Signed on 18 December 2017 between the Mainland and Macao, the Mainland and Macao Closer Economic Partnership Arrangement Investment Agreement (hereafter referred to as CEPA Investment Agreement) is a new subsidiary agreement providing a comprehensive coverage of admission of investments and protection and promotion of investment, etc., conforming to international rules and combining the features of the two places. Offering a high level of liberalisation and strong protection, it will provide a more systematic institutionalised protection for economic and trade exchange and cooperation between the two places. (Please click here for the CEPA Investment Agreement)

Definition and Qualification Verification of “Macao Investor”

Generally speaking, natural persons and juridical persons are entitled to the preferential treatments accorded by the Mainland provided that they fulfill the definition stipulated in Annex 1 to CEPA Investment Agreement. A natural person refers to a permanent resident of the Macao Special Administrative Region, whereas a juridical person means any legal entity that is registered in accordance with the Macao Commercial Code, Macao Commercial Registration Code or other relevant laws and regulations and has engaged in substantive business operations in Macao for 3 years or more.

Juridical person: Apply to the Economic and Technological Development Bureau (DSEDT) for a Macao Investor Certificate before applying to Mainland authorities for investing in the Mainland with preferential treatment under CEPA. Enterprises may submit the application form, declaration and other relevant supporting documents online or in person. (The procedures and forms for application for Macao Investor Certificate can be downloaded at the DSEDT website)

Natural person: not required to apply for a MI certificate, but identification document issued by the Macao Identification Bureau is required when applying to the Mainland authorities for obtaining preferential treatments under CEPA.

Mediation Mechanism for Investment Disputes

In December 2017, the Mainland and Macao signed the Investment Agreement under CEPA. In its respect of investment protection, the two sides jointly established a dispute resolution solution that conforms with the “One Country, Two Systems” principle and accommodates the needs of the two places, comprising of amicable consultation, complaint coordination, notification and coordination of the Committee on Investment, mediation and judicial proceedings, to provide a comprehensive and effective systematic arrangement for remedy and protection of the rights of investors of the two places.

Mediation Mechanism for Investment Disputes

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