 2013].
InterntaionalLabor Organizationn.d., Economic and social effects of multinational enterprises in
export processing zones, International Labour Office, Geneva.
Johannson, H, Nilsson, L 1997, “Export processing Zones as Catalysts,” World Development, vol. 25, no. 12,
pp. 2115-2128.
Kusago, T, Tzannatos, Z 1998, Export processing zones : Social Protection Discussion Paper No. 9802,
The World Bank, Washington D.C.
Madani, D 1999, A Review of the Role and Impact of Export Processing Zones, PREM – EP, Washington D.C.
Pach, J 2013, Shanghai Opens Free Trade Zone; Internet Restrictions Remain, The Diplomat, Available from:
<http://thediplomat.com/pacific-money/2013/09/29/shanghai-opens-free-trade-zone-internetrestrictions-remain/>. [21 November 2013].

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Regional Economic Cooperation and Integration in Asia
Reuters 2013, Shanghai trade zone publishes restrictions for foreign investment. Available from:
<http://www.reuters.com/article/2013/09/30/us-china-shanghai-idUSBRE98T05U20130930>.
[25 November 2013].
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the Shanghai FTZ: The three years to shape the future]. Available from:
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[21 November 2013].
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South China Morning Post 2013, China launches its first free-trade zone in Shanghai. Available from:
<http://www.scmp.com/news/china/article/1320509/china-launches-its-first-free-trade-zoneshanghai>. [25 November 2013].
South China Morning Post 2013, International law could be used in free-trade zones. Available from:
<http://www.scmp.com/business/china-business/article/1348877/international-law-could-beused-free-trade-zones>. [21 November 2013].
The Economist 2013, The next Shenzhen?.<http://www.economist.com/news/china/21587237-newenterprise-zone-could-spark-wider-market-reformsbut-only-if-bureaucrats-ease-their-grip>.
[21 November 2013].
Torres, RA 2007, “Free zones and the world trade organization agreement on subsidies and
countervailing measures”, Global Trade and Customs Journal, vol. 2, pp. 217-223.
World Bank Industry and Energy Department 1992, Export Processing Zones : Policy and Research Series
Paper 20, World Bank, Washington D.C.
Xinhuanet 2013, ErshibaPingfangGongliShiyanHuo Jiang QiaodongZhongguo Xin Yi Lun Gaige kaifang
[Twenty-eight square kilometer trials will probably kick off a new round of reform and
opening-up]. Available from: <http://news.xinhuanet.com/politics/201304/11/c_124565714.htm>. [23 November 2013].
ZhongguoJingji Wang 2013, ShibaJie San Zhongquanhui «Jueding»、Gongbao、Shuoming (Quanwen)
[Decision, Announcement, and Explanation of the Third Plenary Session of the 18th CPC
(Full Text)].Available from:
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[23 November 2013].
Zhu, N 2013, “Shanghai ziyoumaoyiqushiyangaigefengxian [reform risks of the Shanghai FTZ trial]”,
HongguanCelüe, vol. 35, pp. 16-17.

Regional Economic Cooperation and Integration in Asia

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Inputs and Materials: Background Paper - China (Shanghai) Free Trade Zone

  • 1. Regional Economic Cooperation and Integration in Asia INPUTS AND MATERIALS Background Paper China (Shanghai) Free Trade Zone
  • 2. Published by Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH Registered offices Bonn and Eschborn, Germany Regional Economic Cooperation and Integration in Asia China Office TaYuan Diplomatic Office 14 Liangmahe South Street, Chaoyang District 10600 Beijing, PR China T +86-10-8532-5344 F +86-10-8532-5744 rci-asia@giz.de www.giz.de Text by Jonas Humpert As at December 2013 GIZ is responsible for the content of this publication On behalf of Federal Ministry for Economic Cooperation and Development (BMZ) Regional development policy; Asia and South-East Asia Addresses of the BMZ offices BMZ Bonn Dahlmannstraße 4 53113 Bonn Germany Tel. +49 (0) 228 99 535 – 0 Fax +49 (0) 228 99 535 – 3500 poststelle@bmz.bund.de www.bmz.de BMZ Berlin Stresemannstraße 94 10963 Berlin Germany Tel. +49 (0) 30 18 535 - 0 Fax +49 (0) 30 18 535 - 2501
  • 3. Contents I. Introduction 3 II. A general overview of the concept 4 III. Free Trade Zone – one concept, different terminologies 6 IV. In search of a definition 7 V. Implementation of the Shanghai FTZ 9 VI. The legislative basis of the Shanghai FTZ – an overview 10 6.1 The Framework Plan for the China (Shanghai) Pilot Free Trade Zone 6.2 Negative List 11 13 VII. Prospect 15 VIII. References 16 Regional Economic Cooperation and Integration in Asia 2
  • 4. I. Introduction The launching of a Free Trade Zone (FTZ) in Shanghai, the People’s Republic of China’s (China) financial hub, at the end of September 2013, attracted a great deal of attention around the globe. On its inauguration on September 29, Global Times reports that the highly anticipated China (Shanghai) Pilot Free Trade Zone (中国(上海)自由贸易试验区) ,,will be key to enhance the Renminbi’s (RMB) influence on the international financial stage and whether China could upgrade its integration into globalization from trade to finance” (Global Times 2013). To help attract foreign investments and companies parallel to considering the introduction of international law, Chinese policy makers have discussed the adoption of an international legal system in the FTZ for the first time (South China Morning Post 2013). Against the backdrop of November’s 2013 Third Plenum of the 18th Communist Party of China (CPC) Central Committee – a meeting that many observers expected to be a landmark event in China’s economic reforms – the reduction of tariffs could eventually lead to a greater commitment on implementing an ambitious reform program (Pach 2013). The Third Plenum, which concluded on November 12 2013, stated in the sub-item about the construction of a new open economic system (构建开放 型经济新体制) that the Shanghai FTZ serves as a good example for a further promotion of the development of more FTZs within the Chinese mainland. The government explicated that it will choose a certain number of places under the same conditions found in the Shanghai FTZ to develop similar FTZs and to form a network of high-standard FTZs opening up to the world (Zhongguo Jingji Wang 2013). However, when it comes to a comparison with the Shenzhen special economic zone model that ushered in reforms and spectacular growth more than three decades ago, opinions tend to differ sharply: ,,The next Shenzhen?”, was the headline of the October 5 episode of the Economist, which calls cuts in corporate tax into question (The Economist 2013). The main objective of this paper is to give an overview of the implementation of the Shanghai FTZ as well as its distinctive characteristics. In order to contribute to a better understanding of the present circumstances, it is inevitable to differentiate the Shanghai FTZ from other concepts of FTZs. On the basis of past experiences with the implementation and enforcement of similar economic zones in the international context, the findings help provide a clearer understanding of the recently established Chinese FTZ and the potential for development. 3 Regional Economic Cooperation and Integration in Asia
  • 5. II. A general overview of the concept FTZs are designed to facilitate the development of international trade and date back several years. Due to exponential growth in world trade and improvements in transport efficiency, the concept of FTZs has been utterly transformed and undergone substantial change within the last 50 years (UNESCAP 2005, p. 5). The predecessor of the modern FTZ should rightly be considered as an Irish invention. The Irish authorities decided in 1959 to transform the Shannon International Airport into a FTZ and attract international firms to setup manufacturing facilities. In this way, the firms would help replace those jobs lost as a result of the airport’s decline and provide new job opportunities. Subsequent events proved this rather innovative endeavour right: The creation of 440 new industrial jobs within the first year and a total employment increase from 1,250 up to 2,200 in 1975 (Singa 2007, p. 1). In 1970, there were ten developing countries throughout the world with at least one “Irish-style” zone, rising to 46 by 1986, while seven more were currently under construction and at least five countries were planning to implement a zone. The figures are even more convincing if one considers not only the number of countries but the total number of such zones. The number of previously 20 operational or near-operational zones in developing countries by 1970 shot up to a total number of 175, with some 85 under construction and 25 in the stage of planning (Singa 2007, p. 2). Eventually, by 2006, 130 countries were said to have 3,500 zones (Singa 2007, p.3). Since this topic is currently gaining momentum in China, the academic discourse quantifies between 1,200 and 2,300 FTZs around the world. 40 percent of those operating in developing countries and 60 percent in developed countries. Bearing the local conditions in mind, FTZs have been transformed and adapted to the realities and situations of each region, evolving as an instrument of commercial policy and development that complies with the needs and demands of the private and public sector (Sina Finance 2013; Chen 2013, p. 12). Since the FTZ concept has been modified over the years many different terms are in use. According to the purpose for which they were designed, the functions they fulfil, and the regions they are implemented in, these are (Dabour 1999, p. 1): Free trade zone, export processing zone, special economic zone, and industrial free zone, to name only a few of them (Kusago & Tzannatos 1998, p. 31). Table one provides an overview of these terms. Regional Economic Cooperation and Integration in Asia 4
  • 6. Table 1: The evolution of terminology Term Main users and date of first use free trade zone foreign trade zone industrial free zone free zone maquiladores export free zone duty free export procession zone export procession zone special economic zone investment promotion zone free export zone free export processing zone Traditional term used since the 19th century India (1983) Ireland (pre-1970) United Arab Emirates (1983) Mexico (early 1970) Ireland (1975) Republic of Korea (1975) Philippines (1977) Peoples Republic of China (1979) Sri Lanka (1981) Republic of Korea OECD (1984) Source: Kusago, T, Tzannatos, Z 1998, p. 31. As it can be seen from this overview, there is a wide spectrum of different terms, all claiming to comply with the broadly formulated characteristics of a FTZ. The need for some reflection on concepts will appear more clearly if one considers the different labelling of what is basically the same concept. It is essential to firstly define and describe the concept of FTZand its prime characteristics in order to distinguish it from other terms. III. Free Trade Zone – one concept, different terminologies All the abovementioned terms, except maqiladores, include a global applicability. Whereas, besides the FTZ, the terms Free Port (FP), Export Processing Zone (EPZ), Export Processing Regime (EPR), Special Economic Zone (SEZ), and Free Zone (FZ) are the most popular ones. The latter often refers to FTZ, EPZ, and SEZ as a group. The original FTZ concept was adopted in order to create commercial centres to accommodate offshore processing. Special zones were set alongside international trade routes or at ports in order to serve as strategic stopover points particularly for storage, repackaging, and labelling. Free Port (FP) was the first term used to describe this endeavour. It refers to terms implemented in the last two centuries by the colonial and industrial powers on major trading routes, like Hong Kong and Singapore by the British in the 19th century (Dabour 1991, p. 4-5). Export Processing Zones (EPZ), by contrast, usually bear the distinctive feature of domestic or foreign firms manufacturing or assembling goods in geographically or juridically bounded areas for the purpose of export. The objective is to attract export-oriented enterprises to the zone by 5 Regional Economic Cooperation and Integration in Asia
  • 7. not charging them for custom duties on imported raw material or exported products (Johannson& Nilsson 1997, p. 2115). The main motivation for investing in EPZs is still to minimize the costs of producing labour-intensive consumer goods, thanks to tax exemptions associated with low wages (Cling et al. 2007, p. 1). If the concept is applied to the whole territorial area of a country, the EPZ becomes an Export Processing Regime (EPR), referring to an administrative rather than physical concept. Countries like Fiji and Mauritius offer both domestic and foreign investors to setup their facilities without territorial constraint and have the same privileges as investors in EPZ do have in their countries, as long as they are provided with EPR status. Lastly, Special Economic Zones (SEZ), widely-known in the Chinese context since its inauguration in the 1980s, should further be scrutinized against the backdrop of FTZs. The idea of SEZs is to boost limited geographic areas to become centres for foreign and domestic export-oriented investment as well as to help create a pro-business environment and decrease bureaucracy (Dabour 1999, p. 5). IV. In search of a definition Before going further, it might be useful to reflect on what is exactly meant by FTZs. A closer look into the academic discourse reveals a wide variety of different terminologies, although the manifold definitions only vary marginally, if at all. The much quoted definition from the World Bank from 1992 describes FTZ as “fenced-in industrial estates specializing in manufacturing for exports that offer firms free trade conditions and a liberal regulatory environment” (World Bank Industry and Energy Department 1992). In respect thereof, a joint publication by United Nations Centre on Transnational Corporations and the International Labour Organization (UNCTC/ILO), first published in 1988, pictures FTZs as “a clearly delineated industrial estate which constitutes a free trade enclave in the customs and trade regime of a country, and where foreign manufacturing firms producing mainly for export, benefit from a certain number of fiscal and financial incentives” (ILO n.d., p. 4). Dorsati Madani, however, comments, that both definitions are too restrictive and hence exclude a larger number of FTZs in developing countries, which for instance are not geographically constrained in industrial estates. Yet, he speaks in favour of a more inclusive definition and states both practical and theoretical reasons (Madani 1999, p. 14-15). Other terminologies closely resemble each other, relating on FTZ as ,,relatively small, geographically separated areas within a country, the purpose of which is to attract export-oriented industries by offering them favorable investment and trade conditions as compared to other parts of the host country”, or simply referring to the above mentioned definitions (Kusago&Tzannatos 1998, p. 5). Finally, Nabil Dabour provides a more exact and trade-focused Regional Economic Cooperation and Integration in Asia 6
  • 8. delineation of FTZ, clearly differentiating the concept from FPZs. By describing them as physically or administratively located outside the national customs territory, unrestricted trade is permitted with the outside world and merchandise may be moved into and out of the zones, free of customs duty, stored in warehouses for varying periods, and re-packed for re-export and re-shipment (Dabour 1991, p. 4). “As a general rule, he states, FTZs programmes can be used in a country where suitable conditions for export-oriented industry cannot be created on a countrywide basis because of infrastructure deficiencies and regulatory administrative obstacles” (Dabour 1991, p. 27). Along these lines, FTZ should be harnessed as designated trade-oriented areas which facilitate operations of import-dependent export industries and where generally no permission is granted for industrial activity (Dabour 1991, p. 4/26). Thus, it is inevitable to further determine a number of general characteristics and goals in order to generate a better understanding of this widely diverse concept: − Above average business infrastructure: Tenants are provided with high-quality infrastructure in comparison to the standards of the host country, regarding land, office space, utilities, logistics services, business services, and other facilities. More flexible business regulations: Labour and other business related legislation is more flexible compared to the laws and regulations applied to business located elsewhere in the host country, government red tape is kept to a minimum, and custom services are rationalized. An offshore location: In order to move away from the markets where the finished products are measured on the basis of a low cost manufacturing, the FTZ is chosen as a commercial centre to accommodate offshore processing, mostly settled at ports or international trade routes. Focus on export: Enterprises within the zone have their focus mainly or exclusively on foreign markets. Attractive incentive packages: Existence of incentives offered to foreign investments, including a waiver on import duties on raw materials, intermediate inputs and capital goods as well as exemptions from the payment of sales tax on exported products and other goods and services which are domestically purchased and used in their production. In addition, this incentive package further comprises tax holidays and reduced tax rates on corporate income or profits, linked to the export performance of companies or to the percentage of exports in total production (UNESCAP 2005, p. 6-7). − − − − All of the mentioned incentives fulfil three distinctive requirements of a subsidiary. Firstly, they are a financial contribution, mostly in the form of revenue forgone. Secondly, they are provided by the government or public body and lastly, they confer a benefit to the zone’s tenants due to a comparative advantage over enterprises operating in the customs territory of the country (Torres 2007, p. 218). 7 Regional Economic Cooperation and Integration in Asia
  • 9. V. Implementation of the Shanghai FTZ The Shanghai pilot free-trade zone was inaugurated on Sunday, September 29th on the outskirts of China’s commercial capital, ranging 29 square kilometres in total and covering the following four existing bonded zones: Waigaoqiao Free Trade Zone, Waigaoqiao Free Trade Logistics Park, Pudong Airport Comprehensive Free Trade Zone, and Yangshan Free Trade Port Area (see table 2) (Hoganlovells 2013). Table 2: A mapping of the Shanghai FTZ Source: http://www.waigaoqiao.gov.cn/WebViewPublic/item_page.aspx?parentId=594&id=599[20 November 2013] Granting permission for 25 Chinese and foreign companies together with 11 financial institutes to register in the zone, the FTZ is believed to expand beyond the non-contiguous geographic area to eventually cover the entire Pudong district of more than 1,200 square kilometres (Hoganlovells 2013). The zone went into operation about a month ahead of a Communist Party assembly that is supposed to unveil a strategy for changing China's economy and therefore had been heavily promoted by Premier Li Keqiang as a symbol of China's commitment to economic changes (South China Morning Post 2013). Regional Economic Cooperation and Integration in Asia 8
  • 10. With regard to the goals, the FTZ is set to promote trade and encourage foreign investment in the country’s tightly regulated service industry. Furthermore, it aims to improve governance and plans to let market forces rather than regulators set interest rates in order to experiment with the convertibility of China’s tightly controlled currency (South China Morning Post 2013). Generally speaking, the great hopes refer to the liberalisation of many investment sectors currently restricting foreign investment, structural changes, and improvements in the financial sector as well as a further development of trade in goods within the scope of the FTZ (Hoganlovells 2013). VI. The legislative basis of the Shanghai FTZ – an overview So far, competent Chinese Ministries issued a series of guiding principles and legislations in order to successfully launch the FTZ, of which two are regarded essential: The Framework Plan for the China (Shanghai) Pilot Free Trade Zone (中国(上海)自由贸易试验区总体方案), passed by the State Council on September 27, 2013, and the Special Administrative Measures (Negative List) on Foreign Investment Access to the China (Shanghai) Pilot Free Trade Zone (中 国(上海)自由贸易试验区外商投资准入特别管理措施(负面清单)), declared by the Shanghai Municipal Government on September 29 (China (Shanghai) Pilot Free Trade Zone 2013). Furthermore, about 40 other measures announced by various industry regulators and other agencies, including the China Banking Regulatory Commission, the Ministry of Finance, China Insurance Regulatory Commission, China Securities Regulatory Commission, the Ministry of Culture, General Administration of Customs, the People's Bank of China, the State Administration of Foreign Exchange, General Administration of Quality Supervision, Inspection and Quarantine, and the Administration of Industry and Commerce, are envisaged. In the context of the implementation of the above mentioned legislation and measures, the Standing Committee of the National People's Congress further issued a decision with immediate effect, suspending 11 administrative approval items regulated under the relevant foreign investment rules in order to facilitate the process of setting up foreign-invested enterprises in the zone (Hoganlovells 2013). The following sections provide an overview of the most significant regulations of the Framework Plan and Negative List. 6.1 The Framework Plan for the China (Shanghai) Pilot Free Trade Zone One measure to develop a framework in line with international norms for investment and trade refers to the acceleration of the functional transformation of the government and a deepening reform effort in the administration system. There are plans aimed at the establishment of an online platform to consolidate information and share them between different departments. A 9 Regional Economic Cooperation and Integration in Asia
  • 11. further step would be the setting up of a joint supervision and enforcement system that aims to survey the areas of quality and technical supervision, food and drug supervision, intellectual property, industry and commercial administration, and tax administration. Furthermore, the transformation and upgrading of trade is being promoted. Multinational companies are encouraged to set up Asia-Pacific regional headquarters and/or operation centres in the FTZ. Efforts are aimed at the promotion of Shanghai as the international trading hub, as a special centre for cross-border payment transaction of trade in services and as platform for the international exchange of goods in the fields of energy products, basic industrial raw materials, and agriculture commodities. Financial leasing companies are allowed and encouraged to set up projects and subsidiary corporations in order to carry out international and domestic leasing business. Besides the promotion of cross-border e-business, the FTZ strives for a development of the shipping service system as well as an increase in the number of flights for cargo traffic. Moreover, the framework plan pushes innovation in the financial system, targeting the interest rate liberalisation, cross-border use of the RMB, and capital account convertibility. The previously traded fixed assets by financial institutions are now supposed to be internationally exchanged within the framework of a foreign exchange administrative system, encouraging enterprises. The goal is to fully utilize both domestic and international market resources in order to liberalize cross-border financial transactions. Foreign companies will gradually be allowed to engage in commodity futures trading. The establishment of a protection-oriented regulatory system is further proposed. Thus, certain agreements in the State Council’s documents and some administrative regulations are set to come to halt. This results in a temporarily adjustment, eventually leading to a stepwise reimplementation of those regulations by the end of 2016. Based on the establishment of a new supervision model to monitor goods in regard to their import status, enterprises are now authorized to enter the zone without prior completion of the customs declaration formalities. The simplification of import-export record lists, formalities on international business and LCL (less than container load) will be put into service. The flow of goods between the FTZ and overseas or other domestic areas will be further improved. Additionally, particular importance was attached to the enhancement of the collaboration between relevant departments and the Shanghai Municipal People's Government to improve the protection of the economic and social security. A supporting tax regime to promote trade and boost investment is currently being tested. The Framework Plan also provides equal market access for foreign investors by loosening barriers to entry and eradicating former qualification threshold in the following six investment areas, including 18 service sectors in total (Hoganlovells 2013). Regional Economic Cooperation and Integration in Asia 10
  • 12. Financial Services This sector is categorized into a banking service, a financial service with a specialized health and medical insurance service to allow the setting up of foreign invested specialized health and medical insurance institutions as well as a financial leasing system. One of the most important measures refers to the approval of qualified foreign financial institutions to set up wholly foreign-owned banks and Sino-foreign equity joint venture banks with eligible private capital as well as the permission for qualified Chinese banks to conduct offshore business under the condition of improving related regulations and enhancing supervision. Transportation Services The shipping-oriented transportation service encloses the ocean transportation area with a relaxation of limitations on foreign involvement in Sino-foreign equity joint venture and Sinoforeign cooperative joint venture international shipping enterprises. Furthermore, a participation of wholly foreign-owned ship management enterprises will be permitted. Commerce and Trade Services Value-added telecommunications as related to information transmission, software, and information technology service as well as entertainment/gaming consoles sales and service with respect to the manufacturing and sales of entertainment and gaming consoles rank among commerce and trade services. Professional Services The fourth investment area of professional services includes a lawyer service, credit information, the approval of Sino-foreign equity joint venture tourism companies to engage in overseas tourism business activities and a human resources service. This service includes the allowance of Sino-foreign equity joint venture human resources agencies with a foreign participation not exceeding a maximum total of 70%, except investors from Hong Kong and Macau. The minimum registered capital for foreign invested human resources agencies will be reduced from USD 300.000 to USD 125.000. Moreover, investment management with the incorporation of foreign-invested joint-stock holding companies and a foreign-invested engineering design plan also counts to professional services. A “construction service” with wholly foreign-owned construction enterprises engaged in Sino-foreign joint construction projects in Shanghai regardless of the extent of foreign participation in the project is further enhanced. 11 Regional Economic Cooperation and Integration in Asia
  • 13. Cultural Services Foreign event management agencies will no longer be restricted to conduct business in the fields of cultures, sports, and entertainment. Places of public entertainment and wholly foreignowned entertainment facilities are further established within the FTZ. Public Services Besides the approval of wholly foreign-owned medical institutions, Sino-foreign cooperative joint venture in the fields of education and training, and vocational skills training will be allowed. 6.2 Negative List Special Administrative Measures (Negative List) on Foreign Investment Access to the China (Shanghai) Pilot Free Trade Zone (中国(上海)自由贸易试验区外商投资准入特别管理措施 (负面清单)) was released by the Shanghai Municipal People’s Government and labels the different treatment for foreign and Chinese investors in the Shanghai FTZ. Such a concept of a “negative list” approach towards foreign investment management reflects the intention to approve foreign investment in all sectors unless listed as prohibited or restricted under the list (China Briefing 2013). Yet, where foreign investment will be banned or restricted within the FTZ, in a departure from convention, no permission will be required to invest in other sectors (Reuters 2013). The “negative list”, as the first of its kind in mainland China, divides investment permissions into broad categories - encouraged, allowed, restricted, or banned. Yet, however, this list bears a resemblance to the central government's current catalogue of nationwide restrictions on foreign investment, officials reported that the list will be shortened over time as zone liberalisations gather steam and risks are better assessed (Reuters 2013). The “negative list” is composed in accordance to the 2011 published ,,Classification and Codes of National Economic Industries” (国民经济行业分类及代码), including 18 industry sectors without the (S) sector of public management, social security and social organization, and the (T) sector referring to international organizations. For all the fields not listed, according to the Shanghai municipal government, a prior approval system for foreign investment projects has been now replaced by a registration system. Projects that could affect national and social security issues are further said to compile with the requirements (China (Shanghai) Pilot Free Trade Zone 2013). With respect to the restricted categories ranging from agriculture, mining etc. up to the vaguely promulgated category of manufacturing, the “negative list” is compiled of hundreds of line-item Regional Economic Cooperation and Integration in Asia 12
  • 14. regulations that prevent foreign enterprises from investing in China’s tightly controlled media organizations, setting up internet cafes or engaging in gambling businesses. The list, however, itemized standards which allow foreign investment via joint-ventures with Chinese partner in projects such as exploring shale gas and sea-bottom natural gas resources, but on the other hand restricts participation in insurance brokerages and commodity futures trading companies (Reuters 2013). VII. Prospects Bearing the laid-out facts of the Shanghai FTZ and the general concept in mind, the question arises, why countries use FTZ schemes? FTZs are one main policy tool at the disposal of, mostly, developing country governments. With an economy that is dominated by distortionary trade, macro and exchange rate regulations, and other regulatory governmental controls, the FTZ functions as an open market oases within that economy (Madani 1999, p. 16-17). In the view of the special characteristics and pro-competitive incentives, the establishment of FTZs pursues imminent economic goals which all eventually have a positive effect on the economy: Firstly, providing jobs to tackle unemployment or under-employment problems in the host country, as seen in the case of Ireland, and generating income. Secondly, encouraging technological transfer, knowledge spill-over, and demonstration effects, which eventually result in an increase in production and quality standards as well as in extensive training of labour, staff, and management by forcing local suppliers to manufacture at a higher level and help them engage in the production of non-traditional products. Lastly, attracting foreign direct investment with a larger capital stock for the host country as well as promoting non-traditional exports, which may have a positive effect on the exchange rate (Economic and Social Commission for Asia and the Pacific 2005, p. 7). But, in respect of a deeper impact, FTZs are also considered to be an integral part to further economy wide reforms (Madani 1999, p. 17). The Shanghai FTZ is primary seen as the extension of the now 35 years lasting reform process (Chen 2013, p. 12). Thus, in March 2013 Li Keqiang spoke of the Shanghai FTZ as a new round of reform and opening-up policy (Xinhua 2013). However, Shanghai’s GDP growth is said to lag behind in a national comparison due to the rapid economic development of other Chinese provinces, but is believed to position itself as a new testing ground of a more progressive set of economic reforms. Hopes are high that the policies might tackle the convertibility of the RMB and usher in freer flows of its currency in and out of the nation as part of measures to loosen control over the Yuan and interest rates (Zhu 2013, p. 13 Regional Economic Cooperation and Integration in Asia
  • 15. 16). In this light, hope is directed towards an overall opening-up of the economy. FTZs are said to have a specific life span and hence losing their significance as countries implement further reforms, while the FTZ’s exports and employment share drops, illustrated both by Taiwan and South Korea (Madani 1999, p. 17). The actual impact of FTZs on national economic development has been studied frequently. However, since many study findings are time and country-specific or are out-of-date as the world of FTZs changes rapidly, it is hard to measure their success. Some FTZ, like Singapore, the Republic of Korea, and Mauritius, really boosted economic growth and have had a considerable impact on industrial development, whereas others have failed to gather pace (Economic and Social Commission for Asia and the Pacific 2005, p. 17.). Still, FTZs can basically represent a second-best practice model for countries aiming at a greater and more efficient integration into the international markets without subjecting the entire economy to trade liberalisation and deregulation in the first place (Dabour 1991, p. 27). Regional Economic Cooperation and Integration in Asia 14
  • 16. VIII. References Chen, G 2013, “Shanghai zimaoquchengli de xianshiyiyiyufazhansikao [Practical significance and growing thoughts caused by the Shanghai FTZ]”, RedianToushi, vol. 0, no. 69, pp. 12-13. China Briefing 2013, Shanghai Releases ‘Negative List’ for Foreign Investment in Shanghai Free Trade Zone. Available from: <http://www.china-briefing.com/news/2013/09/30/shanghai-releasesnegative-list-for-foreign-investment-in-shanghai-free-trade-zone.html >. [25 November 2013]. China (Shanghai) Pilot Free Trade Zone 2013, Available from: <http://www.waigaoqiao.gov.cn/WebViewPublic/item_page.aspx?parentId=625&id=635#>. [25 November 2013]. China (Shanghai) Pilot Free Trade Zone, Special Administrative Measures (Negative List) on Foreign Investment Access to the China (Shanghai) Pilot Free Trade Zone (2013), Available from: <http://en.shftz.gov.cn/Negative%20List.pdf>. [23 November 2013]. Cling, JP, Razafindrakoto, M &Roubaud, F2007, Export Processing Zones in Madagascar: The impact of the dismantling of clothing quotas on employment and labour standards, Institut de Recherche pour le Développement, DIAL, Paris. Dabour, NB 1999, “Free Trade Zones in the Aftermath of the Uruguay Round: Experience of Selected OIC Member Countries”, Journal of Economic Cooperation, vol. 20, no. 4, pp. 1-33. Davis,B and Silk, R 2013, China to Test Looser Grip on Economy: New Free-Trade Zone in Shanghai Opens. Available from: <http://online.wsj.com/news/articles/SB10001424052702304795804579100640245613408>. [23 November 2013]. Economic and Social Commission for Asia and the Pacific 2005, Free Trade Zone and Port Hinterland Development, United Nations, New York. Global Times 2013, Shanghai's free trade zone a giant step forward. Available from: <http://www.globaltimes.cn/content/814906.shtml#.UoHU-Se26_0>. [21 November 2013]. Hoganlovells 2013, China (Shanghai) Pilot Free Trade Zone – China’s Springboard to a Free Market?, Available from: <http://www.hoganlovells.com/files/Publication/9a69c138d57a-47a9-b862-959ea17b718e/Presentation/PublicationAttachment/7ce248ac-cdca-456f8871a782337b8a31/13.10.10_China_Alert_China_%28Shanghai%29_Pilot_Free_Trade_Zone_%E 2%80%93_China%E2%80%99s_Springboard_.pdf>. [24 November 2013]. InterntaionalLabor Organizationn.d., Economic and social effects of multinational enterprises in export processing zones, International Labour Office, Geneva. Johannson, H, Nilsson, L 1997, “Export processing Zones as Catalysts,” World Development, vol. 25, no. 12, pp. 2115-2128. Kusago, T, Tzannatos, Z 1998, Export processing zones : Social Protection Discussion Paper No. 9802, The World Bank, Washington D.C. Madani, D 1999, A Review of the Role and Impact of Export Processing Zones, PREM – EP, Washington D.C. Pach, J 2013, Shanghai Opens Free Trade Zone; Internet Restrictions Remain, The Diplomat, Available from: <http://thediplomat.com/pacific-money/2013/09/29/shanghai-opens-free-trade-zone-internetrestrictions-remain/>. [21 November 2013]. 15 Regional Economic Cooperation and Integration in Asia
  • 17. Reuters 2013, Shanghai trade zone publishes restrictions for foreign investment. Available from: <http://www.reuters.com/article/2013/09/30/us-china-shanghai-idUSBRE98T05U20130930>. [25 November 2013]. Sina Finance 2013, Zhou Hanmin Tan Shanghai Zimaoqu: San Nian Ding Qiankun [Zhou Hanmin discusses the Shanghai FTZ: The three years to shape the future]. Available from: <http://finance.sina.com.cn/money/bank/yhpl/20131014/100716981224.shtml>. [21 November 2013]. SingaBoyenge, JP 2007, ILO database on export processing zones, International Labour Office, Geneva. South China Morning Post 2013, China launches its first free-trade zone in Shanghai. Available from: <http://www.scmp.com/news/china/article/1320509/china-launches-its-first-free-trade-zoneshanghai>. [25 November 2013]. South China Morning Post 2013, International law could be used in free-trade zones. Available from: <http://www.scmp.com/business/china-business/article/1348877/international-law-could-beused-free-trade-zones>. [21 November 2013]. The Economist 2013, The next Shenzhen?.<http://www.economist.com/news/china/21587237-newenterprise-zone-could-spark-wider-market-reformsbut-only-if-bureaucrats-ease-their-grip>. [21 November 2013]. Torres, RA 2007, “Free zones and the world trade organization agreement on subsidies and countervailing measures”, Global Trade and Customs Journal, vol. 2, pp. 217-223. World Bank Industry and Energy Department 1992, Export Processing Zones : Policy and Research Series Paper 20, World Bank, Washington D.C. Xinhuanet 2013, ErshibaPingfangGongliShiyanHuo Jiang QiaodongZhongguo Xin Yi Lun Gaige kaifang [Twenty-eight square kilometer trials will probably kick off a new round of reform and opening-up]. Available from: <http://news.xinhuanet.com/politics/201304/11/c_124565714.htm>. [23 November 2013]. ZhongguoJingji Wang 2013, ShibaJie San Zhongquanhui «Jueding»、Gongbao、Shuoming (Quanwen) [Decision, Announcement, and Explanation of the Third Plenary Session of the 18th CPC (Full Text)].Available from: <http://www.ce.cn/xwzx/gnsz/szyw/201311/18/t20131118_1767104.shtml>. [23 November 2013]. Zhu, N 2013, “Shanghai ziyoumaoyiqushiyangaigefengxian [reform risks of the Shanghai FTZ trial]”, HongguanCelüe, vol. 35, pp. 16-17. Regional Economic Cooperation and Integration in Asia 16
  • 18. Other Publications by GIZ RCI The GIZ RCI Programme publishes regular updates on its activities to offer insights and disseminate regional knowledge on integration processes in Asia. To download please refer to http://www.scribd.com/Rci_ASIA or http://www.slideshare.net/RCI-Asia Inputs and Materials Cross-Border Cooperation and Social Implications of Economic Social Implications of Economic Trade Facilitation in Asia Integration Integration Newsletter Connect Asia To subscribe to our quarterly newsletter, simply select Connect Asia under “Project and Programme Newsletters” on http://www.giz.de/en/mediacenter/117.html http://www.giz.de/en/mediacenter/117.html. Connect Asia No. 2 Connect Asia No. 3 Activity Overview Cross-Border Economic Zones and Clusters Border