Chinese citizens, like all foreign buyers, have the opportunity to purchase goods and services in Italy, respecting Italian and European regulations. This includes the purchase of consumer goods, real estate, tourism services, and more.

As for the purchase of goods, there are no particular restrictions for Chinese citizens, as long as they comply with tax and import regulations, such as paying VAT and any customs duties if they take the goods out of Italy.

If instead we are referring to legal, commercial or real estate investment or company participation issues, there are specific procedures and specific requirements (also regarding visas and residence permits) for Chinese citizens who intend to invest or settle in Italy. The rules, for non-EU countries, are mainly dictated by the so-called “preliminary provisions” of the Italian civil code, which contain the so-called “conditions of reciprocity”, i.e. conditions to be respected considering what an Italian citizen would be allowed to do in the country of reference. These conditions of reciprocity concern each non-EU country: a detailed list is provided and updated by the MAE (Ministry of Foreign Affairs).

According to a constant interpretation, however, the verification of the condition of reciprocity does not have to be carried out for citizens of those countries with which Italy has concluded bilateral agreements on the promotion and protection of investments (Bilateral Investment Treaties, or BITs), as in the case of the People’s Republic of China. In this case, in fact, the provision of ratification and execution of the agreement assumes the character of lex specialis with respect to the general provision of art. 16 of the Preliminary Provisions and the condition of reciprocity is deemed to exist with respect to the matters regulated.

The law firm can provide appropriate assistance and advice in this matter.

Avv. Doris Reichel