2 The terms of the contract, concluded in accordance with Chinese laws, regulations and other measures, establishing a "contractual joint venture", govern such matters as the mode of operation and management of the joint venture, as well as the investments or other contributions of the joint venture. joint venture parties. They cannot provide services that are not related to the service activity that is the subject of the agreement. The Chinese party involved in the contract will be a legal entity whose function is to provide educational services.
The supply of that service must be performed on a fee or contractual basis (installation/maintenance contract) between the builder of the machinery or equipment and its owner. They cannot perform services that are not related to the service activity that is the object of the contract and must have the appropriate technical (professional) qualifications related to the service to be provided. The scope of business of foreign representative offices is only as follows: consultancy on the legislation of the country/region where the lawyers of the law firm are allowed to engage in the professional work of the lawyer, as well as on international conventions and practices;
Sector or Subsector Sector or Subsector Sector or Subsector Sector or Subsector
CPC 75121, except those specifically reserved for Chinese postal authorities under the related law at the time of China's accession to the WTO on 11 December 2001). - added services including the following:. j) Online information and database search. k) Electronic Data Interchange (l) Enhanced/Value Added Fax. including save and forward, save and retrieve). m) Code and protocol conversion (n) On-line information and/or data. 3 China's commitments are scheduled in accordance with the following: Notes for Planning Basic Telecommunications Services Commitments (S/GBT/W/2/REV/1) and Market Access Restrictions for Spectrum Availability (S/GBT/W/3) attached hereto.
All international telecommunications services will pass through gateways established with the approval of China's telecommunications authorities, which will act as an independent regulatory authority in accordance with the principles of paragraph 5 of the Reference Document. Further liberalization of this sector, including the permitted level of equity participation, will be discussed in services negotiations during the new round of trade talks.
Chinese-invested construction projects that are difficult to implement by Chinese construction companies alone can be jointly carried out by Chinese and foreign construction companies with the approval of the provincial government.
DISTRIBUTION SERVICES (as defined in Schedule 2) A. Sector or Subsector Sector or Subsector Sector or Subsector Sector or Subsector. Foreign invested enterprises may distribute their products. manufactured in China, including those excepted products as listed in the market access or sector or sub-sector column, and provide subordinate services as defined in Annex 2. Foreign service providers are allowed to provide full range of related subordinate services, including after-sales services, as defined in Annex 2, for the products they distribute. For such chain stores with more than 30 outlets, foreign majority ownership shall not be permitted if those chain stores distribute any of the following products: books, newspapers, magazines, pharmaceuticals, pesticides, mulch films, processed oil, chemical fertilizers and products listed in Annex 2a of the Protocol of China's WTO Accession.
7 See paragraph 310 of the Working Group Report on China's Accession to the WTO.
EDUCATIONAL SERVICES A. Primary education services
ENVIRONMENTAL SERVICES
FINANCIAL SERVICES A. All Insurance and Insurance-
Scope of business Foreign non-life insurance companies are allowed to provide "master policy" insurance/commercial risk insurance of a large scale, which has no geographical restrictions. Foreign property insurance companies can provide a full range of property insurance services to both foreign and domestic customers. Foreign insurance companies are allowed to provide health insurance, individual/group insurance and pension/annuity insurance for foreigners and Chinese.
Foreign insurance companies are permitted to provide reinsurance services for life and non-life insurance as a branch, joint venture or wholly foreign owned. subsidiary, without geographical or quantitative restrictions on the number of licenses issued. Qualifications for establishing a foreign insurance institution are as follows:. the investor must be a foreign insurance company with more than 30 years of establishment experience in a WTO member. it must have a representative office for two consecutive years in China. it must have total assets of more than US$5 billion at the end of the year preceding the application, except for insurance brokers. For foreign currency business, foreign financial institutions are permitted to provide services in China without restrictions in terms of clients.
As for financial leasing services, foreign financial leasing companies may provide financial leasing services at the same time as domestic companies. The criteria for permission to trade in China's financial services sector are purely prudential in nature (i.e. they do not include economic needs testing or quantitative restrictions on licensing). Foreign financial institutions that meet the following condition are allowed to establish a subsidiary of a foreign bank or foreign finance company in China: Total assets exceeding US$10 billion at the end of the year preceding the filing of the application.
Foreign financial institutions that meet the following condition are allowed to establish a Sino-foreign joint bank or a Sino-foreign joint financing company in China:. total assets of more than US$10 billion at the end of the year before filing the application. The qualifications for foreign financial institutions to engage in local currency business are as follows: three years of business operation in China and being profitable for two consecutive years prior to application, otherwise none. Representative offices in China of foreign securities institutions may become Special Members of all Chinese stock exchanges.
Foreign securities institutions are permitted to establish joint ventures, with a foreign minority ownership of no more than 1/3, to engage (without a Chinese intermediary) in underwriting.
RECREATIONAL, CULTURAL AND SPORTING SERVICES (other than audiovisual services) D. Sporting and other recreational
TRANSPORT SERVICES A. Maritime Transport Services
The Chinese party will hold controlling shares or be in a dominant position in the joint ventures. 1) (a) Foreign computer reservation systems may provide services to Chinese aviation enterprises and aviation agents from. connecting through a Chinese computer reservation system. Below are the definitions and principles on the regulatory framework for basic telecommunications services.
A major supplier is a supplier which has the ability to significantly influence the terms of participation (taking into account price and supply) in the relevant market for basic telecommunications services as a result of:. a) control of essential facilities; or (b) use of its position in the market. Adequate measures shall be maintained with the aim of preventing suppliers who are alone or jointly a major supplier from engaging in or continuing anti-competitive practices. The above-mentioned anti-competitive practices include in particular: a) participate in anti-competitive cross-subsidisation.
A connection to a major supplier will be provided at any technically feasible point in the network. a) under non-discriminatory conditions (including technical standards and specifications) and rates and quality that is not less favorable than that provided for its own similar services or for similar services of unrelated service providers or for its subsidiaries or other branches;. 54 AC-TIS/SC3/PRC does not pay for network components or facilities that it does not need to provide the service; and. It is guaranteed that the main supplier will make public its interconnection contracts or interconnection reference offer.
Such obligations will not per se be considered anti-competitive, provided they are administered in a transparent, non-discriminatory and competitively neutral manner and are no more burdensome than necessary for the type of universal service defined by the Member. Where a license is required, the following will be made publicly available:. a) all the licensing criteria and the period normally required to take a decision on an application for a licence; and. The reasons for the refusal of a license will be disclosed to the applicant upon request.
All procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, will be carried out in an objective, timely, transparent and non-discriminatory manner.
O RGANIZATION
Many Members have entries in the market entry column of their plans indicating that commitments are "subject to spectrum/frequency availability" or similar wording. In light of the physical nature of spectrum and the limitations inherent in its use, it is understandable that Members may have sought to rely on these words to adequately protect legitimate spectrum management policies. However, it is doubtful that words such as "subject to spectrum/frequency availability" as listed in the market access column of many members' schedules achieve this objective.
Spectrum/frequency management is not per se a measure to be listed under Article XVI. Furthermore under the GATS each member has the right to exercise spectrum/frequency management, which may affect the number of service providers, provided it is done in accordance with Article VI and other relevant provisions of the GATS. Therefore, words such as "subject to availability of spectrum/frequency" are unnecessary and should be deleted from Members' schedules.
The main services provided in each sub-sector can be characterized as the resale of goods, accompanied by a number of related subsidiary services, including inventory management; assembly, sorting and sorting of bulk lots; splitting of bulk lots and redistribution into smaller lots; delivery services; refrigeration, storage, warehouse and garage services; sales promotion, marketing and advertising, installation and after-sales service including maintenance and repair and training. Commission Agents' Services consist of the sale on a fee or contract basis by an agent, broker or auctioneer or other wholesaler of goods/merchandise and related ancillary services. Wholesale trade consists of the sale of goods/merchandise to retailers to industrial, commercial, institutional or other professional business users or to other wholesalers and related ancillary services.
Retail services include the sale of goods/goods for personal or household consumption from a fixed location (eg shop, kiosk, etc.) or away from a fixed location and related ancillary services. Franchise services consist of the sale of the use of a product, trade name, or specific business format system in exchange for royalties or royalties. Product and trade name franchising involves the use of a trade name in exchange for royalties or royalties and may include an obligation to exclusively sell trade name products.
Business format franchising involves the use of an entire business concept in exchange for fees and royalties, and may include the use of a company name, business plan and educational materials, and related ancillary services.
