China - Nicaragua FTA (2023)
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Nicaragua reserves the right to adopt or maintain any measure with respect to coastal lands, islands and river banks under possession of Nicaragua.

Annex II Entry 6 – Social Services


Sector: Social Services

Obligations Affected: National Treatment (Articles 8.2 and 11.2) Most Favored Nation Treatment (Articles 8.3 and 11.3) Local Presence (Article 8.5) Performance Requirements (Article 11.8) Senior Management and Boards of Directors (Article 11.9)

Government Level: Central

Measures: Political Constitution of the Republic of Nicaragua with its Incorporated Reforms, published in La Gaceta, Diario Oficial, No. 32 of February 18, 2014 and its Consolidated Text, published in La Gaceta, Diario Oficial, No. 181 of September 28, 2022.

Description: Investment and Cross-Border Trade in Services

Nicaragua reserves the right to adopt or maintain any measure with respect to the enforcement of laws and correctional services, and the following services to the extent that they are social services established or maintained for a public purpose: unemployment insurance, social security and social insurance and security social welfare, public education, public training, health and child care.

Annex II Entry 7 – All Sectors

Sector: All Sectors

Obligations Affected: Most Favored Nation Treatment (Articles 8.3 and 11.3) Local Presence (Article 8.5) Performance Requirements (Article 11.8) Senior Management and Boards of Directors (Article 11.9)

Government Level: Central

Measures: Political Constitution of the Republic of Nicaragua with its Incorporated Reforms, published in La Gaceta, Diario Oficial, No. 32 of February 18, 2014, and its Consolidated Text, published in La Gaceta, Diario Oficial, No. 181 of September 28, 2022.

Description: Investment and Cross-Border Trade in Services

Nicaragua reserves the right to adopt or maintain any measure regarding the establishment, acquisition, expansion, management, conduct, or operation of Small and Medium Enterprise (SMEs).

Nicaragua reserves the right to adopt or maintain any measure that grants rights or preferences to small and medium enterprises.

Annex II Entry 8 – Energy

Sector: Energy

Obligations Affected: National Treatment (Articles 8.2 and 11.2) Most Favored Nation Treatment (Articles 8.3 and 11.3) Performance Requirements (Article 11.8) Senior Management and Boards of Directors (Article 11.9)

Government Level: Central

Measures: Political Constitution of the Republic of Nicaragua with its Incorporated Reforms, published in La Gaceta, Diario Oficial, No. 32 of February 18, 2014 and its Consolidated Text, published in La Gaceta, Diario Oficial, No. 181 of September 28, 2022.

Description: Investment and Cross-Border Trade in Services

Nicaragua reserves the right to adopt or maintain any measure related to the establishment, acquisition, expansion, management, conduction or operations of any company in the field of generation, distribution, and commercialization of electricity.

Annex II Entry 9 – Fossil Fuels

Sector: Fossil Fuels

Obligations Affected: National Treatment (Article 8.2) Most Favored Nation Treatment (Article 8.3) Local presence (Article 8.5)

Government Level: Central

Measures: Political Constitution of the Republic of Nicaragua with its Incorporated Reforms, published in La Gaceta, Diario Oficial, No. 32 of February 18, 2014 and its Consolidated Text, Political Constitution of the Republic of Nicaragua, published in La Gaceta, Diario Oficial, No. 181 of September 28, 2022.

Description: Cross-Border Trade in Services

Nicaragua reserves the right to adopt or maintain any measure related to the establishment, acquisition, expansion, management, conduction or operations of any company in the field of exploration and exploitation of fossil fuels and its supply.

Annex III. SCHEDULE OF CHINA

EXPLANATORY NOTE

1. The commitments under Chapter 9 (Financial Services) shall be subject to this Explanatory Note and the Schedule of China to this Annex sets out:

(a) headnotes that limit or clarify the commitments of China with respect to the obligations described in subparagraph (b)(i) through (v) and in subparagraph (c),

(b) in Section A, pursuant to Article 9.9 (Non-Conforming Measures), the existing measures of China that do not conform with some or all of the obligations imposed by:

(i) Article 9.2 (National Treatment);

(ii) Article 9.3 (Most-Favored-Nation Treatment);

(iii) Article 9.4 (Market Access for Financial Institutions);

(iv) Article 9.5 (Cross-Border Trade); or

(v) Article 9.8 (Senior Management and Boards of Directors), and

(c) in Section B, pursuant to Article 9.9 (Non-Conforming Measures), the specific sectors, subsectors, or activities for which China may maintain existing, or adopt new or more restrictive, measures that do not conform with the obligations imposed by Article 9.2 (National Treatment), 9.3 (Most-Favored-Nation Treatment), 9.4(Market Access for Financial Institutions), 9.5 (Cross-Border Trade), or 9.8 (Senior Management and Boards of Directors).

2. Each entry in Section A sets out the following elements:

(a) Sector refers to the general sector for which the entry is made;

(b) Subsector refers to the specific sector for which the entry is made;

(c) Obligations Concerned specifies the article(s) referred to in paragraph 1(b) that, pursuant to Article 9.9.1(a)(Non-Conforming Measures), do not apply to the non-conforming aspects of the Measures or the Description, as set out in paragraph 4;

(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 the non-conforming aspects of the measures for which the entry is made.

3. Each entry in Section B sets out the following elements:

(a) Sector refers to the general sector for which the entry is made;

(b) Subsector refers to the specific sector for which the entry is made;

(c) Obligations Concerned specifies the article(s) referred to in paragraph1(c) that, pursuant to Article 9.9, do not apply to the sectors, subsectors, or activities scheduled in the entry;

(d) Description sets out the scope of the sectors, subsectors, or activities covered by the entry.

4. For entries in Section A, in accordance with Article 9.9.1(a) (Non-Conforming Measures), and subject to Article 9.9.1(c), 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 identified in the Measures element of that entry.

5. For entries in Section B, in accordance with Article 9.9.2 (Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry shall not apply to the sectors, subsectors, and activities identified in the Description element of that entry.

6. In the interpretation of a reservation in Section A, all elements of the reservation shall be considered. A reservation shall be interpreted in the light of the relevant provisions of the Chapter against which the reservation is taken, and the Measures element shall prevail over all the other elements.

7. In the interpretation of a reservation in Section B, all elements of the reservation shall be considered. The Description element shall prevail over all the other elements.

8. Where China maintains a measure that requires that a service supplier be a citizen, as a condition to the supply of a service in its territory, a Schedule entry for that measure taken with respect to Article 9.2 (National Treatment), Article 9.3 (Most-Favored-Nation Treatment), Article 9.4 (Market Access for Financial Institutions), or Article 9.5 (Cross-Border Trade) shall operate as a Schedule entry with respect to Article 11.2 (National Treatment), or 11.3 (Most-Favored-Nation Treatment) to the extent of that measure.

HEADNOTES

1. Commitments in these subsectors under the Agreement are undertaken subject to the limitations and conditions set forth in these headnotes and in the Schedules below.

2. In order to clarify China’s commitment under Article 9.4 (Market Access for Financial Institutions), a legal person established under Chinese law that provides financial services shall comply with the non-discriminatory restrictive regulations regarding the form of legal person (1).

3. For greater certainty, to invest in Chinese financial institutions, investors shall comply with the non-discriminatory number requirement on the holding or controlling shares of the same type of financial institutions.

4. The commitments of China under Articles 9.2 (National Treatment) and 9.4 (Market Access for Financial Institutions) are subject to the limitation that in order to establish or acquire a controlling interest in a financial institution in China, a foreign investor must own or control a financial institution that engages in supplying financial services within the same financial services subsector in its home country.

5. China limits its commitments under Article 9.9.1(c) (Non-Conforming Measures) with respect to Article 9.4 (Market Access for Financial Institutions) in the following manner: Article 9.9.1(c) shall apply only to non-conforming measures relating to 9.4.1(a) and not to those non-conforming measures relating to Article 9.4.1(b). (2)

(1) For example, partnership enterprises or sole proprietorship enterprises are not allowed for financial institutions in China. This explanatory note does not aim to influence or limit the other Party in choosing the form as branches or subsidiaries.
(2) For greater certainty, the Article 9.3 (Most-Favoured-Nation Treatment) shall not apply with regard to the limitation in the application of Article 9.9.1(c) described above in paragraph 4.

Section A.

Entry 1-Banking

Sector: Financial Services

Sub-Sector: Banking

Obligations Concerned: National Treatment (Article 9.2) Market Access for Financial Institutions (Article 9.4)

Level of Government: Central

Measures: Law of the People’s Public of China on Commercial Banks (2015), Article 11;

Regulation of the People's Republic of China on the Administration of Foreign-Funded Banks (2019), Article 10, Article 11, Article 31, Article 44;

Detailed Rules for the Implementation of the Regulation of the People's Republic of China on the Administration of Foreign-Funded Banks (2019), Article 58;

Implementation Measures of the China Banking and Insurance Regulatory Commission for the Administrative Licensing Items concerning Chinese-Funded Commercial Banks (2018), Article 8; Implementation Measures of the China Banking and Insurance Regulatory Commission for the Administrative Licensing Items concerning Small and Medium-sized Banking Institutions in Rural Area (2019), Article 8, Article 23, Article 27.

Description:

1. Foreign investors investing in a bank shall be foreign financial institutions. In cases where foreign investors obtain controlling interests in a solely foreign-funded bank and a Sino-foreign joint-stock bank or where foreign investors investing in a rural commercial bank, rural cooperative bank, rural credit cooperative, or village bank, such foreign investors shall be foreign commercial banks (3). Foreign investors may not invest in private banks.

For greater certainty, a foreign investor who cumulatively acquires no more than 5% of the shares of a bank solely through securities transactions in domestic and overseas secondary markets shall not be subject to the restrictions set forth in paragraph 1 of this Entry.

2. A foreign bank’s branch may not engage in bank card business; a foreign bank’s branch may not conduct RMB business for Chinese citizens in the territory of China, except for the term deposits with each in an amount of no less than RMB 500,000.

(3) For the purpose of this entry, a “foreign commercial bank” means a financial institution that is registered outside China and may accept public deposit, participate in deposit insurance and subject to capital supervision upon the approval or permission of the financial regulatory authority of the country or region where it is located.

Entry 2-Insurance

Sector: Financial Services

Sub-Sector: Insurance

Obligations Concerned: National Treatment (Article 9.2) Market Access for Financial Institutions (Article 9.4)

Level of Government:  Central

Measures: Insurance Law of the People’s Republic of China (2015), Article 6, Article 7;

Regulation of the People's Republic of China on the Administration of Foreign-Funded Insurance Companies (2019), Article 8, Article 40, Article 41;

Detailed Rules for the Implementation of the Regulation of the People’s Republic of China on the Administration of Foreign-Funded Insurance Companies (2021), Article 3, Article 37;

Measures for the Administration of Equities of Insurance Companies (2018), Article 6, Article 15;

Notice by the China Banking and Insurance Regulatory Commission on allowing foreign investors to Operate Insurance Agency Business in China (2018);

Notice by the China Banking and Insurance Regulatory Commission on allowing foreign investors to Operate Insurance Adjusting Business in China (2018).

Description:

1. If the proportion of investment of one or more foreign investors in an insurance company is less than 25%, such one or more foreign investors shall be foreign financial institutions (except for those who purchase the stocks of an insurance company at the securities exchange), and the total assets of each foreign investor at the end of the preceding year shall be no less than USD 2 billion.

If the proportion of investment of one or more foreign investors in an insurance company is 25% or more, such insurance company is a foreign-funded insurance company (4) . The only or major foreign shareholder of foreign-funded insurance companies shall be foreign insurance companies or foreign insurance group companies, and the total assets of each shall be no less than USD 5 billion at the end of the year prior to its application for the investment. Other foreign shareholders of foreign-funded insurance companies shall be overseas financial institutions, and the total assets of each at the end of the preceding year shall be no less than USD 2 billion.

2. The shareholders of insurance agency institution must be foreign insurance agency institution that have operated the insurance agency business for more than 3 years, or China-based foreign-funded insurance companies that have started their business for more than 3 years.

The shareholders of insurance adjustment institution shall be foreign public insurance adjustment institution that have operated the public insurance adjusting business for more than 3 years, or China-based foreign-funded insurance companies that have started their business for more than 3 years.

(4) For the purpose of this entry, a “foreign-funded insurance company” means an insurance company formed within China by foreign insurance companies and Chinese companies or enterprises in the form of equity joint ventures, and its subsidiary corporations or branches within China.

Entry 3-Financial Assets Management Company

Sector: Financial Services

Sub-Sector: Financial Assets Management Company

Obligations Concerned: National Treatment (Article 9.2) Market Access for Financial Institutions (Article 9.4)

Level of Government: Central

Measures: Regulation on Financial Asset Management Companies (2000), Article 2;

Implementation Measures of the China Banking and Insurance Regulatory Commission for the Administrative Licensing Items Concerning Non-Banking Financial Institutions (2020), Article 115, Article 117.

Description:

1. Foreign investors may not make investment to establish financial asset management company (5).

2. Foreign investors investing in an existing financial asset management company shall be foreign financial institutions, and the total assets of such foreign investor shall be no less than USD 10 billion by the end of the year prior to its application.

For greater certainty, a foreign investor and their related parties, person acting in concert who solely or collectively hold for the first time no more than 5% of the shares of a financial asset management company without making significant influence, or who cumulatively hold no more than 5% of the shares of a financial asset management company without causing change in the actual controller, shall not be subject to the restrictions set forth in paragraph 2 of this Entry.

(5) For the purpose of this entry, a “financial assets management company” means a financial institution mainly engaging in the purchase, management and disposal of non-performing assets. As at the entry into force of this Agreement, the financial assets management companies that are already established refer to China Huarong Asset Management Co., Ltd., China Great Wall Asset Management Co., Ltd., China Orient Asset Management Co., Ltd, China Cinda Asset Management Co., Ltd, China Galaxy Asset Management Co., Ltd.

Entry 4-Other Banking Institutions

Sector: Financial Services

Sub-Sector: Other Banking Institutions

Obligations Concerned: National Treatment (Article 9.2) Market Access for Financial Institutions (Article 9.4)

Level of Government: Central

Measures: Implementation Measures of the China Banking and Insurance Regulatory Commission for the Administrative Licensing Items concerning Trust Companies (2020), Article 6, Article 21; Implementation Measures of the China Banking and Insurance Regulatory Commission for the Administrative Licensing Items Concerning Non-Banking Financial Institutions (2020), Article 10, Article 22, Article 25, Article 29, Article 49, Article 59, Article 112;

Measures for the Administration for Financial Leasing Companies (2014), Article 8, Article 11, Article 14;

Pilot Measures for the Administration of Consumer Finance Companies (2013), Article 7;

Pilot Measures for the Administration of Currency Brokerage Companies (2005), Article 7.

Description:

1. A foreign investor investing in a trust company shall be a foreign financial institution.

2. A foreign investor investing in a financial leasing company shall be a foreign financial institution or foreign leasing company, and its total assets shall be no less than USD 1 billion by the end of the year prior to its application, if it is a foreign financial institution (excluding commercial banks); and its total assets shall be no less than RMB 10 billion by the end of the year prior to its application, if it is a foreign leasing company.

3. A foreign investor investing in a currency brokerage company shall be a currency brokerage company, and shall have been engaged in currency brokerage business for over 20 years and have a global organization network and an information communications network as required for engaging in currency brokerage business.

4. A foreign investor investing in a consumer finance company as main investor shall be a foreign financial institution.

5. A foreign investor investing in other banking financial institutions other than a trust company, financial leasing company, currency brokerage company, consumer finance company, finance company and auto finance company shall also be a foreign financial institution, and its total assets shall also be no less than USD 1 billion by the end of the year prior to its application.

6. For greater certainty, a foreign investor and their related parties, person acting in concert who solely or collectively hold no more than 5% of the shares of listed trust companies shall not be subject to the restrictions set forth in this Entry; a foreign investor and their related parties, person acting in concert who solely or collectively hold no more than 5% of the shares of any other banking institutions (excluding trust companies) for the first time without making significant influence, or who cumulatively hold no more than 5% of the shares of any other banking institutions (excluding trust companies) without causing change in the actual controller, shall not be subject to the restrictions set forth in this Entry.

Entry 5-Asset Management

Sector: Financial Services

Sub-Sector: Asset Management

Obligations Concerned: Market Access for Financial Institutions (Article 9.4)

Level of Government: Central

Measures: Measures for the Administration of Financial Asset Investment Companies (for Trial Implementation) (2018), Article 8; Administrative Measures for the Bulk Transfer of Financial Enterprises’ Non-performing Assets (2012), Article 3;

Letter on Appropriately Adjusting Policies on Local Asset Management Companies (2016).

Description:

1. A financial asset investment company shall be formed by a commercial bank registered and formed within the territory of the People's Republic of China as its major shareholder.

2. The number of local asset management companies established in each province, autonomous region, municipality directly under the Central Government or city under separate state planning is no more than two. A local asset management company shall not carry out the batch purchase and disposal of non-performing assets of financial enterprises from outside the provincial-level administrative region where it is located.

Entry 6-Securities Companies (6)

Sector: Financial Services

Sub-Sector: Banking and other Financial Services (excluding insurance)

  • Chapter   1 INITIAL PROVISIONS AND DEFINITIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Objectives 1
  • Article   1.3 Relation to other Agreements 1
  • Article   1.4 Geographical Applicability (1) 1
  • Article   1.5 General Definitions 1
  • Chapter   2 TRADE IN GOODS 1
  • Article   2.1 Scope 1
  • Article   2.2 National Treatment 1
  • Article   2.3 Elimination of Customs Duties 1
  • Article   2.4 Acceleration of Tariff Commitments 1
  • Article   2.5 Temporary Admission of Goods 1
  • Article   2.6 Import and Export Restrictions 1
  • Article   2.7 Tariff-Rate Quota 1
  • Article   2.8 Tariff-Rate Quota Administration 1
  • Article   2.9 Import Licensing Procedures 1
  • Article   2.10 Administrative Fees and Formalities 1
  • Article   2.11 Agricultural Export Subsidies 1
  • Article   2.12 Committee on Trade In Goods 1
  • Article   2.13 Definition 2
  • Chapter   3 RULES OF ORIGIN AND IMPLEMENTATION PROCEDURES 2
  • Section   A Rules of Origin 2
  • Article   3.1 Originating Goods 2
  • Article   3.2 Goods Wholly Obtained 2
  • Article   3.3 Regional Value Content 2
  • Article   3.4 De Minimis 2
  • Article   3.5 Accumulation 2
  • Article   3.6 Minimal Operations or Processes 2
  • Article   3.7 Fungible Materials 2
  • Article   3.8 Neutral Elements 2
  • Article   3.9 Packing, Packages and Containers 2
  • Article   3.10 Accessories, Spare Parts and Tools 2
  • Article   3.11 Sets 2
  • Article   3.12 Direct Consignment 2
  • Section   B Implementation Procedures 2
  • Article   3.13 Certificate of Origin 2
  • Article   3.14 Retention of Origin Documents 2
  • Article   3.15 Obligations Regarding Importations 2
  • Article   3.16 Refund of Import Customs Duties or Deposit 2
  • Article   3.17 Verification of Origin 2
  • Article   3.18 Denial of Preferential Tariff Treatment 3
  • Article   3.19 Third Country Invoicing 3
  • Article   3.20 Electronic Origin Data Exchange System 3
  • Article   3.21 Committee on Rules of Origin 3
  • Article   3.22 Contact Points 3
  • Article   3.23 Definitions 3
  • Chapter   4 CUSTOMS PROCEDURES AND TRADE FACILITATION 3
  • Article   4.1 Scope and Objectives 3
  • Article   4.2 Facilitation 3
  • Article   4.3 Customs Valuation 3
  • Article   4.4 Tariff Classification 3
  • Article   4.5 Customs Cooperation 3
  • Article   4.6 Transparency 3
  • Article   4.7 Advance Rulings 3
  • Article   4.8 Review and Appeal 3
  • Article   4.9 Penalties 3
  • Article   4.10 Application of Information Technology 3
  • Article   4.11 Risk Management 3
  • Article   4.12 Release of Goods 3
  • Article   4.13 Authorized Economic Operator 3
  • Article   4.14 Consultation 3
  • Article   4.15 Committee on Customs Procedures and Trade Facilitation 3
  • Article   4.16 Definitions 3
  • Chapter   5 SANITARY AND PHYTOSANITARY MEASURES 3
  • Article   5.1 Objectives 3
  • Article   5.2 Scope and Definitions 3
  • Article   5.3 Affirmation 3
  • Article   5.4 Risk Analysis 3
  • Article   5.5 Regionalisation 3
  • Article   5.6 Equivalence 3
  • Article   5.7 Transparency 3
  • Article   5.8 Emergency Measures 3
  • Article   5.9 Technical Cooperation 3
  • Article   5.10 Committee on Sanitary and Phytosanitary Measures 4
  • Article   5.11 Contact Points and Competent Authorities 4
  • Chapter   6 TECHNICAL BARRIERS TO TRADE 4
  • Article   6.1 Objectives 4
  • Article   6.2 Scope 4
  • Article   6.3 General Provision 4
  • Article   6.4 International Standards 4
  • Article   6.5 Technical Regulations 4
  • Article   6.6 Conformity Assessment Procedures 4
  • Article   6.7 Measures at the Border 4
  • Article   6.8 Transparency and Information Exchange 4
  • Article   6.9 Technical Consultations 4
  • Article   6.10 Cooperation 4
  • Article   6.11 Contact Point 4
  • Article   6.12 Definitions 4
  • Chapter   7 TRADE REMEDIES 4
  • Section   A Bilateral Safeguard Measures 4
  • Article   7.1 Application of a Bilateral Safeguard Measure 4
  • Article   7.2 Scope and Duration of Bilateral Safeguard Measures 4
  • Article   7.3 Investigation Procedures 4
  • Article   7.4 Provisional Measure 4
  • Article   7.5 Notification and Consultation 4
  • Article   7.6 Compensation 4
  • Article   7.7 Procedural Rules 4
  • Section   B Global Safeguards Measures 4
  • Article   7.8 General Provisions 4
  • Section   C Antidumping and Countervailing Duties 4
  • Article   7.9 General Provisions 4
  • Article   7.10 Non-Application of Dispute Settlement 4
  • Section   D Definitions 4
  • Article   7.11 Definitions 4
  • Chapter   8 CROSS-BORDER TRADE IN SERVICES 4
  • Article   8.1 Scope 4
  • Article   8.2 National Treatment (5) 5
  • Article   8.3 Most-Favored-Nation Treatment 5
  • Article   8.4 Market Access 5
  • Article   8.5 Local Presence 5
  • Article   8.6 Article 8.6: Non-Conforming Measures 5
  • Article   8.7 Transparency 5
  • Article   8.8 Domestic Regulation 5
  • Article   8.9 Recognition 5
  • Article   8.10 Payments and Transfers 5
  • Article   8.11 Denial of Benefits 5
  • Article   8.12 Public Telecommunications Services (10) 5
  • Article   Article 8.13: Definitions 5
  • Chapter   9 FINANCIAL SERVICES 5
  • Article   9.1 Scope and Coverage 5
  • Article   9.2 National Treatment (12) 5
  • Article   9.3 Most-Favored-Nation Treatment 5
  • Article   9.4 Market Access for Financial Institutions 5
  • Article   9.5 Cross-Border Trade 5
  • Article   9.6 New Financial Services 5
  • Article   9.7 Treatment of Certain Information 5
  • Article   9.8 Senior Management and Boards of Directors 5
  • Article   9.9 Non-Conforming Measures 5
  • Article   9.10 Exceptions 6
  • Article   9.11 Transparency and Administration of Certain Measures 6
  • Article   9.12 Self-Regulatory Organisations 6
  • Article   9.13 Payment and Clearing Systems 6
  • Article   9.14 Transfers of Information and Processing of Information 6
  • Article   9.15 Recognition 6
  • Article   9.16 Financial Services Committee 6
  • Article   9.17 Supervisory Cooperation 6
  • Article   9.18 Consultations 6
  • Article   9.19 Article 9.19: Dispute Settlement 6
  • Article   9.20 Contact Points 6
  • Article   9.21 Definitions 6
  • Annex 9  CROSS-BORDER TRADE 6
  • Section   A CHINA (20) 6
  • Section   B NICARAGUA 6
  • Chapter   10 TEMPORARY ENTRY FOR BUSINESS PERSONS 6
  • Article   10.1 Objectives 6
  • Article   10.2 Scope 7
  • Article   10.3 Article 10.3: Expeditious Application Procedures 7
  • Article   10.4 Grant of Temporary Entry 7
  • Article   10.5 Transparency 7
  • Article   10.6 Contact Points 7
  • Article   10.7 Committee on Temporary Entry of Business Persons 7
  • Article   10.8 Cooperation 7
  • Article   10.9 Definitions 7
  • Annex 10  SCHEDULE OF SPECIFIC COMMITMENTS ON TEMPORARY ENTRY OF BUSINESS PERSONS 7
  • Section   A China’s Commitments 7
  • Section   B Nicaragua’s Commitments 7
  • Chapter   11 INVESTMENT 7
  • Section   A Investment 7
  • Article   11.1 Scope and Coverage 7
  • Article   11.2 National Treatment (25) 7
  • Article   11.3 Most-Favored-Nation Treatment 7
  • Article   11.4 Minimum Standard of Treatment (26) 7
  • Article   11.5 Compensation for Losses 7
  • Article   11.6 Expropriation and Compensation (27) 7
  • Article   11.7 Transfers (28) 7
  • Article   11.8 Performance Requirements 7
  • Article   11.9 Senior Management and Boards of Directors 8
  • Article   11.10 Non-Conforming Measures 8
  • Article   11.11 Special Formalities and Information Requirements 8
  • Article   11.12 Subrogation 8
  • Article   11.13 Denial of Benefits 8
  • Article   11.4 Disclosure of Information 8
  • Article   11.5 Financial Services 8
  • Article   11.16 Taxation 8
  • Section   B Investor-State Dispute Settlement 8
  • Article   11.17 Consultations 8
  • Article   11.18 Submission of a Claim to Arbitration 8
  • Article   11.19 Consent of Each Party to Arbitration 8
  • Article   11.20 Conditions and Limitations on Consent of Each Party 8
  • Article   11.21 Constitution of the Tribunal 8
  • Article   11.22 Conduct of the Arbitration 8
  • Article   11.23 Governing Law 8
  • Article   11.24 Discontinuance 9
  • Article   11.25 Awards 9
  • Article   11.26 Expert Reports 9
  • Article   11.27 Service of Documents 9
  • Article   11.28 Definitions 9
  • Annex 11-A  CUSTOMARY INTERNATIONAL LAW 9
  • Annex 11-B  EXPROPRIATION 9
  • Annex 11-C  TEMPORARY SAFEGUARD MEASURES 9
  • Annex 11-D  SERVICE OF DOCUMENTS ON A PARTY 9
  • Chapter   12 DIGITAL ECONOMY 9
  • Article   12.1 General Provisions 9
  • Article   12.2 Domestic Electronic Transactions Framework 9
  • Article   12.3 Electronic Signatures 9
  • Article   12.4 Online Consumer Protection 9
  • Article   12.5 Online Personal Data Protection 9
  • Article   12.6 Paperless Trading 9
  • Article   12.7 Medium, Small and Micro Enterprises 9
  • Article   12.8 Cooperation on Digital Economy 9
  • Article   12.9 Non-Application of Dispute Settlement 10
  • Article   12.10 Definitions 10
  • Chapter   13 COMPETITION POLICIES 10
  • Article   13.1 Objectives and Principles 10
  • Article   13.2 Competition Laws and Authorities 10
  • Article   13.3 Implementation of Competition Laws 10
  • Article   13.4 Transparency 10
  • Article   13.5 Cooperation In Law Enforcement 10
  • Article   13.6 Information Exchange and Confidentiality (48) 10
  • Article   13.7 Technical Cooperation 10
  • Article   13.8 Consultations 10
  • Article   13.9 Non-Application of Dispute Settlement 10
  • Article   13.10 Definitions 10
  • Chapter   14 INTELLECTUAL PROPERTY 10
  • Article   14.1 Purposes and Principles 10
  • Article   14.2 Scope of Intellectual Property 10
  • Article   14.3 Obligations Are Minimum Obligations 10
  • Article   14.4 International Agreements 10
  • Article   14.5 Intellectual Property and Public Health 10
  • Article   14.6 Exhaustion 10
  • Article   14.7 Procedures on Acquisition and Maintenance 10
  • Article   14.8 Patentable Subject Matter 10
  • Article   14.9 Amendments, Corrections and Observations on Patent Applications 10
  • Article   14.10 Transparency 10
  • Article   14.11 Types of Signs as Trademarks 10
  • Article   14.12 Well-Known Trademarks 10
  • Article   14.13 Geographical Indications 10
  • Article   14.14 Plant Breeders’ Rights 10
  • Article   14.15 Copyrights 10
  • Article   14.16 Collective Management of Copyright 10
  • Article   14.17 Genetic Resources, Traditional Knowledge and Folklore 10
  • Article   14.18 Enforcement 10
  • Article   14.19 Ex Officio Compliance at the Border 10
  • Article   14.20 Cooperation-General 10
  • Chapter   15 ENVIRONMENT AND TRADE 10
  • Article   15.1 Context 10
  • Article   15.2 Objectives 10
  • Article   15.3 Scope 10
  • Article   15.4 Levels of Protection 10
  • Article   15.5 Enforcement of Environmental Laws and Regulations 11
  • Article   15.6 Multilateral Environmental Agreements 11
  • Article   15.7 Review of Environmental Impact 11
  • Article   15.8 Cooperation 11
  • Article   15.9 Institutional Arrangements 11
  • Article   15.10 Non-Application of Dispute Settlement 11
  • Chapter   16 SMALL AND MEDIUM ENTERPRISES 11
  • Article   16.1 Objectives 11
  • Article   16.2 Information Sharing 11
  • Article   16.3 Cooperation 11
  • Article   16.4 Contact Points 11
  • Article   16.5 Non-Application of Dispute Settlement 11
  • Chapter   17 TRANSPARENCY 11
  • Article   17.1 Publication 11
  • Article   17.2 ^Notification and Provision of Information 11
  • Article   17.3 Incorporation 11
  • Article   17.4 Definitions 11
  • Chapter   18 ECONOMIC COOPERATION 11
  • Section   A General Provisions 11
  • Article   18.1 Objectives 11
  • Article   18.2 Methods and Means 11
  • Article   18.3 Scope 11
  • Article   18.4 Non-Application of Dispute Settlement 11
  • Section   B Areas of Cooperation 11
  • Article   18.5 Agricultural Cooperation 11
  • Article   18.6 Other Areas of Cooperation 11
  • Article   18.7 Cooperation In the Law-Based Internet Governance 11
  • Chapter   19 GENERAL PROVISIONS AND EXCEPTIONS 11
  • Article   19.1 Disclosure and Confidentiality of Information 11
  • Article   19.2 General Exceptions 11
  • Article   19.3 Security Exceptions 11
  • Article   19.4 Taxation 11
  • Article   19.5 Review of Agreement 11
  • Article   19.6 Measures to Safeguard the Balance-of-Payments 11
  • Chapter   20 INSTITUTIONAL PROVISIONS 11
  • Article   20.1 FTA Joint Commission 11
  • Article   20.2 Rules of Procedure of the FTA Joint Commission 12
  • Article   20.3 Free Trade Agreement Coordinators 12
  • Article   20.4 Contact Point 12
  • Chapter   21 DISPUTE SETTLEMENT 12
  • Article   21.1 Cooperation 12
  • Article   21.2 Scope of Application (52) 12
  • Article   21.3 Choice of Forum 12
  • Article   21.4 Consultations 12
  • Article   21.5 Good Offices, Conciliation and Mediation 12
  • Article   21.6 Establishment of an Arbitral Tribunal 12
  • Article   21.7 Composition of an Arbitral Tribunal 12
  • Article   21.8 Functions of Arbitral Tribunal 12
  • Article   21.9 Rules of Procedure of an Arbitral Tribunal 12
  • Article   21.10 Suspension or Termination of Proceedings 12
  • Article   21.11 Report of the Arbitral Tribunal 12
  • Article   21.12 Implementation of Arbitral Tribunal’s Final Report 12
  • Article   21.13 Reasonable Period of Time 12
  • Article   21.14 Compliance Review 12
  • Article   21.15 Suspension of Concessions or other Obligations 12
  • Article   21.16 Post Suspension 12
  • Article   21.117 Private Rights 12
  • Annex 21  RULES OF PROCEDURE OF ARBITRAL TRIBUNAL 12
  • Chapter   22 FINAL PROVISIONS 12
  • Article   22.1 Annexes 12
  • Article   22.2 Entry Into Force 12
  • Article   22.3 Amendments 12
  • Article   22.4 Termination 13
  • Article   22.5 Relation to the Early Harvest Arrangement 13
  • Article   22.6 Authentic Texts 13
  • Annex I  Cross-Border Trade in Services and Investment Non-Conforming Measures 13
  • Annex I  SCHEDULE OF CHINA 13
  • Annex I  SCHEDULE OF NICARAGUA 16
  • Annex II  SCHEDULE OF CHINA 20
  • Appendix A  22
  • Annex II  SCHEDULE OF NICARAGUA 22
  • Annex III  SCHEDULE OF CHINA 23
  • Section   A 23
  • Section   B 24
  • Annex III  SCHEDULE OF NICARAGUA 25
  • Section   A 25
  • Section   B 25