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THE THIRD LIFT OF RESTRICTIONS ON MAINLAND CAPITAL INVESTMENT IN TAIWAN



On 19 March 2012, Executive Yuan approved an amendment of the Industries & Items in Taiwan Open for Mainland People's Investment. Some additional industries and items in Taiwan were open for mainland capital investment, including 115 manufacturing industries, 23 service industries, and 23 public work items. Restrictions on some items in manufacturing sector already open for mainland capital investment were also amended. After this lift, 97% of the manufacturing sector is open and 51% of the services sector and public work sector is open.
 
Main points of this lift are:
 
l Manufacturing sectore
 
  1.  115 items were newly opened, where the following restrictions were imposed on 33 of them based on the characters of related industries:
 
     (1)  Investment could be made on existing businesses only and the holding ratio may not exceed 50%: 31 items, including food manufacturing (17 items), non-alcoholic beverage manufacturing, pulp, paper & paper manufacturing (5 items), chemical products manufacturing, motorcycle manufacturing, iron and steel smelting, and screws & nuts manufacturing.
 
     (2)  May not have control power and shall submit an industrial cooperation strategy and pass an ad hoc review: 2 items, light emitting diode (LED) manufacturing and solar cell manufacturing, were newly opened.
 
  2.  7 items such as basic chemical materials manufacturing have the same restrictions as those of foreign investment. No restrictions were imposed on the rest 75 items.
 
  3.  Restrictions on five key industries, including (1) Integrated-circuit (IC) manufacturing; (2) Semiconductor packaging and testing; (3) LCD panel and related components manufacturing; (4) Metal cutting tool manufacturing; and (5) Machinery and equipment for electronics and semiconductor manufacturing, were changed from "the holding ratio of mainland capital investment may not exceed 10%" to "the mainland capital may not have control power and shall submit an industrial cooperation strategy and pass the review of an ad hoc team."
 
l Services sectors
 
  1.  23 items were newly opened, where the following restrictions were imposed on 8 of them based on the characters of related industries:
 
     (1)  2 items, mass rapid transit transport systems and other services to land transportation, must pass the ad hoc review of the industry competent authority and may not have control power over the invested business.
 
     (2)  Venture capital companies: may not have control power over invested businesses and reinvested companies.
 
     (3)  Advertising: outdoor advertising and other advertising only, general advertising was not allowed.
 
     (4)  Other uncategorized professional scientific and technical services: energy technology services only.
 
     (5)  Leasing of other machinery and equipment: telecommunications equipment, medical mechanical equipment, and electrical equipment were not allowed.
 
     (6)  Cleaning services: building-cleaning services only.
 
     (7)  Car repairing: investment on "State Road Service Area" or investment on car repairing services incidentally operated by automobile manufacturing businesses or motor vehicle wholesalers only.
 
  2.  As for the rest 15 items, such as the leasing industry, no restrictions were imposed.
 
l Public works:
 
  1.  23 items were newly opened, where additional restrictions were imposed on 14 of them:
 
     (1)  May invest through joint venture only and may not have control power: Large-scale logistics centers
 
     (2)  With limited range of investment: including roads: state road service areas only; transfer stations, stations, and dispatching stations: road passenger transport only; funeral facilities established according to the law: funeral parlor and crematorium only.
 
     (3)  To be determined case by case: other social welfare facilities determined by competent authorities.
 
     (4)  Holding ratio shall be less than 50% and may not have control power: urban highways, mass transit systems, bridges and tunnels, public cultural institutions, and historic buildings and its facilities.
 
  2.  As for the rest 9 items, such as gondola systems, no restrictions were imposed.
 
Ministry of Economic Affairs will keep reviewing the restrictions on mainland capital investment and open industries and items for mainland capital investment accordingly.
 
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