Annex I Entry 32 – Press
Sector: Press
Obligations Concerned: National Treatment (Article 11.2 and Article 8.2) Market Access (Article 8.4)
Level of Government: Central
Measures: Regulation of the People's Republic of China on News Coverage by Resident Offices of Foreign News Agencies and Foreign Correspondents（2008）, Article 6；
Decision of the State Council on Amending the Decision of the State Council on Establishing Administrative Licenses for the Administrative Examination and Approval Items Really Necessary to Be Retained (2009), Article 3;
Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021)，Article25;
Measures for the Administration of Release of News and Information in China by Foreign News Agencies（2006）；
Provisions for the Administration of Internet News Information Services (2017)，Article 7.
Description: Investment and Cross-Border Trade in Services
1. Foreign investor or foreign service supplier may not invest in or engage in news service, including but not limited to, news service provided through news agencies, newspapers, periodicals, radio stations and television stations, except that subject to the approval of the Chinese government:
(a) foreign news institutions may establish resident news offices in China which could only conduct news interview, and may dispatch resident journalists to China (1);
(b) under the condition that the leading position of the Chinese parties is secured, Chinese and foreign news institutions may cooperate in particular businesses.
(c) foreign news agencies may provide news service that is specifically approved into the territory of China.
2. Foreign services suppliers may not engage in Internet news information service (1) or internet public information posting service (2).
Annex I – Entry 33– Network Information Services
Sector: Network Information Services
Obligations Concerned: National Treatment (Article 11.2 and Article 8.2) Market Access (Article 8.4)
Level of Government: Central
Measures: Administrative Measures for Internet Information Services (2011 Revised);
Measures for Archival Administration of non-operational Internet information Services (2005);
Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021)，Article 17.
Description: Investment and Cross-border Trade in Services
1. For investments by foreign investors in the internet information searching services (information searching within a single website not included), the shareholding percentage of the foreign investors shall be no more than 50%. Foreign service supplier may not provide cross-border internet information searching services.
2. To provide profitable internet information service, foreign service supplier shall obtain a license by relevant authority. To provide non-profitable Internet information service, foreign service suppliers shall file for record its service.
Annex I Entry 34 –Professional Qualifications of Natural Person
Sector: All Sectors
Obligations Concerned: National Treatment(Article 8.2)
Level of Government: Central
Measures: Asset Appraisal Law of the People's Republic of China（2016）；
Interim Provisions on the Professional Qualification System of Asset Appraisers（2017）
Regulations on the Professional Qualification System of Registered Urban and Rural Planners（2017）；
Provisions on the Professional Qualification System of Real Estate Appraisers（2021）；
Interim Provisions on the Qualification System of Auctioneer（1996）；
Provisions on the Certified Metrology Engineer System（2019）；
Implementation Measures on Certified Metrology Engineer Qualification Examination（2019）；
Regulations of the People's Republic of China on Registered Architects（1995）；
Detailed Rules for the Implementation of the Regulation of the People’s Republic of China on Registered Architects（2008）；
Lawyers Law of the People’s Republic of China （2017）；
Administrative Measures for Practicing Lawyers (2016)；
Implementation Measures for the National Uniform Legal Profession Qualification Examination (2018)；
Interim Provisions on the Registered Marine Surveyor System（2006）；
Implementation Measures on Registered Marine Surveyor Qualification Examination（2007）；
Regulations on Management of Ship Piloting（2002）；
Regulation of the People's Republic of China on Seamen （2020）；
Regulations of the People's Republic of China Governing the Registration of Ships (2014);
Administrative Measures for Practicing Veterinarians and Village Veterinarians（2022）；
Regulation on the Administration of Commercial Performances（2016）；
Administrative Measures for Performance Agent (2021);
Interim Provisions on the Administration of Qualifications for Radio and TV Editing Journalists and Announcers（2004）；
Administrative Measures for Press Cards（2009）；
Interim Provisions on the Professional Qualification Examination for Publishing Professional and Technical Personnel（2001）；
Regulations on Patent Commissioning（2018）；
Regulations on Administration of Tour Guides （1999）；
Interim Provisions on the Registered Surveyor System（2007）；
Implementation Measures on Registered Surveyor Qualification Examination（2007）；
Measures for the Qualification Assessment of Registered Surveyor（2007）；
Provisions on the Administration of Certified Survey and Design Engineers（2016）；
Civil Aviation Law of the People's Republic of China（2018）；
Rules for the Administration of Licenses for Civil Aviation Intelligence Officers（2010）；
Rules for the Administration of Licenses for Civil Aviation Air Traffic Controllers（2016）.
Description: Cross-border Trade in Services
1. Foreign citizens may not apply for sitting for the examination of asset appraisal and mining rights appraisal qualification.
2. Foreign citizens may not apply for sitting for the examination of registered urban and rural planner professional qualification.
3. Foreign citizens may not apply for sitting for the professional qualification examination of registered real estate appraiser.
4. Foreign citizens may not apply for sitting for the examination of registered auctioneer qualification.
5. The application for sitting for the unified nationwide qualification examination of registered architects by foreign citizens shall be conducted by the principle of reciprocity. For registration, the country where the foreign citizen located shall have signed reciprocal registration agreement with China.
6. Foreign citizens may not apply for sitting for the National Uniform Legal Profession Qualification Examination, or obtain legal professional qualification, or apply for becoming Chinese practice lawyer or notary.
7. Foreign citizens may not apply for sitting for the examination of certified survey and design engineer (1) qualification.
8. Foreign citizens may not register as pilot.
9. The captain of a Chinese vessel shall be a Chinese crew member. Foreign crew members working on Chinese vessels shall hold corresponding certificates issued by the relevant departments of the Chinese government and relevant identity documents issued by the governments of their respective countries.
10. Foreign citizens may not apply for sitting for the examination of practicing veterinarians qualification, and may not apply for registration or recordation.
11. Foreign citizens may not apply for sitting for the examination of performance broker qualification or obtain the certificate of performance broker qualification or engage in performance brokerage activities within the territory of the People’s Republic of China.
12. Foreign citizens may not apply for sitting for the examination of registered supervisor engineer qualification.
13. Foreign citizens may not apply for sitting for the examination of broadcasting and TV editorial reporter and announcer qualification or obtain related professional certificates, may not obtain the professional qualification of journalist, and may not apply for sitting for the publishing professional qualification examination or obtain the publishing professional qualification.
14. Foreign citizens may not apply for patent agent qualification.
15. Foreign citizens may not apply for sitting for the examination of tour guide qualification and may not obtain tour guide certificate or engage in tour guide activities in China.
16. Foreign citizens may not apply for sitting for the examination of registered surveyor qualification.
17. Foreign citizens may not apply for the licenses of civil aviation telecommunication personnel and civil aviation air traffic controllers.
Annex I Entry 35 – Chinese Traditional Medicine
Sector: Pharmaceutical Manufacture
Obligations Concerned: National Treatment (Article 11.2)
Level of Government: Central
Measures: Circular of the State Food and Drug Administration on the Relevant Issues concerning the Business Scope of the Foreign-funded Enterprises that Engage in the Production of Herbal Medicines for Decoction (2006);
Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021), Article 7.
Description: Investment
Foreign investors may not invest in the application of processing techniques of Chinese medicinal decocting pieces including steaming, plain stir-baking, stir-baking with adjuvant, calcining or the manufacture of confidential prescription products of Chinese patent medicine.
Annex I. SCHEDULE OF NICARAGUA
EXPLANATORY NOTES
1. The Schedule of Nicaragua to this Annex sets out, pursuant to Articles 11.10 (Non- Conforming Measures) and 8.6 (Non-Conforming Measures), Nicaragua’s existing measures that are not subject to some or all of the obligations imposed by:
(a) Articles 11.2 (National Treatment) or 8.2 (National Treatment);
(b) Articles 11.3 (Most-Favored-Nation Treatment) or 8.3 (Most-Favored-Nation Treatment);
(c) Article 8.5 (Local Presence);
(d) Article 11.8 (Performance Requirements);
(e) Article 11.9 (Senior Management and Boards of Directors); or
(f) Article 8.4 (Market Access).
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 obligation(s) referred to in paragraph 1 that, pursuant to Articles 11.10 (Non-Conforming Measures) and 8.6 (Non-Conforming Measures), do not apply to the listed measure(s);
(c) Level of Government indicates the level of government maintaining the listed measure(s);
(d) Measures identify 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; and
(e) Description sets out commitments, if any, for liberalization on the date of entry into force of the Agreement, and the remaining non-conforming aspects of the existing measures for which the entry is made.
3. In the interpretation of a Schedule entry, all elements of the entry shall be considered. An entry shall be interpreted in light of the relevant provisions ofthe Chapters against which the entry is made. To the extent that:
(a) the Measures element is qualified by a liberalization commitment from the Description element, the Measures element as so qualified shall prevail over all other elements; and
(b) the Measures element is not so qualified, the Measures element shall prevail overall other elements, unless any discrepancy between the Measures element and the other elements considered in their totality is so substantial and material that it would be unreasonable to conclude that the Measures element should prevail, in which case the other elements shall prevail to the extent of that discrepancy.
4. In accordance with Article 11.10 (Non-Conforming Measures) and 8.6 (Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry shall not apply to the law, regulation, or other measure identified in the Measures element of that entry.
5. Where a Party maintains a measure that requires that a service provider be a citizen as a condition to the provision of a service in its territory, a Schedule entry for that measure taken with respect to Article 8.2 (National Treatment), 8.3 (Most-Favored-Nation Treatment), or 8.5 (Local Presence) shall operate as a Schedule entry with respect to Article 11.2 (National Treatment), 11.3 (Most-Favored-Nation Treatment), or 11.8 (Performance Requirements) to the extent of that measure.
6. For greater certainty, Article 8.4 (Market Access) refers to non-discriminatory measures.
Annex I Entry 1 – All sectors
Sector: All Sectors
Obligations Concerned: Local Presence (Article 8.5)
Level of Government: Central
Measures: The Commerce Code of the Republic of Nicaragua, published in La Gaceta, Diario Oficial, N°248, of October 30, 1916 and its amendments.
Description: Cross-Border Trade in Services
Companies formally constituted abroad, which are established in Nicaragua or have an agency or branch, shall maintain in the country a legal representative with a general power of attorney, registered in the corresponding Registry and domiciled in the country.
Annex I Entry 2 – Musicians and Artists
Sector: Musicians and Artists
Obligations Concerned: National Treatment (Article 8.2 ) Most Favored Nation Treatment (Article 8.3) Market Access (Article 8.4) Performance Requirements (Article 11.8)
Level of Government: Central
Measures: Law No. 215, Law for the Promotion of National Artistic Expressions and Protection of Nicaraguan Artists, published in La Gaceta, Diario Oficial, No.134 of July 17, 1996 and its Consolidated Text, published in La Gaceta, Diario Oficial,No. 232 of December 16, 2020.
Law No. 723, Law of Cinematography and Audiovisual Arts (Ley 723, published in La Gaceta, Diario Oficial, No. 198 of October 18, 2010 and its Consolidated Text, published in La Gaceta, Diario Oficial, No. 232 of December 16, 2020.
Decree A.N 7445, on the approval of the Latin-American Agreement on Cinematographic Co-production (Decreto AN 7445, published in La Gaceta, Diario Oficial, No. 60 of March 28, 2014.
Description: Investment and Cross-Border Trade in Services
Co-productions with Nicaraguan filmmakers must have at least 30 percent of artistic, technical and creative national staff; additionally, the production must have a Nicaraguan economic participation of not less than 10 percent.
The foreign film productions made in Nicaragua must contract, for their production, at least 20 percent of technical, creative and artistic Nicaraguan personnel.
If producers do not want to include the participation of national personnel, they will pay in cash 5 percent of the cost of the budget to be implemented in the country, to be destined to the National Film Promotion Fund.
The foreign productions that enter temporarily to the country with purpose of making films must pay a filming duty to be destined to the National Film Promotion Fund.
Any foreign natural or legal person that performs any type of audiovisual or film production in any format must be registered at the National Cinematheque of Nicaragua.
Once the production is finished, a copy of it must be deposited in the Film Archive of the National Cinematheque of Nicaragua.
Audiovisual advertising works carried out totally or partially outside of Nicaragua must apply to the National Cinematheque of Nicaragua the respective authorization for its exhibition in the national territory. 20 percent of the advertising audiovisual works exhibited or transmitted in cinemas, television or cable television must be of national production.
Every foreign artists or musical bands may only present performances in Nicaragua through a previous contract or through government agreements.
Foreign artists performing commercial programs, shows or magazines in Nicaragua must include in their program a Nicaraguan artist or group of similar performance, which must be remunerated.
If the foreign artists or artistic groups do not wish to include the participation of a national artist in their program, they must pay in cash one percent of the net income they obtain from the show to the Nicaraguan Institute of Culture unless the country of origin of foreign artists or groups does not impose a similar tax to Nicaraguan artists or artistic groups.
The design and construction of public, pictorial and sculptural monuments erected in Nicaragua will be awarded through competition to national artists and when necessary, associated with foreign nationals.
Foreigners selected for the design and construction of public, pictorial, or sculptural monuments erected in Nicaragua, shall do it in association with Nicaraguan artists.
Cinematographic works co-produced with Nicaraguan professionals or residents in the Member States of the Latin American Agreement Co-production, the Directors of these co-productions shall be nationals or residents of Member States or co-producers of Latin America, Caribbean or other Spanish or Portuguese speaking countries.
Annex I Entry 3 – Tourism - Hotels, Restaurants, Tour Guides, Rent- a-Car and other Activities Related to Tourism