Text Summary Metadata Send a comment
Belarus - China Agreement on Service Trade and Investment (2024)
Previous page Next page

255

Sector: Obligations Concerned: Level of Government

Measures:

Description:

Entry 1 — Seed Industry

Seed Industry

Article 3.3. National Treatment)

Central, Provincial, Local

Seed Law (2021), Articles 8, 11 and 61;

Relevant item of the Special Administrative Measures for the Access of Foreign Investment (Negative List) which is effective on the date of entry into force of this Agreement.

1. Foreign investors 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 the good genes in the plantation, animal husbandry and fishing industry).

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, and seeds and sprouts of aquatic animals or

plants, and in the production of their transgenic seeds (sprouts).

256

Sector: Obligations Concerned: Level of Government:

Measures:

Description:

Entry 2 — Fishery

Fishery

Article 3.3. National Treatment)

Central

Fisheries Law (2013);

Law on the Exclusive Economic Zone and the Continental Shelf (1998), Article 5,

Law on the Territorial Sea and the Contiguous Zone (1992), Article 11

Relevant item of the Special Administrative Measures for the Access of Foreign Investment (Negative List) which is effective on the date of entry into force of this Agreement.

Foreign investors may not invest in the fishing of aquatic animals or plants in the sea and inland waters under the jurisdiction of China.

257

Entry 3 — Exploration and Exploitation of Exclusive Economic Zone and

Sector:

Obligations Concerned: Level of Government

Measures:

Description:

Continental Shelf

Exploration and Exploitation of Exclusive Economic Zone and Continental Shelf

Article 3.3. National Treatment)

Central

Law on the Exclusive Economic Zone and the Continental Shelf (1998), Article 7.

Any international organisation, foreign entity or individual must obtain approval from the 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.

258

Entry 4— Exploration, Exploitation and Smelting of Minerals

Sector: Obligations Concerned: Level of Government:

Measures:

Description:

Exploration, Exploitation and Smelting of Minerals

Article 3.3. National Treatment)

Central

Notice of the State Council on Classifying Tungsten, Tin, Antimony and Ion-Type Rare Earth Minerals as Specific Minerals Under Protective Mining by the State (1991), Article 2;

Relevant item of the Special Administrative Measures for the Access of Foreign Investment (Negative List) which is effective on the date of entry into force of this Agreement.

1, Foreign investors may not invest in the exploration, exploitation or ore dressing of rare earth.

2. Foreign investors may not invest in the exploration, exploitation or ore dressing of tungsten.

3. Foreign investors may not enter the mining area of rare earth mines or obtain mine geological data, ore samples or production

processes and technology without approval.

259

Sector: Obligations Concerned: Level of Government:

Measures:

Description:

Entry 5 — Printing of Publications

Printing of Publications

Article 3.3. National Treatment)

Central

Regulation on the Administration of Printing Industry (2020), Article 14;

Relevant item of the Special Administrative Measures for the Access of Foreign Investment (Negative List) which is effective on the date of entry into force of this Agreement.

Chinese control is required for investments by foreign investors in

the printing of publications.

260

Sector: Obligations Concerned: Level Government:

Measures:

Description:

of

Entry 6 — Atomic Energy

Atomic Energy

Article 3.3. National Treatment)

Central

Regulation of the People's Republic of China on the Control over Nuclear Exports (2006), Articles 2 and 6;

Relevant item of the Special Administrative Measures for the Access of Foreign Investment (Negative List) which is effective on the date of entry into force of this Agreement.

1. Chinese control is required for investment by foreign investors in the building or operation of nuclear power stations. 2. Foreign investors may not invest in the exploration, mining, ore dressing, purification, transformation or isotope separation of radioactive mineral resources, or engage in nuclear export businesses for materials and items listed in the Nuclear Export Control List.

261

Entry 7 — Government-granted Monopoly

Sector: Governnent-granted Monopoly Obligations . .

Article 3.3. National Treatment) Concerned: Level of

Central Government:

Measures: Law on Tobacco Monopoly (2015), Articles 1 through 3; Relevant item of the Special Administrative Measures for the Access of Foreign Investment (Negative List) which is effective on the date of entry into force of this Agreement.

Description: Foreign investors may not invest in the manufacture, wholesale, retail, import or export of leaf tobacco, cigarettes, re-dried leaf

tobacco, cigars, cut tobacco and other tobacco products!.

1 For the purposes of this entry, “other tobacco products” refers to products entirely or partly made of the leaf tobacco as raw material, which are manufactured to be used for smoking, sucking, chewing or snuffing, and other new tobacco products including electronic cigarettes.

262

Sector: Obligations Concerned: Level Government:

Measures:

Description:

of

Entry 8 — All Sectors

All Sectors

Article 3.3. National Treatment)

Central

Regulation of the People's Republic of China on the Administration of Foreign Exchange (2008), Articles 16 and 23; Notice of the State Administration of Foreign Exchange on Reforming and Regulating Policies on the Administration of Foreign Exchange Settlement of Capital Accounts (2016).

A foreign investor making an investment within the territory of China shall complete a foreign exchange registration in accordance with the relevant provisions, and shall comply with foreign exchange provisions, including provisions on account opening, funds transfer and settlement, receipt and payment and

cross-border securities investment quota, etc.

263

Sector: Obligations Concerned: Level Government:

Measures:

Description:

of

Entry 9 — All Sectors

All Sectors

Article 3.3. National Treatment)

Central

Law of the Peoples Republic of China on Sole Proprietorship Enterprises (1999), Article 47;

Law of the People’s Republic of China on Specialised Cooperatives of Farmers (2017), Articles 2, 3, 4 and 19; Regulation on Promoting the Development of Individual Business Entities (2022), Article 2;

Special Administrative Measures for Market Access of Foreign Investment (Negative List) (2021 Edition), Paragraph 4 of the Notes.

1, Foreign investors may not carry out business operations in China in the forms of Individual Business Entities or Sole Proprietorship enterprises, or as members of specialised cooperatives of farmers.

2. Foreign-funded partnership enterprises may not be established in industries, areas or businesses which are subject to the requirement of "foreign investors may not invest", "Chinese control", “relative Chinese control", or "may invest only in the form of a joint venture", or in industries, areas or businesses which are subject to certain proportion of foreign investment requirements, as included in the Schedule of China in List A and List B.

264

Sector: Obligations Concerned: Level of Government:

Measures:

Description:

Entry 10— All Sectors

All Sectors

Article 3.3. National Treatment)

Central

Regulation for the Implementation of Foreign Investment Law (2019), Article 34.

The relevant authorities in the course of performing their duties according to law, shall not grant the licence, enterprise registration, or any other relevant matters if a foreign investor proposes to invest in sectors covered by the Negative List but not in compliance with the requirements listed in the Negative List; nor the project approval for an investment in fixed assets should be issued.!

1 For the purposes of this entry, “Negative List” refers to the Special Administrative Measures for the Access of Foreign Investment (Negative List) published by the Chinese government which is effective on the date of entry into force of this Agreement and its subsequent renewals.

265

List B RESERVATIONS FOR FUTURE MEASURES SCHEDULE OF CHINA

266

Explanatory Notes

1. List B sets out, pursuant to Article 3.14 (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 some or all of the obligations imposed by:

(a) Article 3.3 (National Treatment);

(b) Article 3.4 (Most-Favoured-Nation Treatment);

(c) Article 3.9 (Performance Requirements); or

(d) Article 3.10 (Senior Management and Boards of Directors). 2. Each Entry in List B sets out the following elements:

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

(b) Obligations Concerned specifies the obligation referred to in paragraph 1 for which a reservation is taken;

(c) Description sets out the scope of the sectors, sub-sectors or activities covered by the Entry.

3. In accordance with paragraph 2 of Article 3.14(Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an Entry do not apply to the sectors, sub-sectors or activities identified in the Description element of that Entry.

4. For the purposes of List B, "foreign investor" means any investor of the other Party or a non-Party. 5. List B only applies to non-services investments by foreign investors, does not

apply to any investments by foreign investors in services. Any aspects of such an entry which relate to investment in service are subject to the Chapter II (Trade in Service) only.

267

Sector: Obligations Concerned:

Description:

Without Prejudice

Entry 1 — Atomic Energy

Atomic Energy

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 storage, transportation and reprocessing of spent fuels, decommissioning of nuclear facilities and disposal of

Previous page Page 17 Next page
  • Chapter   I INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Article   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 Scope 1
  • Article   1.5 General Definitions 1
  • Chapter   II TRADE IN SERVICES 1
  • Article   2.1 Scope 1
  • Article   2.2 Definitions 1
  • Article   2.3 Most-Favoured-Nation Treatment 1
  • Article   2.4 Transparency 1
  • Article   2.5 Disclosure of Confidential Information 1
  • Article   2.6 Domestic Regulation 1
  • Article   2.7 Recognition 2
  • Article   2.8 Payments and Transfers 2
  • Article   2.9 Monopolies and Exclusive Service Suppliers 2
  • Article   2.10 Business Practices 2
  • Article   2.11 Market Access 2
  • Article   2.12 National Treatment 2
  • Article   2.13 Additional Commitments 2
  • Article   2.14 Schedule of Specific Commitments 2
  • Article   2.15 Denial of Benefits 2
  • Article   2.16 Modification of Schedules 2
  • Article   2.17 Security Exceptions 2
  • Annex 2-3  Financial Services 2
  • Article   1 Scope and Definitions 2
  • Article   2 Prudential Carve-Out (18) 2
  • Article   3 Transparency 2
  • Article   4 Payment and Clearing Systems 2
  • Article   5 New Financial Services 2
  • Article   6 Data Processing 2
  • Article   7 Expeditious Application Procedures 2
  • Article   8 Dispute Settlement 2
  • Article   9 Recognition 2
  • Chapter   III INVESTMENT 2
  • Section   A 2
  • Article   3.1 2
  • Article   3.2 Scope and Coverage 3
  • Article   3.3 National Treatment?! 3
  • Article   3.4 Most-Favored-Nation Treatment 3
  • Article   3.5 Minimum Standard of Treatment 3
  • Article   3.6 Compensation for Losses 3
  • Article   3.7 Expropriation and Compensation? 3
  • Article   3.8 Transfers*+ 3
  • Article   3.9 Performance Requirements 3
  • Article   3.10 Senior Management and Boards of Directors 4
  • Article   3.11 Transparency 4
  • Article   3.12 Administrative Proceedings 4
  • Article   3.14 Non-Conforming Measures 4
  • Article   3.15 Special Formalities and Information Requirements 4
  • Article   3.16 Non-Derogation 4
  • Article   3.17 Subrogation 4
  • Article   3.18 Denial of Benefits 4
  • Article   3.19 Disclosure of Information 4
  • Article   3.20 Essential Security 1. Nothing In this Chapter Shall Be Construed: 4
  • Article   3.2 Financial Services 4
  • Section   Section B. the Determination Shall Be Binding on the Tribunal Constituted Under Section B. 4
  • Article   3.22 Taxation 4
  • Section   Section B 4
  • Article   3.23 Consultations 4
  • Article   3.24 Submission of a Claim to Arbitration 4
  • Article   3.25 Consent of Each Party to Arbitration 5
  • Article   3.26 Conditions and Limitations on Consent of Each Party 5
  • Article   3.27 Constitution of the Tribunal 5
  • Article   3.28 Conduct of the Arbitration 5
  • Article   3.29 Governing Law 5
  • Article   3.30 Discontinuance 5
  • Article   3.31 Awards 5
  • Article   3.32 Expert Reports 5
  • Article   3.33 Service of Documents 5
  • Chapter   CHAPTER IV TEMPORARY MOVEMENT OF NATURAL PERSONS 5
  • Article   4.1 Definitions for the Purposes of this Chapter: 5
  • Article   4.2 Scope 5
  • Article   4.3 Grant of Temporary Entry and Temporary Stay 6
  • Article   4.4 Schedules of Specific Commitments on Temporary Movement of Natural Persons 6
  • Article   4.5 Transparency 6
  • Article   4.6 Requirements and Procedures Related to Temporary Entry and Temporary Stay 6
  • Article   4.7 Spouses and Dependents 6
  • Article   4.8 Cooperation 6
  • Article   4.9 Dispute Settlement 6
  • Chapter   CHAPTER V ELECTRONIC COMMERCE Article 5.1 Definition for the Purposes of this Chapter: 6
  • Article   5.2 Scope and General Provisions 6
  • Article   5.3 Online Consumer Protection 6
  • Article   5.4 Online Personal Information Protection 6
  • Article   5.5 Unsolicited Commercial Electronic Messages 6
  • Article   5.6 Domestic Regulatory Framework 6
  • Article   5.7 Customs Duties 6
  • Article   5.8 Transparency 6
  • Article   5.9 Cyber Security 6
  • Article   5.10 Electronic Authentication and Electronic Signatures 6
  • Article   5.11 Paperless Trading 1. Each Party Shall: 6
  • Article   5.12 Network Equipment 6
  • Article   5.13 Cooperation on Electronic Commerce 6
  • Article   5.14 Non-Application of Dispute Settlement 6
  • Chapter   CHAPTER VI MICRO, SMALL AND MEDIUM-SIZED ENTERPRISES 6
  • Article   6.1 Regulatory Environment 6
  • Article   6.2 Exchange of Information 6
  • Article   6.3 Cooperation 1. the Parties Shall Encourage: 6
  • Chapter   CHAPTER VII INTELLECTUAL PROPERTY Article 7.1 Objectives and Principles 7
  • Article   7.2 Definitions for the Purposes of this Chapter: 7
  • Article   7.3 General Provisions 7
  • Article   7.4 Contact Points 7
  • Article   7.5 Notification and Exchange of Information 1. at the Request of a Party the Parties Shall Inform Each other of: (a) Legislation Status and Developments In Relation to Intellectual Property; 7
  • Article   7.6 Cooperation and Capacity Building 7
  • Article   7.7 Consultation 7
  • Chapter   CHAPTER VIII COMPETITION Article 8.1 Definitions for the Purposes of this Chapter: 7
  • Article   8.2 Objectives 7
  • Article   8.3 Competition Laws and Authorities 7
  • Article   8.4 Principles In Law Enforcement 7
  • Article   8.5 Transparency 7
  • Article   8.6 Cooperation In Law Enforcement 7
  • Article   8.7 Notification 7
  • Article   8.8 Consultation 7
  • Article   8.9 Exchange of Information 7
  • Article   8.10 Technical Cooperation 7
  • Article   8.11 Independence of Competition Law Enforcement 7
  • Article   8.12 Dispute Settlement 7
  • Chapter   CHAPTER IX DISPUTE SETTLEMENT Article 9.1 Scope and Coverage*® 7
  • Article   9.2 Cooperation 7
  • Article   9.3 Choice of Forum 7
  • Article   9.4 Consultations 7
  • Article   9.5 Good Offices, Conciliation and Mediation 7
  • Article   9.6 Establishment of Arbitration Panels 7
  • Article   9.7 Functions of Arbitration Panels 7
  • Article   9.8 Composition of Arbitration Panels 1. Arbitration Panels Shall Consist of Three Arbitrators. 7
  • Article   9.9 Proceedings of Arbitration Panels 7
  • Article   9.10 Suspension or Termination of Proceedings 7
  • Article   9.11 Arbitration Panel Report 8
  • Article   9.12 Implementation of the Final Report 8
  • Article   9.13 Compliance Review 8
  • Article   9.14 Non-Implementation, Compensation and Suspension of Concessions or other Obligations 8
  • Article   9.15 Post Suspension 8
  • Article   9.16 Rules of Procedure 8
  • Article   9.17 Application and Modification of Rules and Procedures 8
  • Article   9.18 Private Rights* 8
  • Chapter   CHAPTER X INSTITUTIONAL AND FINAL PROVISIONS Article 10.1 Annexes 8
  • Article   10.2 Joint Committee 8
  • Article   10.3 Entry Into Force 8
  • Article   10.4 Amendments and Review 8
  • Article   10.5 Further Negotiations 8
  • Article   10.6 General Exceptions 8
  • Article   10.7 Termination 1. this Agreement Is Concluded for an Indefinite Period. 8
  • Article   10.8 Authentic Texts 8
  • Article   3.3 National Treatment) 17
  • Article   3.3 National Treatment) 17
  • Article   3.3 National Treatment) 17
  • Article   3.3 National Treatment) 17
  • Article   3.3 National Treatment) 17
  • Article   3.3 National Treatment) 17
  • Article   3.3 National Treatment) Concerned: Level of 17
  • Article   3.3 National Treatment) 17
  • Article   3.3 National Treatment) 17
  • Article   3.3 National Treatment) 17
  • Article   3.3 National Treatment) 17
  • Article   3.4 Most-Favoured-Nation Treatment) 17
  • Article   3.9 Performance Requirements) 17
  • Article   3.10 Senior Management and Boards of Directors) 17
  • Article   3.3 National Treatment) 18
  • Article   3.4 Most-Favoured-Nation Treatment) 18
  • Article   3.9 Performance Requirements) 18
  • Article   3.10 Senior Management and Boards of Directors) 18
  • Article   3.3 National Treatment) 18
  • Article   3.9 Performance Requirements) 18
  • Article   3.10 Senior Management and Board of Directors) 18
  • Article   3.3 National Treatment) 18
  • Article   3.4 Most-Favoured-Nation Treatment) 18
  • Article   3.9 Performance Requirements) 18
  • Article   3.10 Senior Management and Board of Directors) 18
  • Article   3.3 National Treatment) 18
  • Article   3.4 Most-Favoured-Nation Treatment) 18
  • Article   3.9 Performance Requirements) 18
  • Article   3.10 Senior Management and Board of Directors) 18
  • Article   3.3 National Treatment) 18
  • Article   3.4 Most-Favoured-Nation Treatment) 18
  • Article   3.9 Performance Requirements) 18
  • Article   3.10 Senior Management and Boards of Directors) 18
  • Article   3.3 National Treatment) 18
  • Article   3.4 Most-Favoured-Nation Treatment) 18
  • Article   3.9 Performance Requirements) 18
  • Article   3.10 Senior Management and Board of Directors) 18
  • Article   3.3 National Treatment) 18
  • Article   3.4 Most-Favoured-Nation Treatment) 18
  • Article   3.9 Performance Requirements) 18
  • Article   3.10 Senior Management and Board of Directors) 18
  • Article   3.3 National Treatment) 18
  • Article   3.4 Most-Favoured-Nation Treatment) 18
  • 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. 18
    • Name
    Belarus - China Agreement on Service Trade and Investment (2024)
    PDF Link
    Belarus - China Agreement on Service Trade and Investment (2024)
    Signed date
    22 / Aug / 2024
    Date into force
    01 / Jan / 2026
    Treaty type
    Other International Investment Agreements
    Origin language
    en
    Party ISO codes
    BLR,CHN
    Relationship with other documents
    Type Agreements Date of signature Date of entry in force
    IT_OVERLAP Belarus - China BIT (1993) 11 / Jan / 1993 14 / Jan / 1995
    IT_OVERLAP Eurasian Economic Union - China Economic and Trade Cooperation Agreement (2018) 17 / Aug / 2018 25 / Oct / 2019
    PDF
    PDF
    Original PDF
    Original PDF