助力服务贸易迈入制度型开放新阶段

Core Viewpoint - The new Foreign Trade Law systematically upgrades international service trade by establishing a negative list management system for cross-border service trade, providing legal support for emerging fields such as digital trade and finance [1][2] Group 1: Legal Framework and Implementation - The new law incorporates the negative list management system for cross-border service trade, marking a significant step in China's institutional opening in the service trade sector [1][3] - This legal framework aligns with international high-standard trade rules, such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the Digital Economy Partnership Agreement (DEPA) [1] - The law reflects China's commitment to fulfilling obligations under the Regional Comprehensive Economic Partnership (RCEP), transitioning from a positive list to a negative list management model for service trade [2] Group 2: Focus on Cross-Border Service Trade - The negative list in the new law specifically targets cross-border service trade, applying uniformly to both foreign and domestic enterprises, thus creating a unified regulatory framework [2][3] - The law signifies a shift from an "element flow type" to a "rules and system type" in service trade, enhancing the legal certainty and operational scope for businesses [3] Group 3: Support for Digital and Green Trade - Digital trade and green trade are explicitly included in the legal framework, with the law supporting the development of new business models such as cross-border e-commerce and overseas warehouses [3][4] - The law mandates the establishment of corresponding rule systems for digital trade and green trade, promoting international recognition of digital certificates and electronic signatures [3][4] Group 4: Compliance and Regulatory Requirements - The new law emphasizes compliance through "full-chain supervision," requiring businesses to adhere to strict regulations regarding cross-border service trade activities [5] - Companies must ensure compliance with data security and intellectual property regulations, as the law outlines specific obligations related to data protection and the handling of intellectual property rights [5]