Article 22.4. Termination
1. This Agreement shall remain in force unless either Party notifies the other Party in writing to terminate this Agreement. Such termination shall take effect 180 days after the date of receipt of the notification.
2. Within 30 days of notification under paragraph 1, either Party may request consultations regarding whether the termination of any provision of this Agreement should take effect on a later date than provided under paragraph 1. Such consultations shall commence within 30 days from the delivery of such request to the other Party.
Article 22.5. Relation to the Early Harvest Arrangement
As of the entry into force of this Agreement, in the event of any inconsistency between the provisions of this Agreement and the provisions of the Early Harvest Arrangement, the provisions of this Agreement shall prevail.
Article 22.6. Authentic Texts
This Agreement is done in duplicate in Chinese, Spanish and English languages. All texts shall be equally authentic. In case of any divergence, the English text shall prevail.
Conclusion
IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.
DONE in Beijing and Managua, on the thirty first day of August in the year of two thousand and twenty three, each Party shall keep one copy in Chinese, Spanish and English languages.
Attachments
Annex I. Cross-Border Trade in Services and Investment Non-Conforming Measures
Annex I. SCHEDULE OF CHINA
Explanatory Notes
1. The Schedule of China to this Annex sets out, pursuant to Articles 11.10 (Non- Conforming Measures) and Articles 8.6 (Non-Conforming Measures), China’s existing measures that are not subject to some or all of the obligations imposed by:
(a) Article 11.2 (National Treatment) or Article 8.2 (National Treatment);
(b) Article 11.3 (Most-Favored-Nation Treatment) or Article 8.3 (Most-Favored-Nation Treatment);
(c) Article 11.8 (Performance Requirements);
(d) Article 11.9 (Senior Management and Boards of Directors);
(e) Article 8.4 (Market Access); or
(f) Article 8.5 (Local Presence).
2. Each Schedule entry sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Obligations Concerned specifies the article(s) referred to in paragraph 1 that, pursuant to Articles 11.10.1(a) (Non-Conforming Measures) and Articles 8.6.1(a) (Non-Conforming Measures), do not apply to the non-conforming aspects of the Measures or the Description, as set out in paragraph 3;
(c) Level of Government indicates the level of government maintaining the scheduled measure(s);
(d) Measures (1) identifies the laws, regulations, or other measures for which the entry is made. A measure cited in the Measures element:
(i) means the measure as amended, continued or renewed as of the date of entry into force of this Agreement ; and
(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure;
(e) Description sets out the non-conforming aspects of the measure for which the entry is made.
3. In accordance with Article 11.10.1(a) (Non-Conforming Measures) and Article 8.6.1(a) (Non-Conforming Measures), and subject to Article 11.10.1(c) (Non-Conforming Measures) and Article 8.6.1(c) (Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the non-conforming aspects of the Description element, or the law, regulation, or other measure, as applicable, identified in the Measures element of that entry.
4. In the interpretation of a Schedule entry, all elements of the entry, as well as the articles against which the entry is made, shall be considered. Unless otherwise explicitly indicated in the entry, the Measures element shall prevail over all other elements, including where a difference exists between the Description element and the Measures element in the aspect of liberalization commitments.
5. Where there is overlap between the contents of Annex I and Annex II, notwithstanding the obligations a Party assumes under Article 11.10.1, and Article 8.6.1 and Annex I, the Party remains entitled to adopt or maintain relevant measures in accordance with Article 11.10.2, Article 8.6.2 and Annex II.
6. For greater certainty, unless otherwise specified, “all sectors” referred to in this Annex shall mean all sectors including financial services.
7. For the purposes of the Schedules of China to this Annex:
(a) “foreign investor” means any investor of the other Party or a non-Party.
(b) “foreign investor may not invest” means a foreign investor may not directly or indirectly invest, including by holding any shares, stock or other forms of rights or interest directly or indirectly, in the territory of China.
(c) “Chinese control” means the circumstances where the total investment proportion held by foreign investors, whether directly and indirectly, is not greater than 49%.
(d) “EJV” means investments may be made only in the form of equity joint venture.
8. For greater certainty, with respect to a reservation concerning the supply of a service, if the means of delivery is not specified or otherwise described or limited, the reservation shall apply to all means of delivery of the service.
Annex I Entry 1 – Seed Industry
Sector: Seed Industry
Obligations Concerned:
National Treatment (Article 11.2)
Level of Government
Central
Measures: Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021)，Article 1, 2, 3.
Description: Investment
1. Foreign investor may not invest in the research and development, cultivation or planting of the precious and quality varieties which are rare and special in China, and the production of the relevant reproductive materials thereof (including high quality genes in the industries of crop production, livestock industry and aquaculture ).
2. Chinese control is required for investments by foreign investors in the selection and breeding of new varieties of wheat and corn and seed production of wheat and corn.
3. Foreign investors may not invest in the selection and breeding of transgenic varieties of crops, livestock and poultry raised for breeding purpose, seeds and sprouts of aquatic products, and the production oftheir transgenic seeds (sprouts).
Annex I Entry 2–Fishery
Sector: Fishery/Services Incidental to Fishing
Obligations Concerned: National Treatment (Article 11.2 and Article 8.2) Most Favored Nation Treatment (Article 8.3)
Level of Government: Central
Measures: Fisheries Law of People’ s Republic of China (2013), full text;
Law on the Exclusive Economic Zone and the Continental Shelf (1998);
Law on the Territorial Sea and the Contiguous Zone (1992), Article 11;
Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021), Article 4;
Interim Provisions on the Administration of Fishery Activities of
Foreigners and Foreign Ships in the Territorial Sea of the People's Republic of China（2004）.
Description: Investment and Cross-border Trade in Services
1. Foreign investors may not invest in the fishing of aquatic products within the sea and inland waters under the jurisdiction of China.
2. Foreigners and foreign fishing vessels must obtain approval from Chinese government before entering the territorial waters of the People's Republic of China for carrying out fishery activities. If those persons and vessels belong to countries that have signed relevant accords or agreements with China, their activities shall be conducted in accordance with those accords or agreements.
Annex I Entry 3 –Exploration and Exploitation of Exclusive Economic Zone and Continental Shelf
Sector: Exploration and Exploitation of Exclusive Economic Zone and Continental Shelf
Obligations Concerned: National Treatment (Article 11.2)
Level of Government: Central
Measures: Law on the Exclusive Economic Zone and the Continental Shelf (1998), Article 7.
Description: Investment
Any international organization, foreign entity or individual must obtain approval from Chinese government for carrying out activities of exploring and exploiting natural resources in the exclusive economic zone of China or on the Chinese continental shelf, or drilling on the Chinese continental shelf for any purpose.
Annex I Entry 4 –Exploration, Exploitation and Smelting of Minerals
Sector: Exploration, Exploitation and Smelting of Minerals
Obligations Concerned: National Treatment (Article 11.2)
Level of Government: Central
Measures: The State Council Notice on Tungsten, Tin, Antimony, Ion Type Rare Earth Minerals Being Listed as Nation-wide Protective Specific Minerals for Mining (1991), Article 2 (Indicative Translation);
Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021), Article 5.
Description: Investment
Foreign investors may not invest in the exploration, exploitation or ore dressing of rare earth and tungsten.
Annex I Entry 5–Printing of Publications
Sector: Printing of Publications
Obligations Concerned: National Treatment (Article 11.2 )
Level of Government: Central
Measures: Regulations on the Administration of Printing Industry (2017), Article 14;
Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021)，Article 6.
Description: Investment
Chinese control is required for investment (excluding those in free trade pilot zones) by foreign investors in the printing of publications.
Annex I Entry 6–Government-granted Monopoly
Sector: Government-granted Monopoly/Services related to Government-granted Monopoly
Obligations Concerned: National Treatment (Article 11.2 and Article 8.2) Market Access (Article 8.4)
Level of Government: Central
Measures: Law of the People's Republic of China on Tobacco Monopoly (2015) , Article 1,2 and 3；
Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021)，Article 9;
Regulation on the Implementation of the Law of the People's Republic of China on Tobacco Monopoly (2016).
Description: Investment and Cross-border Trade in Services
Foreign investors or foreign service suppliers may not invest or engage in the production, whole sale, retail or import and export of leaf tobacco, cigarettes, re-dried leaf tobacco, cigars, cut tobacco and other tobacco products (1).
Annex I Entry 7–Postal and Delivery Services
Sector: Postal and Delivery Services
Obligations Concerned: National Treatment (Article 11.2 and Article 8.2) Market Access (Article 8.4) Local Presence (Article 8.5)
Level of Government: Central
Measures: Postal Law of the People's Republic of China (2015), Article 5, 14, 15, 42, 51, 52, 55, 84;
Measures for the Supervision and Administration of Universal Postal Services（2015），Article 21;
Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021)，Article 13.
Description: Investment and Cross-border Trade in Services
1. Foreign investors or foreign service suppliers may not invest in postal enterprises (1) or operate postal services (2).
2. Foreign investors or foreign service suppliers may not invest or engage in the operation of domestic express delivery service (3) for correspondence (4).
3. Only the corporate legal person established in China is allow to operate delivery service within the territory of the People's Republic of China.
Annex I Entry 8 –Telecommunication Services
Sector: Telecommunication Services
Obligations Concerned: Investment and CBTS National Treatment (Article 11.2 and Article 8.2) Market Access (Article 8.4) Local Presence (Article 8.5)
Level of Government: Central
Measures: Telecommunication Regulation of the People's Republic of China (2016), Article 10；
Administrative Provisions on Foreign-Invested Telecommunications Enterprise (Revised in 2022);
Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021)，Article 14;
Management Measures on Telecommunication Business License (2017）；
Measures on the Administration of International Communication Accesses（2002）；
Radio Regulation of the People's Republic of China（2016）；
Measures for the Administration of Internet Domain Names (2017);
Notice of the Telecommunications Administration Bureau of Ministry
of Information and Industry on Further Standardizing the Market of Satellite Communication Business（2001）.
Description: Investment and Cross-border Trade in Services
1. Foreign investors may not invest in the international communication facility service, satellite communication service, cluster communication service, network access facilities service,
network trusteeship service, domestic communication facilities
service (excluding domestic private-line circuit lease services), internet data center service, content delivery network service, internet access service and domestic internet virtual private network services.
2. For fixed communication service, cellular mobile communication service, data communication service, IP telephone service or domestic private line leasing service, the shareholding percentage of that foreign investor may not exceed 49% (the foregoing services may be provided on the basis of facilities). For online data processing and transaction processing services (E-commerce not included), code and protocol conversion services, radio paging services and information services the shareholding percentage of that foreign investor may not exceed 50%.
3. China adopts a licensing system for telecommunications business. Only companies established in the territory of China in accordance with the law, after obtaining a telecommunication business license, may be engaged in telecommunications business.
4. The provision of international communications service within the territory of China shall only be conducted through international communications accesses (ICAs). The establishment of an ICA shall be applied by a wholly state-owned telecommunication business operator, who shall undertake the operation and maintenance of the ICA, and be approved by the Ministry of Industry and Information Technology.
5. Foreign investors or foreign service suppliers shall not conduct radio wave parameter testing or radio wave monitoring within the territory of China.
6. To establish a domain name root server or a domain name root server operating institution, domain name registry or domain name registrar within the territory of China, the corresponding license issued by the telecommunications administrations shall be obtained.
7. Foreign satellite companies providing lease services for satellite transponders within the territory of China shall, in advance, complete the work of coordination with China's satellite network and so on, lease satellite transponders to domestic satellite companies qualified to operate lease services for satellite transponders in China or to user entities authorized by the Chinese government, and then domestic satellite companies sublease the satellite transponders to domestic user entities. Domestic satellite companies are responsible for technical support, marketing, user service and user supervision. No foreign satellite companies may lease satellite transponders directly to domestic users without the approval of the Chinese government.
Annex I Entry 9 –Legal Services
Sector: Legal Services
Obligations Concerned: National Treatment (Article 11.2 ) Senior Management and Board of Directors (Article 11.9) National Treatment (Article 8.2) Market Access (Article 8.4) Local Presence (Article 8.5)
Level of Government: Central
Measures: Regulations on the Administration of Foreign Law Firms' Representative Offices in China (2001);
Provisions of the Ministry of Justice on the Execution of the Regulations on the Administration of Foreign Law Firms' Representative Offices in China (2004);