4. If a Party does not require that a major supplier offer co-location at certain premises, it nonetheless shall allow service suppliers to request that those premises be offered for co-location consistent with paragraph 1, without prejudice to the Party’s decision on such a request.
Article 12 Independent Telecommunications Regulatory Body
1. Each Party shall ensure that its telecommunications regulatory body is separate from, and not accountable to, any supplier of public telecommunications services.
2. Each Party shall ensure that the regulatory decisions of, and the procedures used by, its telecommunications regulatory body are impartial with respect to all market participants.
3. No Party shall accord more favourable treatment to a supplier of telecommunications services in its territory than that accorded to a like service supplier of the other Party on the basis that the supplier receiving more favourable treatment is owned by the national government of the Party.
Article 13 Universal Service
Each Party has the right to define the kind of universal service obligations it wishes to maintain. Such obligations shall not be regarded as anti-competitive per se, provided that they are administered in a transparent, non-discriminatory, and competitively neutral manner, and are not more burdensome than necessary for the kind of universal service defined by the Party.
Article 14 Licensing
1. Where a licence is required for the supply of public telecommunications networks or services, the Party shall ensure the public availability of:
(a) all the licensing criteria and procedures that it applies; (6)
(b) the period of time normally required to reach a decision concerning an application for a licence; and
(c) the general terms and conditions of a licence.
2. The Party shall notify an applicant of the outcome of its application without undue delay after a decision has been taken.
3. The Party shall ensure that, upon request, an applicant or a licensee is provided with the reasons for the:
(a) denial of a licence;
(b) imposition of supplier-specific conditions on a licence;
(c) refusal to renew a licence; or
(d) revocation of a licence.
Article 15 Allocation and Use of Scarce Resources
1. Each Party shall administer its procedures for the allocation and use of scarce resources related to telecommunications, including frequencies and numbers, in an objective, timely, transparent and non-discriminatory manner.
Spectrum
2. Each Party shall make publicly available the current state of allocated frequency bands, but shall not be required to provide detailed identification of frequencies allocated for specific government uses.
3. For greater certainty, a Party’s measures allocating and assigning spectrum and managing frequency are not measures that are per se inconsistent with Article 3 (Market Access) of Chapter 8 (Cross-Border Trade in Services). Accordingly, each Party retains the right to establish and apply spectrum and frequency management policies that may have the effect of limiting the number of suppliers of public telecommunications networks or services, provided that the Party does so in a manner consistent with other provisions of this Agreement. Such right includes the ability to allocate frequency bands, taking into account current and future needs and spectrum availability.
4. When making a spectrum allocation for commercial telecommunications services, each Party shall endeavour to rely on an open and transparent process that considers the public interest, including the promotion of competition. Each Party shall endeavour to rely generally on market-based approaches in assigning spectrum for terrestrial commercial telecommunications services, if appropriate. In this regard, each Party may use mechanisms such as auctions, administrative incentive pricing, or unlicensed use, if appropriate, to assign spectrum for commercial use.
Numbers
5. Each Party shall ensure that a supplier of public telecommunications networks or services of the other Party established in the territory of the former Party is afforded access to telephone numbers in a non-discriminatory manner.
Article 16 Transparency
1. Each Party shall endeavour to ensure that when its telecommunications regulatory body seeks input (7) on a proposal for a law or regulation, that body will:
(a) make the proposal public or otherwise available to any interested persons;
(b) include an explanation of the purpose of and reasons for the proposal;
(c) provide interested persons with adequate public notice of the ability to comment and reasonable opportunity for such comment; and
(d) to the extent practicable, make publicly available all relevant comments filed with it.
2. Each Party shall ensure that its measures relating to public telecommunications services are made publicly available, including:
(a) tariffs and other terms and conditions of service;
(b) specifications of technical interfaces with such networks and services;
(c) information on bodies responsible for the preparation, amendment, and adoption of standards affecting such access and use;
(d) conditions for attaching terminal or other equipment to the public telecommunications network;
(e) requirements for notification or licensing if any; and
(f) general procedures relating to resolution of telecommunications disputes provided for in Article 24 (Resolution of Telecommunications Disputes).
Article 17 Relation to International Organisations
The Parties recognise the importance of international standards for global compatibility and inter-operability of telecommunications networks and services and undertake to promote such standards through the work of relevant international bodies, including the International Telecommunication Union and the International Organization for Standardization.
Article 18 International Submarine Cable Systems
Where a Party has authorised a supplier of public telecommunications networks or services in its territory to operate an international submarine cable system as a public telecommunications network or service, that Party shall ensure that such supplier accords the suppliers of public telecommunications networks or services of the other Party reasonable and non-discriminatory treatment for access to the international submarine cable system. (8) (9)
Article 19 Unbundling of Network Elements
Each Party shall endeavour to ensure that a major supplier in its territory offers access to network elements on an unbundled basis on terms and conditions that are reasonable, non-discriminatory and transparent for the supply of public telecommunications services. Each Party may determine the network elements required to be made available in its territory, and the suppliers that may obtain those elements, in accordance with its laws and regulations. (10)
Article 20 Access to Poles, Ducts, and Conduits
1. Each Party shall endeavour to ensure that a major supplier in its territory provides access to poles, ducts, conduits, or any other structures as determined by the Party, owned or controlled by the major supplier, to suppliers of public telecommunications services of the other Party in the Party’s territory, on a timely basis, and on terms and conditions and at rates that are reasonable, non-discriminatory and transparent, subject to technical feasibility.
2. A Party may determine, in accordance with its laws and regulations, the poles, ducts, conduits, or any other structures to which it requires major suppliers in its territory to provide access in accordance with paragraph 1. When the Party makes this determination, it shall take into account factors such as the competitive effect of lack of such access, whether such structures can be substituted in an economically or technically feasible manner in order to provide a competitive service, or other specified public interest factors.
Article 21 Flexibility in the Choice of Technology
1. A Party shall not prevent suppliers of public telecommunications networks or services from having the flexibility to choose the technologies that they use to supply their services.
2. Notwithstanding paragraph 1, a Party may apply a measure that limits the technologies that a supplier of public telecommunications networks or services may use to supply its services, provided that the measure is designed to achieve a legitimate public policy objective and is not prepared, adopted, or applied in a manner that creates unnecessary obstacles to trade.
Article 22 International Mobile Roaming
1. The Parties shall endeavour to cooperate on promoting transparent and reasonable rates for international mobile roaming services that can help promote the growth of trade among the Parties and enhance consumer welfare.
2. A Party may take steps to enhance transparency and competition with respect to international mobile roaming services, such as:
(a) ensuring that information regarding retail rates is easily accessible to consumers; and
(b) minimising impediments to roaming, whereby consumers when visiting the territory of a Party from the territory of the other Party can access telecommunications services using the device of their choice.
3. The Parties recognise that a Party, where it has the authority to do so, may choose to promote competition with respect to international mobile roaming rates including through commercial arrangements, or to adopt or maintain measures affecting rates for wholesale or retail international roaming services with a view to ensuring that the rates are reasonable. If a Party considers it appropriate, it may cooperate on and implement mechanisms with other Parties to facilitate the implementation of those measures, including by entering into arrangements with those Parties.
4. If a Party (hereinafter referred to as “the first Party” in this paragraph) chooses to regulate rates or conditions for wholesale or retail international mobile roaming services, it shall ensure that a supplier of public telecommunications services of the other Party (hereinafter referred to as “the second Party” in this paragraph) has access to the regulated rates or conditions for wholesale or retail international mobile roaming services for its customers roaming in the territory of the first Party if the second Party has entered into an arrangement with the first Party to reciprocally regulate rates or conditions for wholesale or retail international mobile roaming services for suppliers of the two Parties. (11) The first Party may require suppliers of the second Party to fully utilise commercial negotiations to reach agreement on the terms for accessing such rates or conditions.
5. A Party that ensures access to regulated rates or conditions for wholesale or retail international mobile roaming services in accordance with paragraph 4, shall be deemed to be in compliance with Article 5 (Most-Favoured-Nation Treatment) of Chapter 8 (Cross-Border Trade in Services), Article 4 (Access and Use), and Article 7 (Treatment by Major Suppliers), with respect to international mobile roaming services.
6. Nothing in this Article shall require a Party to regulate rates or conditions for international mobile roaming services.
Article 23 Cooperation
1. The Parties may agree to cooperate by:
(a) sharing information, experiences, and best practices on addressing challenges relating to the development of the telecommunications industry, taking into account, among other things, key advancements in emerging technologies and industry trends; and
(b) promoting collaboration between a Party and companies and businesses of the other Party, including their small and medium enterprises, as well as among the Parties’ respective companies and businesses, including their small and medium enterprises, to support innovation and the development of their respective telecommunications industries.
2. The Parties will endeavour to cooperate in ways that build on, but do not duplicate, existing cooperation initiatives already being pursued by the Parties bilaterally or in international fora. Such cooperation may include, in particular, measures to facilitate industry participation by enterprises of one Party in pilot projects initiated by the other Party, with the objective of driving digital transformation and innovation in the telecommunications sector.
Article 24
Resolution of Telecommunications Disputes
1. Each Party shall ensure that a supplier of public telecommunications networks or services of the other Party may have timely recourse to its telecommunications regulatory body or dispute resolution body to resolve disputes arising under this Chapter in accordance with its laws and regulations.
2. Each Party shall ensure that any supplier of public telecommunications networks or services aggrieved by a final determination or decision of its relevant telecommunications regulatory body may obtain a review of such determination or decision in accordance with its laws and regulations.
3. No Party shall permit the making of an application for review to constitute grounds for non-compliance with the determination or decision of its telecommunications regulatory body, unless its relevant body determines otherwise.
Attachments
ANNEX 5. PART A. CHINA’S SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR SERVICES AND INVESTMENT
LIST I
EXPLANATORY NOTES
1. List I of the Schedule of China in this Annex sets out, pursuant to Article 7 (Reservations and Non-Conforming Measures) of Chapter 8 (Cross-Border Trade in Services) and Article 6ter (Reservations and Non-Conforming Measures) of Chapter 10 (Investment), China’s existing measures that are not subject to some or all of the obligations imposed by:
(a) Article 3 (Market Access) of Chapter 8 (Cross-Border Trade in Services);
(b) Article 4 (National Treatment) of Chapter 8 (Cross-Border Trade in Services) or Article 3 (National Treatment) of Chapter 10 (Investment);
(c) Article 5 (Most-Favoured-Nation Treatment) of Chapter 8 (Cross-Border Trade in Services) or Article 4 (Most-Favoured-Nation Treatment) of Chapter 10 (Investment);
(d) Article 6 (Local Presence) of Chapter 8 (Cross-Border Trade in Services);
(e) Article 6 (Prohibition of Performance Requirements) of Chapter 10 (Investment); or
(f) Article 6bis (Senior Management and Board of Directors) of Chapter 10 (Investment).
2. Each entry in List I sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Obligations Concerned specifies the article(s) referred to in paragraph 1 that, pursuant to paragraph 1(a) of Article 6ter (Reservations and Non-Conforming Measures) of Chapter 10 (Investment) and paragraph 1(a) of Article 7 (Reservations and Non-Conforming Measures) of Chapter 8 (Cross-Border Trade in Services), do not apply to the non-conforming aspects of the Measures or the Description, as set out in paragraph 3;
(c) Level of Government indicates the level of government maintaining the scheduled measure(s);
(d) Measures (1) identifies 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 measure for which the entry is made.
3. In accordance with paragraph 1(a) of Article 6ter (Reservations and Non-Conforming Measures) of Chapter 10 (Investment) and paragraph 1(a) of Article 7 (Reservations and Non-Conforming Measures) of Chapter 8 (Cross-Border Trade in Services), and subject to paragraph 1(c) of Article 6ter (Reservations and Non-Conforming Measures) of Chapter 10 (Investment) and paragraph 1(c) of Article 7 (Reservations and Non-Conforming Measures) of Chapter 8 (Cross-Border Trade in Services), 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, as applicable, identified in the Measures element of that entry.
4. In the interpretation of a Schedule entry, all elements of the entry, as well as the articles against which the entry is made, shall be considered. Unless otherwise explicitly indicated in the entry, the Measures element shall prevail over all other elements, including where a difference exists between the Description element and the Measures element in the aspect of liberalisation commitments.
5. For greater certainty, where there is overlap between the contents of List I and List II, notwithstanding the obligations a Party assumes under paragraph 1 of Article 6ter (Reservations and Non-Conforming Measures) of Chapter 10 (Investment), paragraph 1 of Article 7 (Reservations and Non-Conforming Measures) of Chapter 8 (Cross-Border Trade in Services) and List I, the Party remains entitled to adopt or maintain relevant measures in accordance with paragraph 2 of Article 6ter (Reservations and Non-Conforming Measures) of Chapter 10 (Investment), paragraph 2 of Article 7 (Non-Conforming Measures) of Chapter 8 (Cross-Border Trade in Services) and List II.
6. For greater certainty, unless otherwise specified, “all sectors” referred to in List I shall mean all sectors including financial services.
7. For the purposes of List I of the Schedule of China in this Annex:
(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 investment proportion held by foreign investors, whether directly and indirectly, is not greater than 49%.
8. For greater certainty, with respect to reservations concerning the supply of a service, 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, as applicable, identified in the Measures element of that entry, regardless of the mode(s) of service supply unless otherwise specified or described in the reservation, law, regulation or measure.
9. The Schedule of Singapore shall not be used to interpret China’s commitments or obligations under Chapter 8 (Cross-Border Trade in Services) or Chapter 10 (Investment).
Entry 1 – Seed Industry Sector: Seed Industry Obligations Concerned: National Treatment (Investment) Level of Government: Central Measures: Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021), Articles 1, 2 and 3. Description: Investment 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 high quality genes in the industries of crop production, livestock industry and aquaculture). 2. Chinese control is required for investments by foreign investors in the selection and breeding of new varieties of corn and seed production of corn. Chinese shareholding in the selection and breeding of new varieties of wheat and seed production of wheat shall not be less than 34%. 3. Foreign investors may not invest in the selection and breeding of transgenic varieties of crops, livestock and poultry raised for breeding purpose, seeds and sprouts of aquatic products, and the production of their transgenic seeds (sprouts).
Entry 2 – Fishery Sector: Fishery/Services Incidental to Fishing Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Most-Favoured-Nation Treatment (Cross-Border Trade in Services) Level of Government: Central Measures: Fisheries Law of People’ s Republic of China (2013); Law on the Exclusive Economic Zone and the Continental Shelf (1998); Law on the Territorial Sea and the Contiguous Zone (1992), Article 11; Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021), Article 4; Interim Provisions on the Administration of Fishery Activities of Foreigners and Foreign Ships in the Territorial Sea of the People's Republic of China (2022 Amended). Description: Cross-Border Trade in Services and Investment 1. Foreign investors may not invest in the fishing of aquatic products within the sea and inland waters under the jurisdiction of China. 2. Foreigners and foreign fishing vessels must obtain approval from Chinese government before entering the territorial waters of the People's Republic of China for carrying out fishery activities. If those persons and vessels belong to countries that have signed relevant accords or agreements with China, their activities shall be conducted in accordance with those accords or agreements.
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: National Treatment (Investment) Level of Government: Central Measures: Law on the Exclusive Economic Zone and the Continental Shelf (1998), Article 7. Description: Investment Any international organisation, foreign entity or individual must obtain approval from 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: National Treatment (Investment) Level of Government: Central Measures: The State Council Notice on Tungsten, Tin, Antimony, Ion Type Rare Earth Minerals Being Listed as Nation-wide Protective Specific Minerals for Mining (1991), Article 2; Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021), Article 5. Description: Investment Foreign investors may not invest in the exploration, exploitation or ore dressing of rare earth and tungsten.
Entry 5 – Printing of Publications Sector: Printing of Publications Obligations Concerned: National Treatment (Investment) Level of Government: Central Measures: Regulations on the Administration of Printing Industry (2020 Amended), Article 14; Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021), Article 6. Description: Investment Chinese control is required for investment (excluding those in free trade pilot zones) by foreign investors in the printing of publications.
Entry 6 – Government-granted Monopoly Sector: Government-granted Monopoly/Services related to Government-granted Monopoly Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Market Access Level of Government: Central Measures: Law of the People's Republic of China on Tobacco Monopoly (2015), Article 1, 2 and 3; Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021), Article 9; Regulation on the Implementation of the Law of the People's Republic of China on Tobacco Monopoly (2023). Description: Cross-Border Trade in Services and Investment Foreign investors or foreign service suppliers may not invest or engage in the production, whole sale, retail or import and export of leaf tobacco, cigarettes, re-dried leaf tobacco, cigars, cut tobacco and other tobacco products.1 1 For the purpose of this entry, “tobacco products” refer 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, including electronic cigarettes and other new-type tobacco products.
Entry 7 – Postal and Delivery Services Sector: Postal and Delivery Services Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Local Presence Market Access Level of Government: Central Measures: Postal Law of the People's Republic of China (2015), Article 5, 14, 15, 42, 51, 52, 55, 84; Measures for the Supervision and Administration of Universal Postal Services (2015), Article 21; Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021), Article 13. Description: Cross-Border Trade in Services and Investment 1. Foreign investors or foreign service suppliers may not invest in postal enterprises1 or operate postal services2. 1 For the purpose of this entry, “postal enterprise(s)” refer to the China Post Group and its wholly owned and/or controlled enterprises that provide postal services. 2 For the purpose of this entry, “postal services” refer to postal services supplied by a postal enterprise, including mail delivery, postal remittance, stamp issuance, issuance of newspapers and magazines required by the government, post office counter services, P.O. box leasing services, and poste restante services. 2. Foreign investors or foreign service suppliers may not invest or engage in the operation of domestic express delivery service3 for correspondence.4 3. Only the corporate legal person5 established in China is allowed to operate delivery service within the territory of the People's Republic of China. 3 For the purpose of this entry, “domestic express delivery service” refers to express delivery service in which the entire process from the acceptance of mail to delivery occurs within the territory of China. 4 For the purpose of this entry, “correspondence” refers to letters or postcards. The term “letter” refers to a sealed information carrier delivered in an envelope to a specific individual or entity according to the name and address indicated thereon, excluding books, newspapers, periodicals, etc. 5 For the purpose of this entry, “corporate legal person” refers to an entity established for profit, consisting of limited liability company, joint stock company limited by shares, whole-people-owned company, company under collective ownership and commercial association.
Entry 8 – Telecommunication Services1 Sector: Telecommunication Services Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Market Access Local Presence Level of Government: Central Measures: Telecommunication Regulation of the People's Republic of China (2016), Article 10; Administrative Provisions on Foreign-Invested Telecommunications Enterprise (2022 Amended); Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021), Article 14; Management Measures on Telecommunication Business License (2017); Measures on the Administration of International Communication Accesses (2002); 1 Notwithstanding this entry, China shall not adopt or maintain any measure that is inconsistent with its obligation under the GATS, including those under Article XVI and Article XVII and Regional Comprehensive Economic Partnership Agreement (RCEP), including those under Article 8.4 and Article 8.5. Radio Regulation of the People's Republic of China (2016); Measures for the Administration of Internet Domain Names (2017); Notice of the Telecommunications Administration Bureau of Ministry of Information and Industry on Further Standardizing the Market of Satellite Communication Business (2001). Description: Cross-Border Trade in Services and Investment 1. Foreign investors may not invest in the international communication facility service, satellite communication service, cluster communication service, network access facilities service, network trusteeship service, domestic communication facilities service (excluding domestic private-line circuit lease services), internet data center service, content delivery network service, internet access service and domestic internet virtual private network services. 2. For fixed communication service, cellular mobile communication service, data communication service, IP telephone service or domestic private line leasing service, the shareholding percentage of that foreign investor may not exceed 49% (the foregoing services may be provided on the basis of facilities). For online data processing and transaction processing services (E-commerce not included), code and protocol conversion services, radio paging services and information services, the shareholding percentage of that foreign investor may not exceed 50%. 3. China adopts a licensing system for telecommunications business. Only companies established in the territory of China in accordance with the law, after obtaining a telecommunication business licence, may be engaged in telecommunications business. 4. The provision of international communications service within the territory of China shall only be conducted through international communications accesses (ICAs). The establishment of an ICA shall be applied by a wholly state-owned telecommunication business operator, who shall undertake the operation and maintenance of the ICA, and be approved by the Ministry of Industry and Information Technology. 5. Foreign investors or foreign service suppliers shall not conduct radio wave parameter testing or radio wave monitoring within the territory of China. 6. To establish a domain name root server or a domain name root server operating institution, domain name registry or domain name registrar within the territory of China, the corresponding licence issued by the telecommunications administrations shall be obtained. 7. Foreign satellite companies providing lease services for satellite transponders within the territory of China shall, in advance, complete the work of coordination with China's satellite network and so on, lease satellite transponders to domestic satellite companies qualified to operate lease services for satellite transponders in China or to user entities authorized by the Chinese government, and then domestic satellite companies sublease the satellite transponders to domestic user entities. Domestic satellite companies are responsible for technical support, marketing, user service and user supervision. No foreign satellite companies may lease satellite transponders directly to domestic users without the approval of the Chinese government.
Entry 9 – Legal Services1 Sector: Legal Services Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Senior Management and Board of Directors Market Access Local Presence Level of Government: Central Measures: Regulations on the Administration of Foreign Law Firms' Representative Offices in China (2001); Provisions of the Ministry of Justice on the Execution of the Regulations on the Administration of Foreign Law Firms' Representative Offices in China (2004); Implementation Measures for the National Uniform Legal Profession Qualification Examination (2018), Article 9; Administrative Measures for the Practice of Law by Lawyers (2016); 1 Notwithstanding this entry, China shall not adopt or maintain any measure that is inconsistent with the market access commitments it has undertaken in the sector of Legal Services (CPC 861) as set out in Appendix B to its schedule in List II of this Agreement. Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021), Article 16; Lawyers Law of the People’s Republic of China (2017); Administrative Measures for the Practice by Notarization Institutions (2006); Administrative Measures for the Practices of Notaries Public (2006); Notary Law of the People's Republic of China (2017); Decision of the Standing Committee of the National People's Congress on the Administration of Forensic Identification and Evaluation (2015); Administrative Measures for the Registration of Judicial Authentication Institutions (2005); Administrative Measures for the Registration of Judicial Authenticators (2005); Regulations on Patent Agency (2018); Administrative Measures for the Establishment of Resident Representative Offices in China by Foreign Patent Agencies (2022), Article 14 and 16.
Description: Cross-Border Trade in Services and Investment 1. Foreign investors or foreign service suppliers may not invest or engage in the affairs on Chinese law.2 2. Foreign nationals may not take the National Uniform Legal Profession Qualification Examination, obtain the Chinese legal practitioner qualification, or become partners of Chinese law firms. 3. A foreign law firm may enter into China only in the form of a representative office; no foreign law firm, other foreign organization or individual may render legal services within the territory of China in other name except for in the name of its representative office in China; the establishment of representative office and dispatch of representatives by a foreign law firm are subject to the approval of the administrative department of justice of China. A representative in a representative office of foreign law firm shall reside within the territory of China for a period not less than 6 months every year. 4. Foreign lawyers are not allowed to engage in commercial arbitration, conciliation and mediation proceedings as representatives within the territory of China. Foreign lawyers 2 For the purpose of this entry, the following acts can be regarded as “affairs on Chinese law”: (1) participating in litigation activities within China as lawyers; (2) providing opinions or certifications on the specific issues governed by Chinese laws in contracts, agreements, articles of association or other written documents; (3) providing opinions and certifications on the acts or events governed by Chinese laws; (4) presenting agent's opinions on the application of Chinese laws as an agent in arbitration activities; (5) handling, on the trustor's behalf, the procedures for registration, alteration, application or putting on record, and other procedures at the government organs of China or other organizations authorized by laws and regulations with administrative authorities. are not allowed to provide legal services on a temporary fly-in, fly-out basis. 1. Representative offices of foreign law firms may not employ lawyers licensed to practice Chinese law, and the supporting personnel employed by such representative offices may not provide legal services to any concerned party. None of representative and the supporting personnel of a representative office may provide services in relation to Chinese law as a “Chinese legal consultant”. 2. Only notarization institutions that established in the territory of China may engage in notarization3 services. A control of total number shall be adopted for the establishment of notarization institutions. Only natural person with nationality of the People’s Republic of China may be a notary. 3. Only a juridical person or any other organization that established in the territory of China may apply for engaging in judicial authentication.4 Only Chinese citizens may apply for engaging in judicial authentication. 4. For the purpose of this entry, no representative office or their affiliated foreign law firm may: (a) invest in any Chinese law firm, whether directly or indirectly; 3 For the purpose of this entry, “notarization” refers to an act performed by a notarial institution, upon the application of a party concerned, such as certifying the authenticity and legality of a legal act, a document or a fact of legal significance according to the statutory procedures. 4 For the purpose of this entry, “judicial authentication” refers to the activities that authenticators identify, make judgments and offer expertise on the special issues involved in litigation by using scientific technologies or special knowledge. (b) form profit-sharing or risk-sharing commercial association with a Chinese law firm or a Chinese lawyer; (c) establish joint office with any Chinese law firm or dispatch personnel to Chinese law firms to engage in legal services; or (d) manage, operate control or enjoy equity interests in any Chinese law firm. 5. The establishment of a resident representative office in China by a foreign patent agency must be subject to the approval of the Patent administration department. The resident representative office in China by a foreign patent agency may not engage in or in other name engage in Chinese patent affairs. The resident representative office of a foreign patent agency in China may not employ Chinese patent agents who have been permitted practice for filing.
Entry 10 – Market Investigation and Social Investigation Sector: Market Investigation and Social Investigation Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Market Access Level of Government: Central Measures: Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021), Article 17, Article 18; Regulation on the Implementation of the Statistics Law of the People's Republic of China (2017); Statistics Law of the People’s Republic of China (2009); Measures for the Administration of Foreign-related Investigation (2004). Description: Cross-Border Trade in Services and Investment 1. Foreign investors may not invest in social investigation.1 1 For the purpose of this entry, “social investigation” refers to the activity, other than a market investigation, of collecting, compiling and analyzing the relevant information of the society by way of questionnaire (including paper media, magnetic media and online form), interview, observation or any other ways, which corresponds to CPC 86402 (public opinion polling service) and the content of “economic and social intelligence service not related to commodities, such as industry analysis, econometrics model, demographic analysis, etc.” as set out in CPC 86401 in the 1991 provisional Central Product Classification (CPC) of the United Nations Statistical Office. 2. Foreign investors may not invest in market investigation2 in the form of wholly foreign-owned enterprises. 3. Foreign service suppliers providing market or social investigation in China shall conduct it through an institution which is licensed for foreign-related investigation.3 2 For the purpose of this entry, “market investigation” refers to the investigation service designed to secure information on the prospects and performance of an organisation’s products in the market, including market analysis (of size and other characteristics of a market) and analysis of consumer attitudes and preferences, which corresponds to CPC 86401 (market investigation service) in the 1991 provisional Central Product Classification (CPC) of the United Nations Statistical Office, but excluding the content of “economic and social intelligence service not related to commodities, such as industry analysis, econometrics model, demographic analysis, etc.” 3 For the purpose of this entry, “foreign-related investigation” refers to social and market investigation conducted under the entrustment or financial aid of any overseas organisations, individuals, or the agency in China of any overseas organisations; social and market investigation conducted in corporation with any overseas organisation, individuals, or the agency in China of any overseas organisations; market survey lawfully conducted by the agency in China of any overseas organisation; and market and social investigation of which the materials and results are to be provided to any overseas organisation, individual or the agency in China of any overseas organisation.
Entry 11 – Professional Technical Services Sector: Professional Technical Services Obligations Concerned: National Treatment (Investment) Level of Government: Central Measures: Surveying and Mapping Law of the People's Republic of China (2017 Amended), Article 8; Interim Measures for the Administration of the Surveying and Mapping Conducted by Foreign Organizations or Individuals in China (2019 Amended), Article 7; Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021), Article 21. Description: Investment Foreign investors may not invest in the following business: geodetic survey, hydro graphic survey, aerial photography for mapping, ground moving survey, administrative boundary survey; compilation of topographic maps, world administrative district maps, national administrative district maps, provincial and lower administrative district maps, national teaching maps, local teaching maps, true three-dimensional maps and digital navigation maps; regional geological mapping, survey of mineral geology, geophysics, geochemistry, hydrogeology, environmental geology, geological disasters or remote sensing geology, etc (a mining right holder that conducts work to the extent of its mining right shall be exempt from the special administrative measure).
Entry 12 – Education Sector: Education Obligations Concerned: National Treatment (Investment) Senior Management and Board of Directors Level of Government: Central Measures: Education Law of the People's Republic of China (2021 Amended), Article 21, Article 22, Article 23, Article 25, Article 70 and Article 85; Regulation of the People's Republic of China on Chinese-foreign Cooperative School Running (2019 Amended), Article 6, Article 7, Article 21, Article 23, Article 25, Article 35, Article 38, Article 42, Article 43, Article 44, Article 48 and Article 62; Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021), Article 22 and Article 23; Catalogue of Encouraged Industries for Foreign Investment (2022), Article 502. Description: Investment 1. Foreign education institutions, other organizations or individuals may establish schools or other educational institutions only in the form of Sino-foreign cooperative educational institutions mainly targeted at Chinese citizens. 2. Sino-foreign cooperative educational institutions may not engage in compulsory education and special education services such as military, police, and political education. 3. Foreign religious organisations, foreign religious institutions, foreign religious colleges or schools, or religious teaching personnel may not engage in cooperative school running activities within the territory of China. Sino-foreign cooperative educational institutions may not provide religious education or carry out religious activities. 4. Establishing preschools, general senior high schools and higher education institutions shall be made only in the form of Sino-foreign cooperative educational institutions, which requires the Chinese party to be in the leading position (the president or the principal administrator of a Sino-foreign cooperatively-run educational institution must be a person with Chinese nationality; the board of trustees, board of directors or the joint management committee shall consist of no less than half of the members from the Chinese party). 5. Foreign investors may not invest in educational accreditation services.
Entry 13 – Examination Services Sector: Education services Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Market Access Level of Government: Central Measures: Interim Measures for the Administration of Examinations for Educational Purposes Held Jointly by Chinese and Foreign Institutions (1996), Article 2, Article 3, Article 5 and Article 11; Notice of the Ministry of Labor and Social Security on Strengthening the Administration of Introducing Foreign Professional Qualification Certificates (1998). Description: Cross-Border Trade in Services and Investment 1. Upon approval of Chinese government, foreign institutions may engage in educational testing services for purposes other than academic credentials in the form of cooperation with Chinese institutions designated by Chinese government. 2. Foreign investors or foreign service suppliers shall cooperate with Chinese professional qualification certificate institutions, relevant industry organisations, social organisations or other corresponding institutions to carry out professional qualification examinations and certificate granting activities.
Entry 14 – Medicine Sector: Medicine Obligations Concerned: National Treatment (Investment) Level of Government: Central Measures: Interim Measures for the Administration of Sino-foreign Equity Joint and Cooperative Joint Medical Institutions (2000), Article 2; Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021), Article 19 and Article 24. Description: Investment 1. Foreign investors may not invest in medical institutions in the form of wholly foreign-owned enterprises. 2. Foreign investors may not invest in the development and application of human stem cells, or the development and application of genetic diagnosis or treatment technology.1 1 For greater certainty, this entry does not prevent foreign-invested medical institutions from using cell products that have been approved by the medical products administration under the State Council.
Entry 15 – Facilities of Satellite Television Broadcasting Sector: Radio and Television Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Market Access Level of Government: Central Measures: Rules for the Administration of Ground-Based Receiving Equipment for Satellite Television Broadcasts (Issued in 1993, 2018 Amended), Article 3 and Article 4; Interim Measures for the Installation of Ground Receiving Facilities of Satellite Television Broadcasting (Issued in 2009, 2021 Amended), Article 4 and Article 5; Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021), Article 27. Description: Cross-Border Trade in Services and Investment Foreign investors and foreign service suppliers may not invest or engage in the installation services for ground receiving facilities of satellite television and broadcasts; foreign investors and foreign service suppliers investing and engaging in the manufacture of ground receiving facilities for satellite television and broadcast and key components shall obtain approval in accordance with the law.
Entry 16 – All Sectors Sector: All Sectors1 Obligations Concerned: National Treatment (Investment) Level of Government: Central Measures: Regulation for Implementing the Foreign Investment Law of the People's Republic of China (2019), Article 34; Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021). Description: Investment The license, enterprise registration, or any other relevant matters shall not be granted if a foreign investor proposes to invest in sectors covered by the Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021) but not in compliance with the requirements listed in it; nor should the project approval for an investment in fixed assets be issued. 1 For the purpose of this entry, “all sectors” referred to in this entry shall not include financial services.
Entry 17 – All Sectors Sector: All Sectors Obligations Concerned: National Treatment (Investment) Level of Government: Central Measures: Regulation of the People’s Republic of China on the Administration of Foreign Exchange (2008), Article 16 and Article 23; Notice of the State Administration of Foreign Exchange on Reforming and Regulating Policies on the Administration over Foreign Exchange Settlement of Capital Accounts (2016); Guiding Opinions on Regulating the Asset Management Business of Financial Institution (2018). Description: Investment After completing the foreign exchange registration for foreign direct investment, foreign-invested enterprises shall, according to the nature of the transaction, open designated foreign exchange accounts under direct investment at the banks directly, including capital accounts and asset liquidation accounts. Capitals of foreign-invested enterprises and Renminbi funds gained through the settlement of foreign exchange shall not be invested directly or indirectly in securities or wealth management products (wealth management products with risk assessment result not higher than level 2 not included), or used for issuance of loans to unrelated enterprises (except as otherwise explicitly specified in the business scope of the enterprise), or the construction or purchase of real estate that is not for self-use (real estate enterprises not included).
Entry 18 – All Sectors Sector: All Sectors Obligations Concerned: National Treatment (Investment) Level of Government: Central Measures: Law of the People's Republic of China on Sole Proprietorship Enterprises (1999), Article 47; Law of the People's Republic of China on Specialized Cooperatives of Farmers (2017), Article 2, Article 3, Article 4, and Article 19; Regulation on Promoting Individual Industrial and Commercial Households (2022), Article 2; Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021), Note 2. Description: Investment Foreign investors may not carry out business operations in China in the forms of individual business entities or individual sole proprietorship enterprises, or as members of specialized cooperatives of farmers.
Entry 19 – Atomic Energy Sector: Atomic Energy Obligations Concerned: National Treatment (Investment) Level of Government: Central Measures: Regulation of the People's Republic of China on the Control over Nuclear Exports (2006 Amended), Article 2 and Article 6; Special Administrative Measures (Negative List) for Market Access of Foreign Investment (2021), Article 5 and Article 8. Description: Investment 1. Chinese control is required for investment by foreign investors in construction or operation of nuclear power stations. 2. Foreign investors may not invest in the exploration, mining, beneficiation, metallurgy, purification, transformation, isotope separation of radioactive mineral resources, or invest in nuclear fuel production and processing, or engage in nuclear export businesses for materials and items listed in the Nuclear Export Control List.
Entry 20 – Accounting, Auditing and Bookkeeping Services Sector: Accounting?Auditing and Bookkeeping Services Obligations Concerned: Local Presence Level of Government: Central Measures: Accounting Law of the People's Republic of China (2017); Law of the People's Republic of China on Certified Public Accountants (2014); Measures for the Practice Licensing and Supervision and Administration of Accounting Firms (2019); Administrative Measures for Agency Bookkeeping (2019). Description: Cross-Border Trade in Services 1. Foreign service suppliers providing statutory auditing services shall establish commercial presence in the territory of China. 2. Foreign service suppliers providing agency bookkeeping services shall establish commercial presence in the territory of China.
Entry 21 – Urban Planning, Architectural, Engineering and Integrated Engineering Services Sector: Urban planning, Architectural, Engineering and Integrated engineering Services Obligations Concerned: National Treatment (Cross-Border Trade in Services) Market Access Local Presence Level of Government: Central Measures: Urban and Rural Planning Law of the People's Republic of China (2019 Amended); Administrative Provisions on the Qualifications of Project Supervising Enterprises (2018 Amended); Regulation on the Management of Survey and Design of Construction Projects (2018 Amended); Interim Provisions on the Administration of Foreign Enterprises Engaging in Construction Project Designing Activities within the People's Republic of China (2004). Description: Cross-Border Trade in Services 1. Foreign service suppliers shall cooperate with Chinese professional institutions to provide preliminary (fundamental) designs for construction projects, construction drawings (detailed designs) and engineering and integrated engineering. 2. Except for the scenarios where cross-border supply are permitted (such as scheme design), foreign service suppliers shall establish commercial presence to supply prospecting, design services and supervision of construction independently. 3. Foreign service suppliers may not engage in general urban planning and shall cooperate with Chinese professional institutions to provide other urban planning services when in the form of cross-border supply. Urban design except for statutory planning and pre-planning studies for urban design are not subject to this restriction.
Entry 22 – Customs Clearance Services Sector: Professional Services Obligations Concerned: Local Presence Level of Government: Central Measures: Customs Law of the People's Republic of China (2021 Amended)? Provisions of the Customs of the People's Republic of China on the Administration of Recordation of Customs Declaration Entities (2021). Description: Cross-Border Trade in Services Only corporate legal person1 established in the territory of China may engage in customs declaration. 1 For the purpose of this entry, “corporate legal person” refers to an entity established for profit, consisting of limited liability company, joint stock company limited by shares, whole-people-owned company, company under collective ownership and commercial association.
Entry 23 – Placement and Supply Services of Personnel Sector: Placement and Supply Services of Personnel Obligations Concerned: National Treatment (Cross-Border Trade in Services) Market Access Local Presence Level of Government: Central Measures: Employment Promotion Law of the People's Republic of China (2015), Article 40; Interim Regulation on Human Resources Market (2018), Article 18; Administrative Provisions on Human Resources Service Agencies (2023); Interim Provisions on the Administration of Foreign-funded Talent Intermediaries (2019); Provisions on the Administration of Talents Markets (2019); Interim Provisions on the Administration of the Establishment of Foreign-funded Job Intermediaries (2019); Regulation on the Administration of Foreign Labor Cooperation (2012); Provisions of the People's Republic of China on the Administration of Overseas Assignment of Seamen (2023 Amended); Opinions on Relevant Issues of Strengthening the Administration of Overseas Civil Aviation Companies Employ Chinese Civil Aviation Professional and Technical Personnel (2004). Description: Cross-Border Trade in Services Foreign service suppliers providing human resource services (including but not limited to talent intermediary services and job intermediary services) shall obtain approval or registration in accordance with the law. Foreign service suppliers may not directly recruit contract workers from within the territory of China to work abroad.
Entry 24 – Security Services Sector: Security Services Obligations Concerned: National Treatment (Cross-Border Trade in Services) Local Presence Level of Government: Central Measures: Regulation on the Administration of Security and Guarding Services (2022 Amended); Measures for the Public Security Organs to Implement the Regulation on the Administration of Security and Guarding Services (2016 Amended). Description: Cross-Border Trade in Services Foreign nationals may not serve as security guard to provide security and guarding services 1 in China; foreign service suppliers may only provide security services through commercial presence. 1 For the purpose of this entry, “security services” refer to (1) the doorman, patrol, guard, escorting, body guard, security inspection, and security technology protection, security risk assessment and other services which a security company offers to its client entities by assigning security guards; (2) the internal watchman, patrol, guard and other security protection work undertaken by those persons employed by enterprises; (3) the guard, patrol, maintenance of order and other services conducted by persons employed by realty service enterprises within the realty management area.
Entry 25 – Exhibition Services1 Sector: Exhibition Services Obligations Concerned: National Treatment (Cross-Border Trade in Services) Market Access Level of Government: Central Measures: Notice of the Ministry of Foreign Trade and Economic Cooperation on Reiterating and Defining the Regulations Concerning the Administration of Hosting Foreign Economic and Technological Exhibitions in China (2001); Regulations on Broadcasting and Television (2020 Amended, 1997 Published), Article 45; Provisions on Administration of Radio, Film and Television Festival Exhibition and Programme Exchange Activities (2016 Amended), Article 2, Article 4, Article 6 and Article 12. Description: Cross-Border Trade in Services 1. Foreign economic and technological exhibitions held in China by foreign institutions shall be conducted jointly or entrusted to entities in the territory of China. 1 Notwithstanding this entry, China shall not adopt or maintain any measure that is inconsistent with its obligation under the GATS, including those under Article XVI and Article XVII. 2. Approval from administrative authority is required to hold film festivals, film exhibitions, other film exhibiting activities, and radio and television exchanges (including festival exhibition) and trade activities in China. Overseas films and radio and television programs that enter China for competition or exhibition shall be examined and approved by administrative authority. 3. To hold overseas publications exhibitions within the territory of China, foreign service suppliers shall obtain approval from the publishing administrative department under the State Council.
Entry 26 – Asset Appraisal Services Sector: Asset Appraisal Services Obligations Concerned: National Treatment (Investment) Senior Management and Board of Directors Local Presence Level of Government: Central Measures: Asset Appraisal Law of the People's Republic of China (2016); Measures for the Fiscal Supervision and Administration of the Asset Appraisal Industry (2019). Description: Cross-Border Trade in Services and Investment 1. Only after filing a registration application with the related appraisal administrative department, an appraisal institution may engage in asset appraisal services. 2. For an asset appraisal institution, more than two thirds of its partners or shareholders shall be Chinese Public Appraisers.
Entry 27 – Civil and Commercial Investigation Services Sector: Civil and Commercial Investigation Services Obligations Concerned: Market Access (Cross-Border Trade in Services) Level of Government: Central Measures: Notice of the Ministry of Public Security on Prohibiting the Establishment of Non-government Institutions with "Private Detective Agency" Nature (1993). Description: Cross-Border Trade in Services Foreign service suppliers may not engage in private detective services.
Entry 28 – Construction and Related Engineering Services Sector: Construction and Related Engineering Services Obligations Concerned: Local Presence Level of Government: Central Measures: Administration Provisions on Qualifications of Enterprises in Construction Industry (2018 Amended) Description: Cross-Border Trade in Services Foreign service suppliers shall establish commercial presence to supply construction services.1 1 Notwithstanding this entry, China shall not adopt or maintain any measure that is inconsistent with its obligation under the GATS including those under Article XVI and Article XVII and the RCEP, including those under Article 8.4 and Article 8.5.
Entry 29 – Distribution Services Sector: Distribution Services Obligations Concerned: Market Access Local Presence Level of Government: Central Measures: Regulation on Veterinary Drug Administration (2020); Regulation on the Administration of Feeds and Feed Additives (2017); Regulation on Pesticide Administration (2022 Amended); Measures for Monopoly of Table Salt (2017); Interim Measures for the Administration of Port Entry Duty-free Shops (2016); Notice on Issuing the Supplementary Provisions to the Interim Measures for the Administration of Port Entry Duty-free Stores (2018); Interim Measures for the Administration of Port Exit Duty-free Shops (2019); Relevant Provisions on Further Strengthening the Centralized and Unified Management of the Duty-free Business (2000); Customs Law of the People's Republic of China (2021 Amended); Measures of General Administration of Customs of the People’s Republic of China for Supervising and Controlling Duty-Free Shops and Goods (2023 Amended). Description: Cross-Border Trade in Services 1. Foreign service suppliers are not permitted to sell veterinary drugs, feeds, feed additives and pesticide directly in China, and the foreign service suppliers shall form a sales organization in the territory of China or authorize a qualified Chinese agencies in order to do it. 2. Foreign service suppliers may not engage in table salt wholesale business. 3. China applies a system of special approval for duty-free shops.
Entry 30 – Road Transport Services Sector: Road Transport Services Obligations Concerned: National Treatment (Cross-Border Trade in Services) Market Access Level of Government: Central Measures: Regulation of the People's Republic of China on Road Transport (2023 Amended); Provisions for the Administration of International Road Transport (2023 Amended). Description: Cross-Border Trade in Services Foreign service suppliers may not engage in Chinese domestic road passenger or freight transport business where the starting points and ending points are all in the territory of China, and may not illegally undertake freight of goods or canvassing passengers inside the territory of China by themselves.
Entry 31 – Water Transportation Sector: Water Transportation Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Market Access Local Presence Level of Government: Central Measures: Maritime Law of the People's Republic of China (1992), Article 4; Regulation on the Administration of Domestic Water Transport (2023 Amended); Provisions on the Administration of Domestic Water Transport (2020 Amended); Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021), Article 10; Circular of the Ministry of Communications on Strengthening the Supervision and Inspection over the Maritime Transport Between the Ports of China Undertaken by Foreign Vessels (2001); Maritime Traffic Safety Law of the People's Republic of China (2021); Regulations of the People's Republic of China on Administration of Traffic Safety in Inland Rivers (2019); Law of the People's Republic of China on Ports (2018); Regulations on Management of Ship Piloting (2021 Amended); Measures of the State Council for the Administration of Foreign Investors' Participation in the Salvage of Sunken Vessels and Objects in Coastal Waters of China (2020); Administration of the Establishment of Ship Inspection Companies in China by Foreign Ship Inspection Institutions (2008); Provision on the Administration of Port Operations (2020); Regulation on the Administration of Foreign Labor Cooperation (2012); Regulation of the People’s Republic of China on Seamen (2023 Amended); Provisions of the People’s Republic of China on the Administration of Overseas Assignment of Seamen (2023 Amended); Labor Contract Law of People’s Republic of China (2012 Amended). Description: Cross-Border Trade in Services and Investment 1. Following conditions shall be satisfied when a foreign-invested enterprise apply for engaging in domestic water transportation1: (1) Chinese control is required; (2) no existing water transportation operators in China can satisfy the requirements for the applied domestic water transportation; (3) the enterprise has good performance and operation records in water transportation. 2. No foreign service supplier may engage in domestic water transport business or engage in water transport business in a disguised form such as leasing a Chinese vessel or shipping space. No water transport operator may use a foreign vessel to engage in domestic water transport business. However, under the circumstance where there is no Chinese vessel that can satisfy the requirements for the applied transportation, and the berthing port or water areas for the vessel is an open port or water areas, the water transport operator may, upon the approval of the competent transport authority of the State Council and within the prescribed time limit and voyage number as prescribed by the competent transport authority of the State Council, temporarily use a foreign vessel for transport. 3. Only juridical person established in the territory of China may engage in maritime vessel crew services. 4. Only with the permission of the Chinese government, foreign vessels may engage in the towage services between the ports of China. 1 For the purpose of this entry, “domestic water transportation” refers to commercial transportation of passenger and goods whose ports of departure, port of call and ports of destination are all located in navigable waters governed by the People’s Republic of China. 5. Foreign vessels sailing in the inland river, or foreign vessels sailing, berthing and pulling in the pilotage districts designated by competent agency of transport under the State Council (except foreign vessels exempted by the competent agency of transport under the State Council upon approval by the State Council) should apply to the local pilot organizations for piloting. 6. Foreign service supplier may conclude with the Chinese party a joint salvage contract to engage in the salvage of sunken ships and sunken articles in China's coastal waters. With conditions being equal, foreign service supplier should give preference to Chinese salvage operators from whom to rent ships and equipment and hire labor services needed in the implementation of the joint salvage contract. 7. Only with establishment of ship inspection company in China, foreign ship inspection institution may dispatch or hire personnel to carry out ship inspection activities in China.
Entry 32 – Press Sector: Press Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Market Access 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), Article 25; 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: Cross-Border Trade in Services and Investment 1. Foreign investors or foreign service suppliers 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 China1; (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 service suppliers may not engage in Internet news information service 2 or internet public information posting service3. 1 For greater certainty, the establishment of representative offices in China by newspapers or periodicals, which only engage in news services, is subject to this subparagraph. 2 For greater certainty, “Internet news information” includes reports and commentaries on social and public affairs such as political, economic, military and foreign affairs, as well as reports and commentaries on social emergency events. “Internet news information service” includes services in respect of internet news information collection, editing, posting, reposting, and services in respect of transmission platform, which are provided to the public through internet websites, application programs, BBS, blogs, microblogs, public WeChat accounts, instant communication tools, live internet broadcast, etc. 3 For greater certainty, “Internet public information posting service” refers to services that mainly provide facilities through establishing BBS, blogs, microblogs and other information exchange platforms to users for the posting of information to the general public.
Entry 33 – Network Information Services Sector: Network Information Services Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Market Access Level of Government: Central Measures: Administrative Measures for Internet Information Services (2011 Amended); 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: Cross-Border Trade in Services and Investment 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 suppliers may not provide cross-border internet information searching services. 2. To provide profitable internet information service, foreign service suppliers shall obtain a license by relevant authority. To provide non-profitable Internet information service, foreign service suppliers shall file a record of its service.
Entry 34 – Professional Qualifications of Natural Person Sector: All Sectors Obligations Concerned: National Treatment (Cross-Border Trade in Services) 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 (2019 Amended); 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 (2021 Amended); Regulation of the People's Republic of China on Seamen (2023 Amended); 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 (2020 Amended); 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 (2017 Amended); 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 (2021); Rules for the Administration of Licenses for Civil Aviation Intelligence Officers (2016); 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 pilots. 9. The captain of a Chinese vessel shall be a Chinese crew 1 For greater certainty, the survey and design registration engineer includes various professional qualifications under the survey and design registration engineer in the National Vocational Qualifications Catalogue. 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.
Entry 35 – Chinese Traditional Medicine Sector: Pharmaceutical Manufacture Obligations Concerned: National Treatment (Investment) 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.
LIST II
EXPLANATORY NOTES
1. List II of the Schedule of China in this Annex sets out, pursuant to Article 7 (Reservations and Non-Conforming Measures) of Chapter 8 (Cross-Border Trade in Services) and Article 6ter (Reservations and Non-Conforming Measures) of Chapter 10 (Investment), the specific sectors, subsectors, or activities for which China may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
(a) Article 3 (Market Access) of Chapter 8 (Cross-Border Trade in Services);
(b) Article 4 (National Treatment) of Chapter 8 (Cross-Border Trade in Services) or Article 3 (National Treatment) of Chapter 10 (Investment);
(c) Article 5 (Most-Favoured-Nation Treatment) of Chapter 8 (Cross-Border Trade in Services) or Article 4 (Most-Favoured-Nation Treatment) of Chapter 10 (Investment);
(d) Article 6 (Local Presence) of Chapter 8 (Cross-Border Trade in Services);
(e) Article 6 (Prohibition of Performance Requirements) of Chapter 10 (Investment); or