radioactive wastes, as well as nuclear import.
268
Without Prejudice
Entry 2 â Ethnic Minorities
Sector: Ethnic Minorities! Obligations Article 3.3 (National Treatment) Concerned: Article 3.4 (Most-Favoured-National Treatment) Article 3.9 (Performance Requirements) Article 3.10 (Senior Management and Boards of Directors) Description: China reserves the right to adopt or maintain any measure that grants rights or preferences to areas inhabited by people of ethnic minorities with a view to balancing economic development and
maintaining social justice.
1 For the purposes of this entry, "ethnic minorities" refer to the 55 non-Han minorities that have a lower population than the Han nationality among the 56 ethnic nationalities identified and recognised by the central government of China.
269
Sector: Obligations Concerned:
Description:
Without Prejudice
Entry 3 â Chinese Traditional Medicine
Chinese Traditional Medicine
Article 3.3. National Treatment)
Article 3.4. Most-Favoured-Nation Treatment)
Article 3.9. Performance Requirements)
Article 3.10. Senior Management and Boards of Directors)
China reserves the right to adopt or maintain any measure with respect to the application of processing techniques of Chinese medicinal decoction pieces including steaming, plain stir-baking, stir-baking with adjuvant, calcining and the manufacture of confidential prescription products of Chinese patent medicine.
270
Sector: Obligations
Concerned:
Description:
Entry 4 â Protection of Cultural Heritage
Protection of Cultural Heritage
Article 3.3. National Treatment)
Article 3.9. Performance Requirements)
Article 3.10. Senior Management and Board of Directors)
China reserves the right to adopt or maintain any measure with respect to the protection, repair and restoration of cultural relics and intangible cultural heritage, including the investigation, exploration, excavation, transfer, offering as collateral, pledging, lease, exploitation and utilization of such cultural relics and intangible cultural heritage.
271
Entry 5 â Protection of Biological Resources
Sector: Protection of Biological Resources
Obligations Article 3.3 (National Treatment)
Concerned: Article 3.9 (Performance Requirements)
Description: China reserves the right to require approval of the research
and development activities conducted by the foreign investment enterprises utilising the biological resources! (including human, animals, plants, and microorganism resources) which are originated from and protected by China. China may also require the aforesaid enterprises to conduct such activities in the form of cooperation with Chinese organisations and to share the benefits generated from the research and development, as well as the following
application and commercialisation.
- Wild Animals Protection Law (Amended in 2022), Articles 21, 22, 25, 26, 28, 29, 30, 31, 33, 34, 37, 38, 39, 40, 42, 43, 48, 49, 50, 51, 52, 53, 55, 56, 57, 58 and 60;
Existing Measures
- Animal Husbandry Law (Amended in 2022), Articles 12, 13, 15, 16, 17, 79 and 80;
- Grassland Law (Amended in 2013), Articles 44 and 49;
- Seed Law (Amended in 2021), Articles 8, 9, 10, 11, 80 and 81;
- Fisheries Law (2013), Articles 8 and 46;
- Regulation on Wild Plants Protection (Amended in 2017), Articles 9,16, 18, 20, 21 and 27;
- Regulation on the Administration of Human Genetic Resources (2019), Articles 7, 21, 22 and 24;
- Biosecurity Law (2021), Articles 58 and 59;
- Regulation on the Administration of the Import and Export of Endangered Wild Fauna and Flora (2019 Revision), Articles 6 and 7.
1 For the purposes of this entry, the âbiological resourcesâ refers to the genetic resources, organisms or parts thereof, biological communities, or any other biotic component of ecosystems with practical or potential use or value for humanity.
272
Sector: Obligations Concerned:
Description:
Entry 6â Radio and Television
Radio and Television
Article 3.3. National Treatment)
Article 3.4. Most-Favoured-Nation Treatment)
Article 3.9. Performance Requirements)
Article 3.10. Senior Management and Board of Directors)
China reserves the right to adopt or maintain any measure with respect to the manufacture of ground reception facilities for satellite television and broadcast and key components thereof, and the installation services for ground receiving facilities of satellite
television broadcasts.
273
Sector: Obligations Concerned:
Description:
Entry 7 â Non-Government Organisations
All sectors
Article 3.3. National Treatment)
Article 3.4. Most-Favoured-Nation Treatment)
Article 3.9. Performance Requirements)
Article 3.10. Senior Management and Board of Directors)
China reserves the right to adopt or maintain any measure with respect to non-government organisations (including but not limited to social service institutions, associations, foundations, foreign non-government organisations and other civil social
organisations and groups and their representative institutions).
274
Sector: Obligations Concerned:
Description:
Entry 8 â Land
Land
Article 3.3. National Treatment)
Article 3.4. Most-Favoured-Nation Treatment)
Article 3.9. Performance Requirements)
Article 3.10. Senior Management and Boards of Directors)
China reserves the right to adopt or maintain any measure with
respect to land.
275
Sector: Obligations Concerned:
Description:
Entry 9 â All Sectors
All Sectors
Article 3.3. National Treatment)
Article 3.4. Most-Favoured-Nation Treatment)
Article 3.9. Performance Requirements)
Article 3.10. Senior Management and Board of Directors)
China reserves the right to adopt or maintain any measure with respect to the evaluation, transfer and disposition of state-owned assets. For the purpose of this Entry, state-owned assets refer to the rights and interests by virtue of all forms of investments directly or indirectly made by the State in an enterprise.
For greater certainty, this Entry does not apply to the evaluation, transfer and disposition of assets which are no longer state-
owned assets after being transacted.
276
Sector: Obligations Concerned:
Description:
Entry 10 â All Sectors
All Sectors
Article 3.3. National Treatment)
Article 3.4. Most-Favoured-Nation Treatment)
Article 3.9. Performance Requirements)
Article 3.10. Senior Management and Board of Directors)
China reserves the right to adopt or maintain any measure with respect to any special arrangement or favourable treatment for any investor from Hong Kong Special Administration Region, Macao Special Administration Region and Chinese Taipei as well as for
any investment by such investors.
277
Sector: Obligations Concerned: Description:
Entry 11 â Government-granted Monopoly
Government-granted Monopoly Article 3.3 (National Treatment)
China reserves the right to adopt or maintain any measure with respect to the purchase, sale, storage and rotation etc. of Chinaâs central grain (oil) reserves that are subject to government-
authorised operation.
278
Sector: Obligations Concerned: Description:
Entry 12 â All Sectors
All Sectors
Article 3.3. National Treatment)
Article 3.4. Most-Favoured-Nation Treatment)
China reserves the right to adopt or maintain any measure with regard to opening A share securities accounts and opening futures accounts by foreign investors
279
Entry 13 â All Sectors
Sector: All Sectors Obligations Article 3.3 (National Treatment) Concerned: Article 3.4(Most-Favoured-Nation Treatment)
Article 3.9. Performance Requirements) Article 3.10 (Senior Management and Boards of Directors) Description: 1. China Reserves the Right to Adopt or Maintain Any Measure with Respect to a New Industry.
2. A new industry refers to an economic activity that does not exist as of the date of entry into force of this Agreement and that cannot be classified in ISIC Rev.4!.
3. China shall notify BELARUS prior to adopting a measure with respect to a new industry that is inconsistent with the above-mentioned obligations. At the request of either Party, the Parties shall enter into negotiations with regard to the
liberalisation commitments for a new industry.
1TSIC Rev. 4 refers to the fourth version of International Standard Industrial Classification of all Economic Activities published by the Statistical Office of the United Nations in 2008.
280
ANNEX ITI SCHEDULE OF SPECIFIC COMMITMENTS ON TEMPORARY MOVEMENT OF NATURAL PERSONS
THE REPUBLIC OF BELARUS
The following Schedule sets out The Republic of Belarusâ specific commitments in accordance with Chapter IV (Temporary Movement of Natural Persons) in respect of the temporary entry of natural persons.
The Republic of Belarus grants temporary entry to the extent provided for in this Schedule for the following categories of natural persons, provided that such natural persons are otherwise qualified under requirements to carry out a profession or activity and under all applicable immigration measures of the Republic of Belarus, so long as such requirements and immigration measures do not nullify or impair the Republic of Belarusâ obligations under Chapter IV (Temporary Movement of Natural Persons).
This Schedule reflects horizontal commitments for the categories of persons indicated herein, engaged in services and non-services sectors subject to this Agreement.
Sector-specific conditions and limitations for services sectors are indicated in the Schedule of
specific commitments under Chapter II (Trade in Services).
Description of Category
Conditions and Limitations
(including length of stay)
A. Intra-Corporate transferees (ICT)
Definition:
This category is limited to chief executives, senior managers and specialists of foreign juridical person other than non-profit organization, established in the territory of the Peopleâs Republic of China if such persons have been employed by the juridical person for the period of at least one year immediately preceding temporal transfer to the Republic of Belarus provided that upon transferring the said categories of ICT meet the requirements given below:
G@) Chief executives are natural persons working within a legal person. This category includes natural persons who primarily direct the management of the organization, exercise wide latitude in decision- making and receive only supervision or direction from higher-level executives, the board of directors or stockholders. Chief executives do not directly perform tasks related to the provision of the services
Work permits for indicated categories of ICTs, who meet the above requirements, are issued for a period of two years, with a possibility of extension to a given foreigner working within the specified organization for a period of two years, with a total term not to exceed eight years.
Issue of work permits for the Specialists permits requires a labour market test based on the employment situation in the subsector of the local geographic area and availability of qualified nationals. The procedures for labour market test for the specialists include publication of vacancy announcement and searching for appropriate local candidates in the state vacancy database of the competent authority. These procedures shall take no longer than one month. Permission for intra-corporate transferee shall be granted after these procedures
281
Description of Category
Conditions and Limitations
(including length of stay)
of the organization;
Gi) Senior managers are natural persons working within a legal person. This category includes natural persons who primarily direct the management of the organization or department or sub-division of the organization, supervise and control the work of other supervisory, managerial or professional staff. Senior managers do not directly perform tasks related to the provision of the services of the organization;
ii) Specialists are natural persons working within a legal person. This category includes natural persons who possess knowledge at an advanced level of expertise or uncommon knowledge essential to the establishment or the provision of the service, possess proprietary knowledge of the organization's products, services, research equipment, techniques or management. In assessing such knowledge account will be taken not only of the knowledge specific to the establishment, but also of whether the specialist has a high qualification referring to a type of work or trade requiring specific technical knowledge.
have been completed, unless a qualified local candidate who meets the requirements of the vacancy has been identified.
However, for ICTs, that are High Tech Park residents, labour market test is not applied.