(g) consider any other matter of interest relating to the implementation or operation of this Agreement.
4. The Joint Committee may:
(a) decide to establish or dissolve sub-committees, or allocate responsibilities to them;
(b) seek the advice of all interested parties including private sector and non-governmental organizations;
(c) consult the Parties in case of any controversial issue; (d) adopt its own rules of procedure; and
(e) take any other action in the exercise of its functions as the Parties may agree.
5. The first meeting of the Joint Committee shall be held within one year after the entry into force of this Agreement. Thereafter, the Joint Committee shall meet every two years or whenever necessary in the People's Republic of China or the Republic of Belarus alternately, unless the Parties agree otherwise. The Joint Committee shall be co-chaired by the representatives appointed by the People's Republic of China and the Republic of Belarus at the Ministerial level or its designated representatives.
6. Each Party may request at any time, through a notice in writing to the other Party, that a special meeting of the Joint Committee be held. Such a meeting shall take place within 30 days from the receipt of the request, unless the Parties agree otherwise.
7. Each meeting of the Joint Committee shall be held on a date mutually agreed by the Parties.
8. The Parties hold Joint Committee meetings as both virtual and face-to-face meetings.
9. The Joint Committee may invite, by agreement between the Parties, academics, experts from private sector or representatives from non-governmental organizations to attend its meetings in order to provide information on particular subjects.
10. A provisional agenda for each meeting shall be drawn up by the hosting Party on the basis of suggestions by the Parties. It shall be circulated to the other Party no later than 14 days before the meeting. The agenda shall be adopted by the Joint Committee at the beginning of each meeting. At the meeting, additional items may be included in the agenda, if the Parties so agree.
11. The working language of the Joint Committee shall be English. All working documents, minutes and decisions shall be in English.
12. Draft minutes of each meeting shall be drawn up by the host Party. The minutes shall, as a general rule, contain the following:
(a) a summary of the statements and conclusions reached on specific issues;
(b) decisions, recommendations and declarations adopted by the Joint Committee;
(c) all documentation formally presented by a Party and agreed to be included as annexes to the Joint Report; and
(d) a list of participants.
13. The draft agreed minutes shall be submitted to the Joint Committee for approval at the end of the meeting. If the approval is not possible during the meeting, the agreed minutes shall be approved by the Parties no later than three months after the date of the meeting.
14. The Joint Committee may adopt decisions or make recommendations by written procedure, if so agreed by the Parties.
15. Decisions and recommendations adopted by the Joint Committee shall bear a number and a title referring to their subject matter.
16. Each Party shall cover its own expenses relating to meetings of the Joint Committee. Expenses in connection with the organization of meetings, shall be borne by the Party that hosts the meeting.
Article 10.3. Entry Into Force
This Agreement shall come into force on the first day of the second month following the date of receipt through diplomatic channels of the last written notification of the completion of the internal legal procedures required for its entry into force by the Parties.
Article 10.4. Amendments and Review
1. The Parties may agree, in writing, to amend this Agreement. An amendment shall enter into force in accordance with the procedure under Article 10.3 (Entry into Force), or on such other date as the Parties may agree.
2. The Parties shall periodically review in the Joint Committee progress achieved in pursuing the objectives set out in this Agreement and consider relevant international developments to identify areas where further action could promote these objectives.
3. If any provision of the WTO Agreement that the Parties have incorporated into this Agreement is amended, the Parties shall consult with each other, via the Joint Committee, with a view to finding a mutually satisfactory solution, where necessary. As a result of such a review, the Parties may, by decision in the Joint Committee, modify this Agreement accordingly.
Article 10.5. Further Negotiations
1. Not later than five years from the date of entry into force of this Agreement and periodically thereafter Parties may enter into negotiations with a view to achieving a progressively higher level of commitments of this Agreement. This process shall take place with a view to promoting the interests of both Parties on a mutually advantageous basis and to securing balance of rights and obligations.
2. Upon the Republic of Belarus' accession to the WTO, the Parties shall enter into negotiations, beginning no later than one year from that date, with a view to achieving higher level of liberalization, promoting the interests of the Parties on a mutually advantageous basis and to secure an overall balance of rights and obligations.
Article 10.6. General Exceptions
1. For the purposes of Chapter III (Investment) and Chapter V (Electronic Commerce), Article XX of the GATT 1994, including its interpretative notes, is incorporated into and made part of this Agreement, mutatis mutandis.
2. For the purposes of Chapter II (Trade in Services), Chapter III (Investment), Chapter IV (Movement of Natural Persons) and Chapter V (Electronic Commerce), Article XIV of GATS, including its footnotes, is incorporated into and made part of this Agreement, mutatis mutandis.
Article 10.7. Termination
1. This Agreement is concluded for an indefinite period.
2. Either Party may terminate this Agreement by sending a written notification to the other Party of its intention to terminate the Agreement through diplomatic channels.
3. In such case, the Agreement shall be terminated in six months after the date of notification under paragraph 2 of this Article.
4. Within 30 days of a notification under paragraph 2 of this Article, 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 3 of this Article. Such consultations shall commence within 30 days of a Party's delivery of such request. If no consensus is reached through consultations, the said provision will be terminated under paragraph 3 of this Article.
Article 10.8. Authentic Texts
This Agreement is done in Minsk on 22 August 2024 in duplicate in the Russian, Chinese and English languages, all texts being equally authentic. In case of divergence of interpretation of this Agreement the English text shall prevail.
Conclusion
For the Government of the Republic of Belarus
For the Government of the People's Republic of China
Attachments
ANNEX II. SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR INVESTMENT. The People's Republic of China
LIST A. RESERVATIONS FOR EXISTING MEASURES SCHEDULE OF CHINA
Explanatory Notes
1. List A sets out, pursuant to Article 3.14 (Non-Conforming Measures), the reservations of China with respect to existing 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 A 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) Level of Government indicates the level of government maintaining the scheduled measure or measures;
(d) Measures (1) identifies the laws, regulations, or other measures for which the Entry is made. A measure cited in the Measures element:
(ij) 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 measure for which the Entry is made.
3. In accordance with subparagraph (a) of paragraph 1 of Article 3.14 (Non- Conforming Measures), and subject to subparagraph (c) of paragraph 1 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 non-conforming aspects of the law, regulation, or other measure, as applicable, identified in the Measures element of that Entry, as set out in the Description element.
4. In the interpretation of an Entry, all elements of the Entry shall be considered. The Measures element shall prevail over all other elements, unless otherwise explicitly indicated in the Entry, or where a 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 prevails, in which case the other elements shall prevail to the extent of that discrepancy.
5. Where there is an overlap between the contents of this List and List B, notwithstanding the obligations China assumes pursuant to paragraph 1 of Article 3.14 (Non-Conforming Measures) and this List, China remains entitled to adopt or maintain relevant measures in accordance with paragraph 2 of Article 3.14 (Non-Conforming Measures) and List B.
6. For the purposes of List A:
(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 proportion of investment held by foreign investors, whether directly and indirectly, is not greater than 49%;
(d) "proportion of investment" means the aggregate proportion of investment or equity ratio held by an investor and its affiliates in a single enterprise, directly or indirectly;
(e) Where a party has control or common control over the other party or significantly affects the other party, or two or more parties are controlled by or under the common control of or are significantly affected by another party, they shall constitute the "affiliates" to each other.
(f) for greater certainty, a foreign investor and its affiliates are considered to be one single foreign investor; foreign investors shall not circumvent any requirements for foreign investors as set out in an Entry.
7. List A 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.
Entry 1 - Seed Industry
Sector: Seed Industry
Obligations Concerned: Article 3.3 (National Treatment)
Level of Government: Central, Provincial, Local
Measures:
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.
Description:
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).
Entry 2 - Fishery
Sector:Fishery
Obligations Concerned: Article 3.3 (National Treatment)
Level of Government:Central
Measures:
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.
Description:
Foreign investors may not invest in the fishing of aquatic animals or plants in the sea and inland waters under the jurisdiction of China.
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: Article 3.3 (National Treatment)
Level of Government: Central
Measures:
Law on the Exclusive Economic Zone and the Continental Shelf (1998), Article 7.
Description:
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.
Entry 4 - Exploration, Exploitation and Smelting of Minerals
Sector:Exploration, Exploitation and Smelting of Minerals
Obligations Concerned: Article 3.3 (National Treatment)
Level of Government:Central
Measures:
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.
Description:
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.
Entry 5 - Printing of Publications
Sector:Printing of Publications
Obligations Concerned: Article 3.3 (National Treatment)
Level of Government:Central
Measures:
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.
Description:
Chinese control is required for investments by foreign investors in the printing of publications.
Entry 6 - Atomic Energy
Sector: Atomic Energy
Obligations Concerned: Article 3.3 (National Treatment)
Level of Government:Central
Measures:
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.
Description:
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.
Entry 7 - Government-granted Monopoly
Sector: Governnent-granted Monopoly
Obligations Concerned: Article 3.3 (National Treatment)
Level of Government:Central
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).
Entry 8 - All Sectors