ORGANIZACIÓN MUNDIAL  
DEL COMERCIO  S/DCS/W/CHN 
24 de enero de 2003 
 (03-0452) 
Comercio de Servicios Original:   inglés 
   
RÉPUBLICA POPULAR CHINA 
 
Proyecto de Lista refundida de Compromisos Específicos
1 
 
 
 El documento adjunto contiene un proyecto de Lista refundida de Compromisos Específicos de China, en formato Word.  Este documento no su stituye los compromisos jurídicamente vinculantes 
contraídos por China en su Lista de Compromisos Específicos (GATS/SC/135; 
GATS/SC/135/Corr.1).   Adjunto al proyecto de lista refundida figura la Lista de Exenciones del Artículo II (NMF) de 
China (GATS/EL/135) en formato Word. 
  Los proyectos de la Lista refundida y de la Lista de Exenciones del trato NMF fueron 
preparados por la Secretaría, a petición de lo s Miembros, para facilitar el proceso de las 
negociaciones, incluida la presentación de ofertas iniciales. 
 
_______________ 
 
 
                                                     
 
1 Este documento se ha preparado, en inglés solament e, bajo la responsabilidad de la Secretaría y sin 
perjuicio de las posiciones de los Miembros ni de sus derechos y obligaciones en el marco de la OMC.  S/DCS/W/CHN 
Página 2 THE PEOPLE'S REPUBLIC OF CHINA -  SCHEDULE OF SPECIFIC COMMITMENTS  
 
Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
I. HORIZONTAL 
COMMITMENTS    
  
 
 ALL SECTORS INCLUDED IN 
THIS SCHEDULE (3) In China, foreign invested 
enterprises include foreign capital enterprises (also referred to as wholly foreign-owned enterprises) and joint venture enterprises and  
 there are two types of joint venture 
enterprises: equity joint ventures and contractual joint ventures.
1 
 (3) Unbound for all the existing 
subsidies to domestic services suppliers in the sectors of audio-visual, aviation and medical services.  
  The proportion of foreign 
investment in an equity joint venture shall be no less than 25 per cent of the registered capital of the joint venture. 
  The establishment of branches by 
foreign enterprises is unbound, unless otherwise indicated in specific sub-sectors, as the laws and regulations on branches of foreign enterprises are under formulation. 
   
  Representative offices of foreign 
enterprises are permitted to be established in China, but they shall not engage in any profit-making activities except for the representative offices under CPC 861, 862, 863, 865 in the sectoral specific commitments. 
   
                                                      
1 The terms of the contract, concluded in accordance with Chin a's laws, regulations and other measures, estab lishing a "contract ual joint venture" govern matters such as the manner of 
operation and management of the joint ventur e as well as the investment or other cont ributions of the joint venture parties. Eq uity participation by all parties to the contractual joint venture is not 
required, but is determined pursuant to the joint venture contract.   S/DCS/W/CHN
 Página 3Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
  The conditions of ownership, 
operation and scope of activities, as set out in the respective contractual or shareholder agreement or in a licence establishing or authorizing the operation or supply of services by an existing foreign service supplier, will not be made more restrictive than they exist as of the date of China's accession to the WTO. 
  The land in the People's Republic of 
China is State-owned. Use of land by enterprises and individuals is subject to the following maximum term limitations: 
 (a)  70 years for residential purposes;  (b)  50 years for industrial purposes; (c)  50 years for the purpose of 
education, science, culture, public health and physical education; 
(d)  40 years for commercial, tourist and 
recreational purposes; 
(e)  50 years for comprehensive 
utilization or other purposes. 
    
 (4) Unbound except for measures 
concerning the entry and temporary stay of natural persons who fall into one of the following categories: (4)  Unbound except for the measures 
concerning the entry and temporary stay of natural persons who fall into the categories referred to in the market access column. 
   S/DCS/W/CHN 
Página 4 Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
 (a)  Managers, executives and 
specialists defined as senior employees of a corporation of a WTO Member that has established a representative office, branch or subsidiary in the territory of the People's Republic of China, temporarily moving as intra-corporate transferees, shall be permitted entry for an initial stay of three years;    
 (b) Managers, executives and 
specialists defined as senior employees of a corporation of  WTO Members, being engaged in the foreign invested enterprises in the territory of the People's Republic of China for conducting business, shall be granted a long-term stay permit as stipulated in the terms of contracts concerned or an 
initial stay of  three years, whichever is shorter; 
(c)  Service salespersons – persons not 
based in the territo ry of the People's 
Republic of China and receiving no remuneration from a source located within China, and who are engaged in activities related to representing a service supplier for the purpose of negotiation for the sale of  services of that supplier where: (a) such sales are not directly 
made to the general public and  
(b)  the salesperson is not engaged 
in supplying the service: entry for salespersons is limited to a 90-day period. 
   
   S/DCS/W/CHN
 Página 5Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
II. SPECIFIC COMMITMENTS 
    
A.  Professional Services 
 (a) Legal Services  (CPC 861, excluding Chinese law 
practice) (1) None 
(2) None (3) Foreign law firms can provide legal 
services only in the form of representative offices in Beijing, Shanghai, Guangzhou, Shenzhen, Haikou, Dalian, Qingdao, Ningbo, Yantai, Tianjin, Suzhou, Xiamen, Zhuhai, Hanghou, Fuzhou, Wuhan, Chengdu, Shenyang and Kunming only. 
 (1) None 
(2) None (3) All representatives shall be resident 
in China no less than six months each year.  The representative office shall not employ Chinese national registered lawyers.   
  Representative offices can engage in 
profit-making activities.  Representative offices in China shall be no less than the number established upon the date of accession.  A foreign law firm can only establish one representative office in China.  The above-mentioned geographic and quantitative limitations will be eliminated within  one year after 
China's accession to the WTO. 
    S/DCS/W/CHN 
Página 6 Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
 Business scope of foreign representative 
offices is only as follows:  (a)  to provide clients with consultancy 
on the legislation of the country/region where the lawyers of the law firm are permitted to engage in lawyer's professional work, and on international conventions and practices;   
 (b)  to handle, when entrusted by clients 
or Chinese law firms, legal affairs of the country/region where the lawyers of the law firm are permitted to engage in lawyer's professional work; 
(c)  to entrust, on behalf of foreign 
clients, Chinese law firms to deal with the Chinese legal affairs; 
(d)  to enter into contracts to maintain 
long-term entrustment relations with Chinese law firms for legal affairs; 
(e)  to provide information on the 
impact of the Chinese legal environment. 
 Entrustment allows the foreign 
representative office to directly 
instruct lawyers in the entrusted 
Chinese law firm, as agreed between 
both parties. 
     S/DCS/W/CHN
 Página 7Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
  The representatives of a foreign law 
firm shall be practitioner lawyers who are members of the bar or law 
society in a WTO member and have 
practiced for no less than two years outside of China. The Chief 
representative shall be a partner or 
equivalent (e.g., member of a law firm of a limited liability 
corporation) of a law firm of a WTO 
member and have practiced for no 
less than three years. 
 (4) Unbound except as indicated in 
horizontal commitments.  
  
 
  
 
  
 
 
 
 (4) Unbound except as indicated in 
horizontal commitments. 
  
(b)  Accounting, auditing and 
bookkeeping services (CPC 862) 
  (1) None 
(2) None (3) Partnerships or incorporated 
accounting firms are limited to 
Certified Public Accountants 
(CPAs) licensed by the Chinese 
authorities. 
(4) Unbound except as indicted in 
horizontal commitments. (1) None 
(2) None (3) None 
 
 
 
 (4) Unbound except as indicted in 
horizontal commitments. 
  - Foreign accounting firms are 
permitted to affiliate with Chinese firms and enter into contractual agreements with their affiliated firms in other WTO Members.  
- Upon accession to the WTO, 
issuance of licenses to those foreigners who have passed the Chinese national CPA examination shall be accorded national treatment.  
- Applicants will be informed of 
results in writing no later than 30 days after submission of their applications.  
  S/DCS/W/CHN 
Página 8 Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
   - Existing contractual joint venture 
accounting firms are not limited only to CPAs licensed by Chinese authorities.   
- Accounting firms providing services 
in CPC 862 can engage in taxation and management consulting services. They will not be subject to requirements on form of establishment in CPC 865 and 8630. 
(c) Taxation services   (CPC 8630) (1) None 
(2) None 
(3) Only in the form of joint ventures, 
with foreign majority ownership 
permitted.   
 None, within six years of China's 
accession, foreign firms will be 
permitted to establish wholly 
foreign-owned subsidiaries. 
(4) Unbound except as indicated in  
horizontal commitments. 
 (1)  None 
(2) None 
(3) None  
 
  
 
 (4) Unbound except as indicated in  
horizontal commitments.  
(d)  Architectural services 
 (CPC 8671) (e)  Engineering services  (CPC 8672) (f) Integrated engineering services 
(CPC 8673) 
(g)  Urban planning services (except 
general urban planning)  
 (CPC 8674) (1) None for scheme design 
   Co-operation with Chinese 
professional organisations is required except scheme design .  
(2) None 
(3)  Only in the form of joint ventures, 
with foreign majority ownership 
permitted. 
 Within five years after China's 
accession to the WTO, wholly 
foreign-owned enterprises will be permitted. 
(4)  Unbound, except as indicated in  
horizontal commitments. (1)  None 
 
  
(2)  None 
(3)  Foreign service suppliers shall be 
registered architects/engineers, or 
enterprises engaged in 
architectural/engineering/urban 
planning services, in their home 
country. 
 
(4)  Unbound, except as indicated in  
horizontal commitments. 
    S/DCS/W/CHN
 Página 9Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
(h) Medical and dental services  
 (CPC 9312)  (1)  None 
(2)  None (3)  Foreign service suppliers are 
permitted to establish joint venture 
hospitals or clinics with Chinese partners with quantitative limitations 
in line with China's needs, with 
foreign majority ownership permitted. 
(4) Unbound, except as indicated in 
horizontal commitments and as 
follows: 
 (1)  None 
(2)  None (3)  The majority of doctors and medical 
personnel of the joint venture 
hospital and clinics shall be of Chinese nationality. 
 
  
(4)  Unbound, except as indicated in 
horizontal commitments.  
  
  Foreign doctors with professional 
certificates issued by their home country shall be permitted to provide 
short-term medical services in China 
after they obtain licenses from the Ministry of Public Health. The term 
of service is six months and may 
extend to one year. 
   
B.  Computer and Related Services 
 (a). Consultancy services related to the 
installation of computer hardware  
 (CPC 841)  
 
(1) None 
(2) None (3) None 
(4) Unbound except as indicated in  
horizontal commitments.  
 
(1) None 
(2) None (3) None 
(4) Qualifications are as follows: 
certified engineers, or personnel with Bachelor's degree (or above) 
and three years of experience in 
these fields. 
   S/DCS/W/CHN 
Página 10 Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
(b)  Software implementation services  
 (CPC 842) - Systems and software consulting 
services (CPC 8421) 
-  Systems analysis services  
(CPC 8422) 
- Systems design services  (CPC 8423) - Programming  services  (CPC 8424) - Systems maintenance services  (CPC 8425)  (1) None 
(2)  None  (3) Only in the form of joint ventures, 
with foreign majority ownership 
permitted. 
(4) Unbound except as indicated in  
horizontal commitments. (1) None 
(2) None  (3) None 
 
 (4) Qualifications are as follows: 
certified engineers, or personnel 
with Bachelor's degree (or above) and three years of experience in 
these fields.  
(c) Data processing services 
 (CPC 843) - Input preparation services  
(CPC 8431)    
-   Data processing and  tabulation 
services  (CPC 8432) 
- Time-sharing services  (CPC 8433) (1) None 
(2) None 
(3) None (4) Unbound except as indicated in  
horizontal commitments. (1) None 
(2) None (3) None 
(4) Qualifications are as follows: 
certified engineers, or personnel 
with Bachelor's degree (or above) and three years of experience in 
these fields. 
   
D. Real Estate Services 
 (a) Real estate services involving own 
or leased property 
 (CPC 821) (1) None 
(2) None 
(3) None except for the following:  Wholly foreign-owned enterprises  
 are not permitted for high standard 
real estate projects
2, such as 
apartments and office buildings, but 
excluding luxury hotels. 
(4) Unbound except as indicated in  
horizontal commitments. (1) None 
(2) None 
(3) None  
 
  
 
(4) Unbound except as indicated in  
horizontal commitments. 
  
                                                      
2 High standard real estate projects refer to the real estate pr ojects with construction costs per unit two times more than the average construction costs per unit in the same city.   S/DCS/W/CHN
 Página 11Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
(b) Real estate services on a fee or 
contract basis 
 (CPC 822) (1) None 
(2) None (3) Only in the form of joint ventures, 
with foreign majority ownership 
permitted.  
(4) Unbound except as indicated in  
horizontal commitments. (1) None 
(2) None (3) None 
 
 (4) Unbound except as indicated in   
horizontal commitments. 
  
    
F. Other Business Services 
 (a) Advertising Services   (CPC 871)  (1) Only through advertising agents 
registered in China who have the 
right to provide foreign advertising 
services. 
(2) Only through advertising agents 
registered in China who have the 
right to provide foreign advertising services. 
(3) Foreign service suppliers are 
permitted to establish advertising enterprises in China only in the form 
of joint ventures with foreign 
investment no more than 49 per 
cent.  
 Within two years after China's 
accession, foreign majority 
ownership will be permitted and 
within four years after China's accession, wholly foreign-owned 
subsidiaries will be permitted. 
(4) Unbound except as indicated in  
horizontal commitments. (1) None 
 
 
 (2) None 
 
  
(3) None 
  
 
 
 
  
 
  
 
(4) Unbound except as indicated in  
horizontal commitments. 
  
  S/DCS/W/CHN 
Página 12 Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
(c) Management Consulting services 
 (CPC 865) (1) None 
(2) None (3) Only in the form of joint ventures, 
with foreign majority ownership 
permitted. 
 None, within six years of China's 
accession, foreign firms will be 
permitted to establish wholly foreign-owned subsidiaries. 
(4) Unbound except as indicated in  
horizontal commitments. (1) None 
(2) None (3) None 
 
  
 
  
(4) Unbound except as indicated in  
horizontal commitments. 
  
(e) Technical testing and analysis 
services 
 (CPC 8676)  and freight inspection covered by  CPC 749, 
 excluding statutory inspection 
services for freight inspection services (1) None 
(2) None 
(3) Foreign services suppliers which 
have been engaged in inspection 
services in their home countries for 
more than three years are permitted to establish joint venture technical 
testing, analysis and freight 
inspection companies with no less 
than US$ 350,000 in registered 
capital.  
 Within two years after China's 
accession, foreign majority 
ownership will be permitted and within four years after China's 
accession, wholly foreign-owned 
subsidiaries will be permitted.  
(4) Unbound except as indicated in  
horizontal commitments. (1) None 
(2) None 
(3) None  
 
  
 
 
 
  
 
  
 
 (4) Unbound except as indicated in  
horizontal commitments. 
  
(f) Services incidental to agriculture, 
forestry, hunting and fishing  
 (CPC 881, 882)  m. Related scientific technical 
consulting services  
 (CPC 8675) (1)  None 
(2)  None  
(3)  Only in the form of joint ventures, 
with foreign majority ownership permitted. 
(4) Unbound except as indicated in  
horizontal commitments. (1)  None 
(2)  None 
(3)  None 
  
(4) Unbound except as indicated in  
horizontal commitments.    S/DCS/W/CHN
 Página 13Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
- Offshore oil-field services 
geological, geophysical and other scientific prospecting services  
 (CPC 86751)  Sub-surface surveying services 
(CPC 86752)   (1) None 
(2) None  (3) Only in the form of petroleum 
exploitation in cooperation with 
Chinese partners 
(4) Unbound except as indicated in   
horizontal commitments. (1) None 
(2) None  (3) None 
 
 (4) Unbound except as indicated in  
horizontal commitments. 
  
- Onshore oil-field services    (1) None 
(2) None 
(3) Only in the form of petroleum 
exploitation in cooperation with China National Petroleum Corp. 
(CNPC) in the designated areas 
approved by the Chinese government.   
 In order to carry out the petroleum 
contract, the foreign service supplier shall establish a branch, subsidiary 
or representative office within the 
territory of the People's Republic of 
China and go through registration 
formalities in accordance with the laws.  The domiciles of the said 
offices shall be determined through 
consultation with CNPC.   
 The foreign service supplier shall 
open its bank account with a bank 
approved by the Chinese authorities to engage in foreign exchange 
business within the Chinese 
territory. 
(4) Unbound except as indicated in  
horizontal commitments. (1) None 
(2) None 
(3) The foreign service supplier shall 
furnish CNPC accurately and promptly with the reports on the 
petroleum operations, and shall 
submit to CNPC the data and samples as well as various 
technological, eco nomic, accounting 
and administrative reports related to petroleum operations.   
 CNPC shall have the ownership of 
all of the data records, samples, 
vouchers and other original 
information acquired during the implementation of the petroleum 
operations.  The investment of 
foreign service suppliers shall be made in US dollars or other hard 
currencies. 
  
 
 (4) Unbound except as indicated in  
horizontal commitments. 
   S/DCS/W/CHN 
Página 14 Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
(p) Photographic services  
 (CPC 875)   (1) None 
(2) None  (3) Only in the form of joint ventures, 
with foreign majority ownership 
permitted. 
(4) Unbound except as indicated in  
horizontal commitments. (1) None 
(2) None (3) None 
 
 (4) Unbound except as indicated in  
horizontal commitments. 
  
(q) Packaging services  
 (CPC 876) (1)  None 
(2)  None 
(3) Foreign service suppliers will be 
permitted to establish joint venture in China.  
 Within one year after China's 
accession, foreign majority ownership will be permitted.  
 Within three years after China's 
accession, foreign service suppliers will be permitted to establish wholly 
foreign-owned subsidiaries. 
(4) Unbound, except as indicated in  
horizontal commitments. (1)  None 
(2)  None 
(3)  None 
  
 
  
 
  
 
(4) Unbound, except as indicated in  
horizontal commitments. 
  
(s) Convention services 
 (CPC 87909)  (1) None 
(2) None  
(3) Only in the form of joint ventures, 
with foreign majority ownership 
permitted.  
(4) Unbound except as indicated in  
horizontal commitments. (1) None 
(2) None  
(3) None  
 
(4) Unbound except as indicated in  
horizontal commitments. 
    S/DCS/W/CHN
 Página 15Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
(t)  Translation and interpretation 
services (CPC 87905) (1) None 
(2) None  (3) Only in the form of joint ventures, 
with foreign majority ownership 
permitted 
(4) Unbound except as indicated in  
horizontal commitments. (1)  None 
(2)  None (3)  None 
 
 (4)  Qualifications are as follows: three 
years of experience in translation or 
interpretation and a good command of the working language(s). 
  
- Maintenance and repair services 
(CPC 63, 6112 and 6122) - Maintenance and repair services 
of office machinery and equipment 
including computers   (CPC 845 and 886) 
- Rental and leasing services  
 (CPC 831, 832, excluding   CPC 83202) (1) None 
(2) None (3) Only in the form of joint 
ventures. Within one year after China's 
accession, foreign ma jority ownership 
will be permitted.  
 Within three years after China's 
accession, wholly foreign-owned subsidiaries will be permitted.   
 For Rental and Leasing services, 
service suppliers will have global assets 
of US$ 5 million. 
(4) Unbound, except as indicated in  horizontal commitments. (1) None 
(2) None (3) None 
 
  
 
  
 
 
 
(4) Unbound, except as indicated in  horizontal commitments.  
  S/DCS/W/CHN 
Página 16 Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
2. COMMUNICATION SERVICES     
    
B.  Courier Services  
 (CPC 75121, except for those 
currently specifically reserved to 
Chinese postal authorities by law)  (1) None 
(2) None 
(3) Upon accession, foreign service 
suppliers will be permitted to establish joint ventures with foreign 
investment not exceeding 49 per 
cent.  
 Within one year after China's 
accession, foreign majority 
ownership will be permitted. 
 Within four years after China's 
accession, foreign service suppliers 
will be permitted to establish wholly foreign-owned subsidiaries 
(4) Unbound, except as indicated in  
horizontal commitments. (1) None 
(2) None 
(3) None 
  
 
  
 
  
 
  
(4) Unbound, except as indicated in  
horizontal commitments. 
  
C.  Telecommunication Services3 
 Value-added Services 
 Including the following: (1) See mode 3 
(2) None 
(3) Foreign service suppliers will be (1) None 
(2) None 
(3) None China undertakes the obligations 
contained in the Reference Paper in 
Annex I  attached hereto. 
(h) Electronic mail 
(i) Voice mail 
(j) On-line information and database 
retrieval 
(k) Electronic data interchange 
(l) Enhanced/Value-added facsimile 
services  
 (including store and forward, store 
and retrieve)  permitted to establish joint venture 
value-added telecommunication 
enterprises, without quantitative 
restrictions, and provide services in the cities of Shanghai, Guangzhou 
and Beijing. Foreign investment in 
joint venture shall be no more than 30 per cent.   
 
     
                                                      
3 China's commitments are scheduled in accordance with the follo wing: Notes for Scheduling Basic Telecom Services Commitments (S /GBT/W/2/REV/1) and Market Access Limitations 
on Spectrum Availability (S/GBT/W/3) attached hereto. 
All international telecomm unications services shall go through gateways establ ished with the approval of China's telecommunicat ions authorities, which wi ll act as an independent 
regulatory authority in accordance with the prin ciples of paragraph 5 of the Reference Paper. 
Further liberalization of this sector, including with respect to the level of equity participation permitted, will be discussed  in the services negotiations during the new round of trade talks.   S/DCS/W/CHN
 Página 17Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
(m) Code and protocol conversion 
(n) On-line information and/or data 
processing (including transaction 
processing)  Within one year after China's 
accession, the areas will be expanded to include Chengdu, 
Chongqing, Dalian, Fuzhou, 
Hangzhou, Nanjing, Ningbo,   
  Qingdao, Shenyang, Shenzhen, 
Xiamen, Xi'an, Taiyuan and Wuhan 
and foreign investment shall be no 
more than 49 per cent.   
  Within two years after China's 
accession, there will be no 
geographic restriction and foreign investment shall be no more than 
50 per cent.   
 (4) Unbound except as indicated in  
horizontal commitments. 
 (4) Unbound except as indicated in  
horizontal commitments.   S/DCS/W/CHN 
Página 18 Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
Basic Telecommunication 
Services - Paging Services (1) See mode 3 
(2) None (3) Foreign service suppliers will be 
permitted to establish joint venture 
enterprises, without quantitative restrictions, and provide services in 
and between the cities of Shanghai, 
Guangzhou and Beijing. Foreign investment in joint venture shall be 
no more than 30 per cent.   
 Within one year after China's 
accession, the areas will be 
expanded to include services in and between Chengdu, Chongqing, 
Dalian, Fuzhou, Hangzhou, 
Nanjing, Ningbo, Qingdao, Shenyang, Shenzhen, Xiamen, 
Xi'an, Taiyuan and Wuhan and 
foreign investment shall be no more than 49 per cent.   
 Within two years after China's 
accession, there will be no geographic restriction and foreign 
investment shall be no more than 50 
per cent.  
(4) Unbound except as indicated in  
horizontal commitments. (1) None 
(2) None (3) None 
 
  
 
  
 
 
 
  
 
  
 
  
 
  
 
 (4) Unbound except as indicated in  
horizontal commitments. 
 China undertakes the obligations 
contained in the Reference Paper in Annex 1 attached hereto.   S/DCS/W/CHN
 Página 19Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
Mobile Voice and Data Services: 
 - Analogue / Digital / Cellular 
Services 
- Personal Communication Services  (1) See mode 3 
(2) None (3)  Upon China's accession, foreign 
service suppliers will be permitted 
to establish joint venture enterprises, without quantitative restrictions, and 
provide services in and between the 
cities of Shanghai, Guangzhou and Beijing. Foreign investment in the 
joint venture shall be no more than 
25 per cent.   
 Within one year after accession, the 
areas will be expanded to include services in and between Chengdu, 
Chongqing, Dalian, Fuzhou, 
Hangzhou, Nanjing, Ningbo, Qingdao, Shenyang, Shenzhen, 
Xiamen, Xi'an, Taiyuan and Wuhan 
and foreign investment shall be no more than 35 per cent.   
 Within three years after accession, 
foreign investment shall be no more than 49 per cent.   
 Within five years after accession, 
there will be no geographic restriction. 
(4) Unbound except as indicated in  
horizontal commitments. 
 (1) None 
(2) None (3) None 
 
  
 
  
 
 
 
  
 
  
 
  
 
  
 
  
(4) Unbound except as indicated in  
horizontal commitments.     S/DCS/W/CHN 
Página 20 Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
- Domestic Services 
 (a) Voice services 
(b) Packet-switched data transmission 
services 
(c) Circuit-switched data transmission 
services 
(f) Facsimile services (g) Domestic private leased circuit 
services 
 
- International Services 
(a) Voice services  (b) Packet-switched data transmission 
services 
(c) Circuit-switched data  transmission 
services 
(f) Facsimile services 
(g) International closed user group 
voice and data services (use of 
private leased circuit service is 
permitted) (1) See mode 3 
(2) None (3) Within three years after China's 
accession, foreign service suppliers 
will be permitted to establish joint venture enterprises, without 
quantitative restrictions, and provide 
services in and between the cities of Shanghai, Guangzhou and Beijing. 
Foreign investment in the joint 
venture shall be no more than 25 per 
cent.   
 Within five years after accession, 
the areas will be expanded to 
include services in and between 
Chengdu, Chongqing, Dalian, Fuzhou, Hangzhou, Nanjing, 
Ningbo, Qingdao, Shenyang, 
Shenzhen, Xiamen, Xi'an, Taiyuan and Wuhan. And foreign investment 
shall be no more than 35 per cent.  
 Within six years after accession, 
there will be no geographic 
restriction and foreign investment 
shall be no more than 49 per cent. 
(4) Unbound except as indicated in  
horizontal commitments. 
 (1) None 
(2) None (3) None 
 
  
 
  
 
 
 
  
 
  
 
  
 
  
 
 (4) Unbound except as indicated in  
horizontal commitments.      S/DCS/W/CHN
 Página 21Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
D. Audiovisual Services 
 - Videos, including entertainment 
software and  
 (CPC 83202), distribution services - Sound recording distribution 
services (1) None 
(2) None (3) Upon accession, foreign services 
suppliers will be permitted to 
establish contractual joint ventures with Chinese partners to engage in 
the distribution of audiovisual 
products, excluding motion pictures, without prejudice to China's right to 
examine the content of audio and 
video products (see footnote 1). 
(4) Unbound, except as indicated in  
horizontal commitments. (1) None 
(2) None (3) None 
 
  
 
  
 
 
(4) Unbound, except as indicated in  
horizontal commitments. 
 Without prejudice to compliance with 
China's regulations on the administration of films, upon accession, China will allow 
the importation of motion pictures for 
theatrical release on a revenue-sharing basis and the number of such imports 
shall be 20 on an annual basis. 
- Cinema Theatre Services (1) None 
(2) None 
(3) Upon accession, foreign services 
suppliers will be permitted to construct and/or renovate cinema 
theatres, with foreign investment no 
more than 49 per cent. 
(4) Unbound, except as indicated in  
horizontal commitments. 
 (1) None 
(2) None 
(3) None 
  
 
 
(4) Unbound, except as indicated in  
horizontal commitments.  
     S/DCS/W/CHN 
Página 22 Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
3. CONSTRUCTION AND 
RELATED ENGINEERING SERVICES   
   
 (CPC 511, 512, 5134, 514, 515, 
 516, 517, 5185) (1) Unbound* 
(2) None 
(3) Only in the form of joint ventures, 
with foreign majority ownership 
permitted.  
 Within three years after China's 
accession to the WTO, wholly 
foreign-owned enterprises will be 
permitted. Wholly foreign-owned enterprises can only undertake the 
following four types of construction 
projects. (1) Unbound* 
(2) None 
(3) None except for the following:  
(a) The existing registered capital 
requirements for joint venture construction enterprises are slightly 
different from those of the domestic 
enterprises. (b) Joint venture construction 
enterprises have the obligation to 
undertake foreign-invested construction projects.  
  1. Construction projects wholly 
financed by foreign investment and/or grants. 
 2. Construction projects financed 
by loans of international financial 
institutions and awarded through 
international tendering according to the terms of loans. Within three years after China's accession 
to the WTO, none.  
  3. Chinese-foreign jointly 
constructed projects with foreign investment equal to or more than 50 
per cent; and Chinese-foreign jointly 
constructed projects with foreign investment less than 50 per cent but 
technically difficult to be 
implemented by Chinese construction enterprises alone.   
                                                      
4 Including dredging services relati ng to infrastructure construction. 
5 Coverage of CPC 518 is limited only to the rental and leasing services of construction and/or  demolition machines with operato r which are owned and used by foreign construction 
enterprises in their supply of services. 
* Unbound due to lack of technical feasibility.   S/DCS/W/CHN
 Página 23Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
 
  4. Chinese invested construction 
projects which are difficult to be implemented by Chinese 
construction enterprises alone can 
be jointly undertaken by Chinese and foreign construction enterprises 
with the approval of provincial 
government 
(4) Unbound except as indicated in  
horizontal commitments. 
  
  
 
  
 
 (4) Unbound except as indicated in  
horizontal commitments.  
4. DISTRIBUTION SERVICES 
 (as defined in Annex 2)    
 
  A. Commission Agents’ Services  
(excluding salt, tobacco) 
 
B. Wholesale Trade Services
6   
(excluding salt, tobacco) (1) Unbound 
(2) None (3) Within one year after China's 
accession to the WTO, foreign 
service suppliers may establish joint ventures to engage in the 
commission agents' business and 
wholesale business of all imported 
and domestically produced products, (1) Unbound 
(2) None (3) None Foreign-invested enterprises are 
permitted to distribute their products manufactured in China, including the 
products listed in the market access or 
sector or sub-sector column, and provide subordinate services as defined in 
Annex 2. 
  except those products that 
immediately follow. For these 
products, foreign service suppliers 
will be permitted to engage in the distribution of books, newspapers, 
magazines, pharmaceutical 
products, pesticides and mulching films within three years after 
China's accession, and to engage in 
the distribution of chemical fertilizers, processed oil and crude 
oil within five years after China's 
accession.   Foreign service suppliers are permitted to  
provide the full range of related 
subordinate services, including after sales 
services, as defined in Annex 2, for the products they distribute. 
                                                      
6 The restrictions on mode 1 sha ll not undermine the rights of WTO Members to the ri ght to trade as stipulated in Chapter 5 of C hina's Protocol of accession to the WTO.  S/DCS/W/CHN 
Página 24 Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
  Within two years after China's 
accession to the WTO, foreign majority ownership will be 
permitted and no geographic or 
quantitative restrictions will apply.   
  None, within three years after 
accession, except for chemical 
fertilizers, processed oil and crude 
oil within five years after accession.   
 (4) Unbound except as indicated in  
horizontal commitments. 
 (4) Unbound except as indicated in  
horizontal commitments.  
C. Retailing Services (excluding 
tobacco). (1) Unbound except for mail order. 
(2) None 
(3) Foreign service suppliers may 
supply services only in forms of 
joint ventures in five Special 
Economic Zones (Shenzhen, Zhuhai, Shantou, Xiamen and 
Hainan) and six cities (Beijing, 
Shanghai, Tianjin, Guangzhou, 
Dalian and Qingdao). In Beijing and 
Shanghai, a total of no more than four joint venture retailing 
enterprises are permitted 
respectively. In each of the other cities, no more than two joint 
venture retailing enterprises will be 
permitted. Two joint venture retailing enterprises among the four 
to be established in Beijing may set 
up their branches in the same city (i.e. Beijing).  
 (1) Unbound except for mail order. 
(2) None 
(3) None  Foreign-invested enterprises may 
distribute their products manufactured in 
China, including thos e excepted products 
as listed in the market access or sector or 
sub-sector column, and provide 
subordinate services as defined in Annex 2. 
 
Foreign service suppliers are permitted to 
provide full range of related subordinate 
services, including after sales services, as defined in Annex 2, for the products they 
distribute.   S/DCS/W/CHN
 Página 25Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
  Upon China's accession to the 
WTO, Zhengzhou and Wuhan will be immediately open to joint 
venture retailing enterprises. Within 
two years after China's accession to the WTO, foreign majority control 
will be permitted in joint venture 
retailing enterprises and all provincial capitals, Chongqing and 
Ningbo will be open to joint venture 
retailing enterprises. 
   
  Foreign service suppliers will be 
permitted to engage in the retailing 
of all products, except for the retailing of books, newspapers and 
magazines within one year after 
accession, the retailing of pharmaceutical products, pesticides, 
mulching films and processed oil   
 
  within three years after accession 
and retailing of chemical fertilizers 
within five years after accession.   
 
 None, within three years after 
accession, except for:.  
 
  
 - retailing of  chemical fertilizers, 
within five years after accession; 
and- those chain stores which sell products of different types and 
brands from multiple suppliers with 
more than 30 outlets. For such 
chains stores with more than 30 
outlets, foreign majority ownership will not be permitted if those chain 
stores distribute any of the     S/DCS/W/CHN 
Página 26 Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
  following products: motor vehicles 
(for a period of five years after accession at which time the equity 
limitation will have been 
eliminated), and products listed above and in Annex 2a of the 
Protocol of China's WTO 
Accession. The foreign chain store operators will have the freedom of 
choice of any partner, legally 
established in China according to 
China's laws and regulations.   
 (4) Unbound except as indicated in  
horizontal commitments. (4) Unbound except as indicated in  
horizontal commitments. 
  
D.  Franchising (1) None 
(2) None 
(3) Within three years after China's 
accession to the WTO, none. 
(4) Unbound except as indicated in  
horizontal commitments. 
 (1) None 
(2) None 
(3) Within three years after China's 
accession to the WTO, none. 
(4) Unbound except as indicated in  
horizontal commitments.  
E.  Wholesale or retail trade services 
away from a fixed location.   (1) None 
(2) None 
(3) Within three years after China's 
accession to the WTO, none7. 
(4) Unbound except as indicated in  
horizontal commitments. (1) None 
(2) None 
(3) Within three years after China's 
accession to the WTO, none. 
(4) Unbound except as indicated in  
horizontal commitments. 
   
                                                      
7 See paragraph 309 of the Working Party Report.   S/DCS/W/CHN
 Página 27Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
5. EDUCATIONAL SERVICES  
 
 (Excluding special education 
services e.g. military, police, 
political and party school education) 
  
  
  
  
A. Primary education services 
 (CPC 921, excluding national 
compulsory education in CPC 92190) 
B.  Secondary education services (1) Unbound 
(2) None 
(3) Joint schools will be established, 
with foreign majority ownership 
permitted. (1) Unbound 
(2) None 
(3) Unbound  
 (CPC 922, excluding national 
compulsory education in CPC 
92210) (4) Unbound except as indicated in  
horizontal commitments and the 
following: (4) Qualifications are as follows: 
-  possession of Bachelor's degree or 
above;  
C.  Higher education services 
 (CPC 923) 
D.  Adult education services  
 (CPC 924) E.  Other education services  
 (CPC 929, including English 
language training) 
  foreign individual education service 
suppliers may enter into China to 
provide education services when 
invited or employed by Chinese schools and other education 
institutions. 
 - and an appropriate professional title 
or certificate, w ith two years’ 
professional experiences.  
6. ENVIRONMENTAL SERVICES  
 (excluding environmental quality 
monitoring and pollution source 
inspection) 
 
A. Sewage Services 
(CPC 9401) 
B. Solid Waste Disposal Services 
(CPC 9402) 
C. Cleaning Services of Exhaust Gases 
(CPC 9404) 
D. Noise Abatement Services 
(CPC 9405) (1) Unbound except for environmental 
consultation services. 
(2) None 
(3) Foreign services suppliers engaged 
in environmental services are 
permitted to provide services only in 
the form of joint ventures, with foreign majority ownership 
permitted. 
(4) Unbound except as indicated in  
horizontal commitments. (1) None 
 
(2) None 
(3) None  
 
  
 
(4) Unbound except as indicated in  
horizontal commitments.   S/DCS/W/CHN 
Página 28 Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
E. Nature and Landscape Protection 
Services (CPC 9406) 
F. Other Environmental Protection 
Services (CPC 9409) 
G. Sanitation Services  
 (CPC 9403) 
    
7. FINANCIAL SERVICES    
   
A. All Insurance and Insurance-Related 
Services8 
 (a) Life, health and   
  pension/annuities insurance  (b) Non-life insurance 
 (c) Reinsurance 
 (d) Services auxiliary to insurance (1) Unbound except for :  
(a)  reinsurance; 
(b) international marine, aviation, and 
transport insurance; and  
(c) brokerage for large scale 
commercial risks,  international 
marine, aviation, and transport insurance,  and reinsurance. 
(2) Unbound for brokerage. Other, 
none.  (1) None 
 
 
  
 
  
(2) None  
 (3)  
A.  Form of establishment  
 Foreign non-life insurers will be 
permitted to establish as a branch or 
as a joint venture with 51 per cent foreign ownership.  
 Within two years after China's 
accession, foreign non-life insurers will be permitted to establish as a 
wholly-owned subsidiary; i.e., with 
no form of establishment restrictions. (3) None, except for: 
 - Foreign insurance institutions 
shall not engage in the statutory 
insurance business.  
 - Upon accession, a 20 per cent 
cession of all lines of the primary 
risks for non-life, personal accident 
and health insurance business with an appointed Chinese Reinsurance 
Company shall be required; one 
year after accession, 15 per cent  
                                                      
8 Any further authorization provided to foreign insurers after accession under more favorable cond itions than those contained in  this schedule (including the extension of grandfathered 
investments through branching, sub-branching or any other legal fo rm), will be made available to other foreign service supplier s which so requested.   S/DCS/W/CHN
 Página 29Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
  Upon accession, foreign life insurers 
will be permitted 50 per cent foreign ownership in a joint venture with the 
partner of their choice.  shall be required; two years after 
accession, ten per cent shall be required; and three years after 
accession, five per cent shall be 
required; and four years after accession, no compulsory cession 
shall be required.  
  The joint venture partners can freely 
agree the terms of their engagement, provided they remain within the 
limits of the commitments contained 
in this schedule.   
  For brokerage for insurance of large 
scale commercial risks and 
brokerage for reinsurance and brokerage for international marine,   
  aviation, and transport insurance 
and reinsurance: upon accession, joint venture with foreign equity no 
more than 50 per cent will be 
permitted; within three years after 
China's accession, foreign equity 
share shall    be increased to 51 per cent; within five years after China's 
accession, wholly foreign owned 
subsidiary will be permitted.  For other brokerage services: Unbound. 
Internal branching for an insurance 
firm will be permitted consistent with the phase out of geographic 
restrictions. 
    S/DCS/W/CHN 
Página 30 Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
 B. Geographic Coverage  
 Upon accession, foreign life and 
non-life insurers, and insurance 
brokers will be permitted to provide 
services in Shanghai, Guangzhou, Dalian, Shenzhen and Foshan. 
Within two years after China's 
accession, foreign life and non-life insurers, and insurance brokers will 
be permitted to provide services in 
the following cities: Beijing, 
Chengdu, Chongqing, Fuzhou, 
Suzhou, Xiamen, Ningbo, Shenyang, Wuhan and Tianjin. 
Within three years after China's 
accession, there will be no geographic restrictions. 
   
 C. Business Scope  
 Upon accession, foreign non-life 
insurers will be permitted to provide 
"master policy" insurance/insurance 
of large scale commercial risks, which has no geographic 
restrictions. In accordance with 
national treatment, foreign insurance brokers will be permitted to provide 
"Master policy" no later than 
Chinese brokers, under conditions no less favourable. 
 
     S/DCS/W/CHN
 Página 31Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
  Foreign non-life insurers are 
permitted to provide insurance of enterprises abroad as well as 
property insurance, related liability 
insurance and credit insurance of foreign-invested enterprises in 
China upon accession. Within 2 
years after China's accession, foreign non-life insurers will be 
permitted to provide the full range 
of non-life insurance services to 
both foreign and domestic  
clients.   
  Foreign insurers are permitted to 
provide individual (not group) insurance to foreigners and Chinese 
citizens; within three years after 
accession, foreign insurers will be permitted to provide health 
insurance, group insurance and 
pension/annuities insurance to 
foreigners and Chinese. 
   
  Upon accession, foreign insurers 
will be permitted to provide 
reinsurance services for life and non-life insurance as  a branch, joint 
venture, or wholly foreign-owned 
subsidiary, without geographic or quantitative restrictions on the 
number of licenses issued. 
    S/DCS/W/CHN 
Página 32 Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
    
D. Licenses  
 Upon accession, licenses will be 
issued with no eco nomic needs test 
or quantitative limits on licenses. 
Qualifications for establishing a 
foreign insurance institution are as 
follows: 
-  the investor shall be a foreign 
insurance company with more than 
30 years of establishment 
experience in a WTO member; 
- it shall have a representative office 
for two consecutive years in China; 
- it shall have total assets of more 
than US $5 billion at the end of the 
year prior to application, except for 
insurance brokers.   
  
 
  
 
  
 
 
  
  Insurance brokers shall have total 
assets of more than US$ 500 
million. Within one year after 
accession, they shall have total 
assets of more than US$ 400 
million. Within two years after 
accession, they shall have total 
assets of more than US$ 300 million 
Within four years after accession, 
they shall have total assets of more 
than US$ 200 million.    
 (4) Unbound except as indicated in  
horizontal commitments.  (4) Unbound except as indicated in  
horizontal commitments.    S/DCS/W/CHN
 Página 33Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
B. Banking and Other Financial 
Services 
 (excluding insurance and securities) 
 
 Banking services as listed below:  
(a) Acceptance of deposits and other 
repayable funds from the public; 
(b) Lending of all types, including 
consumer credit, mortgage credit, 
factoring and financing of 
commercial transaction; 
(c) Financial leasing;  (1) Unbound except for the following: 
- Provision and transfer of financial 
information, and financial data 
processing and related software by 
suppliers of other financial services; 
- Advisory, intermediation and other 
auxiliary financial services on all 
activities listed in subparagraphs (a) through (k), including credit 
reference and analysis, investment 
and portfolio research and advice, 
advice on acquisitions and on 
corporate restructuring and strategy. 
(2) None (1) None 
  
 
  
 
  
 
 
 
 (2) None For financial leasing services, foreign 
financial leasing corporations will be permitted to provide financial leasing 
service at the same time as domestic 
corporations. 
(d) All payment and money 
transmission services, including 
credit, charge and debit cards, 
travellers cheques and bankers drafts(including import and export 
settlement); 
(e) Guarantees and commitments; 
(f) Trading for own account or for 
account of customers: foreign exchange. (3)  
A.  Geographic coverage
 
 For foreign currency business, there 
will be no geographic restriction upon accession. For local currency 
business, the geographic restriction 
will be phased out as follows: Upon 
accession, Shanghai, Shenzhen, 
Tianjin and Dalian; Within one year after accession, Guangzhou, Zhuhai, 
Qingdao, Nanjing and Wuhan; 
within two years after accession, Jinan, Fuzhou, Chengdu and 
Chongqing; within three years after 
accession, Kunming, Beijing and Xiamen; Within four years after 
accession, Shantou, Ningbo, 
Shenyang and Xi'an. Within five years after accession, all geographic 
restrictions will be removed. 
 (3) Except for geographic restrictions 
and client limitations on local 
currency business (listed in the 
market access column), foreign financial institution may do 
business, without restrictions or 
need for case-by-cas e approval, with 
foreign invested enterprises, non-
Chinese natural persons, Chinese natural persons and Chinese 
enterprises.  Otherwise, none.   S/DCS/W/CHN 
Página 34 Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
 B. Clients  
 For foreign currency business, 
foreign financial institutions will be 
permitted to provide services in 
China without restriction as to clients upon accession.  
 For local currency business, within 
two years after accession, foreign financial institutions will be 
permitted to provide services to 
Chinese enterprises. Within five 
years after accession, foreign 
financial institutions will be permitted to provide services to all 
Chinese clients. Foreign financial 
institutions licensed for local currency business in  one region of 
China may service clients in any 
other region that has been opened for such business. 
     
 C. Licensing  
 Criteria for authorization to deal in 
China's financial services sector are 
solely prudential (i.e., contain no 
economic needs test or quantitative limits on licenses). Within five years 
after accession, any existing non-
prudential measures restricting ownership, operation, and juridical 
form of foreign financial 
institutions, including on internal branching and licenses, shall be 
eliminated.  
     S/DCS/W/CHN
 Página 35Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
  Foreign financial institutions who 
meet the following condition are permitted to establish a subsidiary 
of a foreign bank or a foreign 
finance company in China: 
     
 - total assets of more than US $10 
billion at the end of the year prior to 
filing the application.  
 
 Foreign financial institutions who 
meet the following condition are permitted to establish a branch of a 
foreign bank in China: 
 - total assets of more than US $20 
billion at the end of the year prior to 
filing the application.   
  Foreign financial institutions who 
meet the following condition are 
permitted to establish a Chinese-
foreign joint bank or a Chinese-
foreign joint finance company in 
China: 
 
- total assets of more than US $10 
billion at the end of the year prior to filing the application.  
 
 Qualifications for foreign financial 
institutions to engage in local 
currency business are as follows: 
 - three years business operation in 
China and being profitable for two 
consecutive years prior to the application, otherwise, none.  
 
(4) Unbound except as indicated in  
horizontal commitments.  
 
 
 
 
  
 
  
 
  
 
  
 
  
 
(4) Unbound except as indicated in  
horizontal commitments.     S/DCS/W/CHN 
Página 36 Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
- Motor vehicle financing by non-
bank financial institutions (1) Unbound except for the following: 
- Provision and transfer of financial 
information, and financial data 
processing and related software by 
suppliers of other financial services; 
- Advisory, intermediation and other 
auxiliary financial services on all 
activities listed in subparagraphs (a) through (k), including credit 
reference and analysis, investment 
and portfolio research and advice, 
advice on acquisitions and on 
corporate restructuring and strategy. 
(2) None 
(3) None 
(4) Unbound except as indicated in  
horizontal commitments. 
 (1) Unbound 
  
 
  
 
  
 
 
 
 (2) None 
(3) None 
(4) Unbound except as indicated in  
horizontal commitments.  
- Other financial services as listed 
below: 
(k) Provision and transfer of financial 
information, and financial data 
processing and related software by supplier of other financial services; 
(l) Advisory, intermediation and other 
auxiliary financial services on all activities listed in subparagraphs (a) 
through (k), including credit 
reference and analysis, investment and portfolio research and advice, 
advice on acquisitions and on 
corporate restructuring and strategy. 
 (1) None 
(2) None 
(3) None (Criteria for authorization to 
deal in China's financial services 
sector are solely prudential (i.e., contain no economic needs test or 
quantitative limits on licenses). 
Branches of foreign institutions are permitted. 
(4) Unbound except as indicated in  
horizontal commitments. (1) None 
(2) None 
(3) None  
 
  
 
  
(4) Unbound except as indicated in   
horizontal commitments.    S/DCS/W/CHN
 Página 37Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
- Securities (1) Unbound except for the following: 
- Foreign securities institutions may 
engage directly  (without Chinese 
intermediary) in B share business. 
(2) None (3)  
(a) Unbound, except for the following: 
- Upon accession, representative 
offices in China of foreign securities 
institutions may become Special 
Members of all Chinese stock 
exchanges. 
- Upon accession, foreign service 
suppliers will be permitted to 
establish joint ventures with foreign 
investment up to 33 per cent to conduct domestic securities 
investment fund management 
business. Within three years after China's accession, foreign 
investment shall be increased to 49 
per cent. Within three years after accession, foreign securities 
institutions will be permitted to 
establish joint ventures, with foreign minority ownership not exceeding 
1/3, to engage (without Chinese 
intermediary) in underwriting A shares and in underwriting and 
trading of B and H shares as well as 
government and corporate debts, 
launching of funds. 
(b).  Criteria for authorization to deal in 
China's financial industry are solely 
prudential (i.e., contain no economic 
needs test or quantitative limits on licenses). 
(4) Unbound except as indicated in  
horizontal commitments. (1) None 
  
 
(2) None (3) None 
 
  
 
 
 
  
 
  
 
  
 
  
 
  
 
  
 
 
 
  
 
  
(4) Unbound except as indicated in  
horizontal commitments.   S/DCS/W/CHN 
Página 38 Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
9. TOURISM AND TRAVEL 
RELATED SERVICES 
   
  
A.  Hotels (including apartment 
buildings) and Restaurants 
 (CPC 641-643) (1) None 
(2) None 
(3) Foreign services suppliers may 
construct, renovate and operate hotel 
and restaurant establishments in 
China in the form of joint ventures with foreign majority ownership 
permitted. 
  None, within four years after 
accession, wholly foreign-owned 
subsidiaries will be permitted. 
  (1) None 
(2) None 
(3) None  
 (4) Unbound, except as indicated in  
horizontal commitments and as 
follows: 
- Foreign managers, specialists 
including chefs and senior 
executives who have signed 
contracts with joint venture hotels 
and restaurants in China shall be permitted to provide services in 
China. 
 (4) Unbound, except as indicated in  
horizontal commitments.    S/DCS/W/CHN
 Página 39Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
B. Travel Agency and Tour Operator 
 (CPC 7471)  (1) None 
(2) None (3) Foreign services suppliers who meet 
the following conditions are 
permitted to provide services in the form of joint venture travel agencies 
and tour operators in the holiday 
resorts designated by the Chinese government and in the cities of 
Beijing, Shanghai, Guangzhou and 
Xi'an upon accession: 
(a) a travel agency and tour operator 
mainly engaged in travel business;  
(b) Annual world-wide turnover 
exceeds US$ 40 million. 
 (1) None 
(2) None (3) None except that joint ventures or 
wholly-owned travel agencies and 
tour operators are not permitted to engage in the activities of Chinese 
travelling abroad and to Hong Kong 
China, Macao China and Chinese Taipei. 
  
  The registered capital of joint 
venture travel agency/tour operator shall be no less than RMB 4 million.  
 Within three years after China's 
accession, the registered capital shall 
be no less than RMB 2.5 million.  
Within three years after accession foreign majority ownership will be 
permitted. 
  within six years after accession, 
wholly foreign-owned subsidiaries 
will be permitted and geographic restrictions will be removed.  The 
business scope of the travel agency/ 
tour operator is as follows: 
  
  
 
 
 
  
 
  
 (a) travel and hotel accommodation 
services for foreign travellers which can be made directly with 
transportation and hotel operators in 
China covering such operations;    S/DCS/W/CHN 
Página 40 Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
 (b)  travel services and hotel 
accommodation services for domestic travellers which can be 
made directly w ith transportation 
and hotel operators in China covering such operations;  
(c)  conducting of tours within China for 
both domestic and foreign travellers, and  
(d)  travellers check cashing services 
within China.   
 
 None within six years after 
accession, there will be no 
restriction on the establishment of 
branches of the joint venture travel agency/tour operator and the 
requirement on registered capital of 
foreign-invested travel agency/tour operator will be the same as that of   
 (4) Unbound, except as indicated in 
  horizontal commitments. (4) Unbound, except as indicated in  
horizontal commitments.    S/DCS/W/CHN
 Página 41Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
11. TRANSPORT SERVICES 
    
A. Maritime Transport Services 
- International transport (freight and 
passengers) 
 (CPC 7211 and 7212 less cabotage 
transport services) (1)  
(a) Liner shipping (including passenger 
transportation): None 
 (b) Bulk, tramp and other 
international shipping (including 
passenger transportation):  None 
(2) None (3)(a)  Establishment of registered 
companies for the purpose of 
operating a fleet under the national flag of the People's Republic of 
China: 
- Foreign service suppliers are 
permitted to establish joint venture 
shipping companies. 
- Foreign investment shall not exceed 
49 per cent of the total registered 
capital of the joint venture. 
- The chairman of board of directors 
and the general manager of the joint 
venture shall be appointed by the Chinese side.  
(b)  Other forms of commercial presence 
for the supply of international maritime transport services: 
Unbound (1)  
(a) None 
 
(b) None  
 
(2) None (3)(a) None 
 
  
 
  
 
  
 
 
 
  
(b) Unbound 
  
 The following services at the port are 
made available to international maritime transport suppliers on reasonable and non-discriminatory terms and conditions: 
1. Pilotage 
2. Towing and tug assistance 
3. Provisioning, fuelling and watering 
4. Garbage collecting and ballast waste 
disposal 
5. Port Captain's services 
6. Navigation aids 7. Shore-based operational services 
essential to ship operations, 
including communications, water and electrical supplies 
8. Emergency repair facilities 
9. Anchorage, berth and berthing 
services. 
 (4)(a) Ship's crew: Unbound except 
as indicated in  horizontal 
commitments. 
(b) Key personnel employed by 
Commercial Presence as defined 
under mode (3) (b) above: Unbound 
except as indicated in  horizontal commitments. (4)(a) Unbound except as indicated in  
horizontal commitments. 
 
(b) Unbound except as indicated in  
horizontal commitments.   S/DCS/W/CHN 
Página 42 Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
H. Auxiliary Services 
(a) Maritime cargo-handling services  (CPC 741) 
(c) Customs clearance services for 
maritime transport (1) Unbound* 
(2) None (3) Only in the form of joint ventures, 
with foreign majority ownership 
permitted. 
(4) Unbound except as indicated in  
horizontal commitments. 
 (1) Unbound* 
(2) None (3) None 
 
 (4) Unbound except as indicated in  
horizontal commitments.  
(d) Container station and depot services 
 
 (1) Unbound* 
(2) None 
(3) Only in forms of joint ventures, with 
foreign majority ownership permitted. 
(4) Unbound except as indicated in  
horizontal commitments. (1) Unbound*  
(2) None 
(3) None 
  
(4) Unbound except as indicated in  
horizontal commitments. 
  
(e) Maritime agency services (1) None 
(2) None (3) Only in forms of joint ventures, with 
foreign equity share no more than 
49 per cent.  
(4) Unbound except as indicated in  
horizontal commitments. (1) None 
(2) None (3) None 
 
 
(4) Unbound except as indicated in  
horizontal commitments. 
  
                                                      
* Unbound due to lack of technical feasibility.   S/DCS/W/CHN
 Página 43Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
B. Internal Waterways Transport 
(b) Freight transport  (CPC 7222) 
 (1) Only international shipping in ports 
open to foreign vessels shall be permitted. 
(2) None 
(3) Unbound (4) Unbound except as indicated in  
horizontal commitments. 
 (1) Limitations as indicated under 
market access column. 
 
(2) None 
(3) Unbound (4) Unbound except as indicated in  
horizontal commitments  
C. Air Transport Services 
(d) Aircraft repair and maintenance 
services 
 (CPC 8868) (1) Unbound* 
(2) None 
(3) Foreign service suppliers are 
permitted to establish joint venture aircraft repair and maintenance 
enterprises in China.  The Chinese 
side shall hold controlling shares or be in a dominant position in the 
joint ventures.  Licenses for the 
establishments of joint ventures are subject to economic needs test. 
(4) Unbound except as indicated in  
horizontal commitments. (1) Unbound* 
(2) None 
(3) The joint ventures have the 
obligation to undertake business in the international market. 
 
  
 
  
(4) Unbound except as indicated in  
horizontal commitments. 
  
- Computer Reservation System 
(CRS) services (1)(a)  Foreign Computer Reservation 
System, when having agreements 
with Chinese aviation enterprises 
and Chinese Computer Reservation System, may provide services to 
Chinese aviation enterprises and 
Chinese aviation agents by connecting with Chinese Computer 
Reservation System. 
 (1) None  
                                                      
* Unbound due to lack of technical feasibility.  S/DCS/W/CHN 
Página 44 Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
 (b) Foreign Computer Reservation 
System may provide services to representative offices and sales 
offices established in the destination 
cities in China by foreign aviation enterprises which have the right to 
engage in business according to the 
bilateral aviation agreements. 
   
 (c)  Direct access to and use of foreign 
Computer Reservation System by 
Chinese aviation enterprises and agents of foreign aviation 
enterprises are subject to approval 
of the General Administration of Civil Aviation of China (CAAC).   
 (2) None 
(3) Unbound (4) Unbound except as indicated in  
horizontal commitments (2) None 
(3) Unbound (4) Unbound except as indicated in  
horizontal commitments.  
 
E. Rail Transport Services 
 F. Road Transport Services 
- Freight transportation by rail 
 (CPC 7112)    
  
- Freight transportation by road in 
trucks or cars  
 (CPC 7123) (1) None 
(2)  None 
(3) Only in the form of joint ventures, 
with foreign investment not to 
exceed 49 per cent. 
 For rail transport, within three years 
after China's accession, foreign 
majority ownership will be 
permitted and within six years after China's accession, wholly foreign-
owned subsidiaries will be 
permitted. (1) None 
(2) None 
(3) None    S/DCS/W/CHN
 Página 45Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
  For road transport, within one year 
after China's accession, foreign majority ownership will be 
permitted, within three years after 
China's accession, wholly foreign-owned subsidiaries will be permitted. 
 
(4) Unbound except as indicated in  
horizontal commitments.  
  
 
  
 
(4) Unbound except as indicated in  
horizontal commitments.  
    
H. Services Auxiliary to all Modes of 
Transport 
- Storage and warehousing services 
(CPC 742) (1)  Unbound 
(2)  None (3)  Upon accession, only in the form of 
joint ventures, with foreign 
investment not to exceed 49 per cent. Within one year after China's 
accession, foreign majority 
ownership will be permitted.   
 
 None  within three years of China's 
accession, wholly foreign-owned 
subsidiaries will be permitted. 
 
(4)  Unbound except as indicated in  
horizontal commitments. (1) Unbound 
(2) None (3) None 
 
  
 
  
 
 
 
 (4) Unbound except as indicated in  
horizontal commitments   S/DCS/W/CHN 
Página 46 Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
- Freight forwarding  agency services 
(CPC 748 and 749 excluding freight inspection) (1) None 
(2)  None (3) Upon accession, foreign freight 
forwarding agencies which have at 
least three consecutive years experience are permitted to set up 
freight forwarding agency joint 
ventures in China, with foreign investment not to exceed 50 per cent; 
within one year after China's 
accession, foreign majority 
ownership will be permitted.  
 Within four years after China's 
accession, wholly foreign-owned 
subsidiaries will be  
permitted.   
 The minimum registered capital of 
the joint venture shall be no less than 
US$ 1 million. Within four years after accession, national treatment 
will be accorded in this respect. 
Operation term of the joint  ventures shall not exceed  
20 years.  
 After one year operating in China, 
the joint venture can  set up branches 
when the registered capital of both 
sides has been provided. Another US$ 120,000 shall be added to the 
original registered capital of the joint 
venture for the set-up of each branch. 
Within two years after China's 
accession to the WTO, this additional registered capital 
requirement will be implemented on 
the national treatment basis. (1) None 
(2) None (3) None    S/DCS/W/CHN
 Página 47Modes of supply:  (1)  Cross-border supply (2)  Consumption abroad      (3)  Commercial presence       (4) Presence of natural persons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
  A foreign freight forwarding agency 
may set up a second joint venture after its first joint venture has been in 
operation for five years. Within two 
years after China's accession to WTO, this requirement will be 
reduced to two years. 
(4)  Unbound except as indicated in  
horizontal commitments.  
  
 
  
 
(4) Unbound except as indicated in  
horizontal commitments.  
 
 S/DCS/W/CHN 
Página 48  
 
ANNEX 1 
 
Reference Paper
  
 Scope
 
 
 The following are definitions and principl es on the regulatory framework for the basic 
telecommunications services.    Definitions
 
 
 Users  mean service consumers and service suppliers.   
  Essential facilities
 mean facilities of a public telecommunications transport network or service 
that: 
 
(a) are exclusively or predominantly provided by a single or limited number of suppliers;  
and 
(b) cannot feasibly be economically or tec hnically substituted in order to provide a 
service. 
 
 A major supplier  is a supplier which has the ability to materially affect the terms of 
participation (having regard to price and supply) in  the relevant market for basic telecommunications 
services as a result of:   (a) control over essential facilities;  or 
 (b) use of its position in the market. 
 1. Competitive safeguards
 
 1.1 Prevention of anti-competitive practices in telecommunications
 
 
 Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone 
or together, are a major supplier from engaging  in or continuing anti-competitive practices. 
 1.2 Safeguards
 
 
 The anti-competitive practices referred to  above shall include in particular: 
 
(a) engaging in anti-competitive cross-subsidization;   
 (b) using information obtained from comp etitors with anti-competitive results;  and 
(c) not making available to other services suppliers on a timely basis technical 
information about essential facilities and co mmercially relevant information which 
are necessary for them to provide services. 
 
2. Interconnection  
 2.1 This section applies to linking with supplie rs providing public telecommunications transport 
networks or services in order to allow the users of  one supplier to communicate with users of another 
supplier and  to access services provided by anothe r supplier, where specific commitments are 
undertaken.   S/DCS/W/CHN 
 Página 49 
 
 
2.2 Interconnection to be ensured  
  Interconnection with a major supplier will be en sured at any technically feasible point in the 
network.  Such interconnection is provided.  
(a) under non-discriminatory terms, conditi ons (including technical standards and 
specifications) and rates and of a quality no less favourable than that provided for its 
own like services or for like services of non-affiliated service suppliers or for its subsidiaries or other affiliates; 
(b) in a timely fashion, on terms, conditions (including technical standards and 
specifications) and cost-oriented rates that ar e transparent, reasonable, having regard 
to economic feasibility, and sufficiently unbundl ed so that the supplier need not pay 
for network components or facilities that it does not require for the service to be provided;  and 
(c) upon request, at points in addition to the network termination points offered to the 
majority of users, subject to charges that reflect the cost of construction of necessary 
additional facilities. 
 2.3 Public availability of the pro cedures for interconnection negotiations
 
  The procedures applicable for interconnecti on to a major supplier will be made publicly 
available. 
 2.4 Transparency of interconnection arrangements
 
  It is ensured that a major supplier will make  publicly available either its interconnection 
agreements or a reference interconnection offer. 
 2.5 Interconnection:  dispute settlement
 
  A service supplier requesting interconnection with  a major supplier will have recourse, either: 
 
 (a) at any time; or 
 (b) after a reasonable period of time which has been made publicly known  to an independent domestic body, which may be a regulatory body as referred to in paragraph 5 
below, to resolve disputes regarding appropriate te rms, conditions and rates for interconnection within 
a reasonable period of time, to the extent th at these have not been established previously. 
 3. Universal service
 
  Any Member has the right to define the ki nd of universal service obligation it wishes to 
maintain.  Such obligations will not be regarded as anti-competitive per se , provided they are 
administered in a transparent, non-discriminator y and competitively neutral manner and are not more 
burdensome than necessary for the kind of universal service defined by the Member.       4. Public availability of licensing criteria
 
 
 Where a licence is required, the following will be made publicly available: 
 
(a) all the licensing criteria and the period of  time normally required to reach a decision 
concerning an application for a licence;  and 
(b) the terms and conditions  of  individual licences. 
 S/DCS/W/CHN 
Página 50  
 
 The reasons for the denial of a licence will be  made known to the applicant upon request. 
 5. Independent regulators
 
  The regulatory body is separate from, and not accountable to, any supplier of basic 
telecommunications services. The decisions of and the procedures used by regulators shall be 
impartial with respect to all market participants.  6. Allocation and use of scarce resources
 
 
 Any procedures for the allocation and use of scarce resources, including frequencies, numbers 
and rights of way, will be carried out in an obj ective, timely, transparent and non-discriminatory 
manner. The current state of allocated frequency ba nds will be made publicly available, but detailed 
identification of frequencies allocated for specific government uses is not required.   S/DCS/W/CHN 
 Página 51 
 
 
  
WORLD TRADE  S/GBT/W/2/Rev.1  
  16 January 1997 
ORGANIZATION  
  (97-0173)   
 
Group on Basic Telecommunications  
 
  
Note by the Chairman
 
 
Revision  
 
 It has been suggested by a number of delegations  that it might be helpful to produce a brief and 
simple note on assumptions applicabl e to the scheduling of commitments in basic telecoms.  The 
purpose of the attached note is to assist delegations in ensuring the transparency of their commitments 
and to promote a better understanding of the meaning of  commitments.  This note is not intended to have 
or acquire any binding legal status.  
 
  NOTES FOR SCHEDULING BASI C TELECOM SERVICES COMMITMENTS
 
 
 1. Unless otherwise noted in the sector column , any basic telecom service listed in the sector 
column:  
 (a) encompasses local, long distance and in ternational services for public and non-public 
use; 
  (b) may be provided on a facili ties-basis or by resale;  and 
  
 (c) may be provided through any means of technology (e.g., cable
1, wireless, satellites). 
 2. Subsector (g) --private leased ci rcuit services -- involves the ability  of service suppliers to sell or 
lease any type of network capacity for the supply of services listed in any ot her basic telecom service 
subsector unless otherwise noted in the sector column .  This would include capa city via cable, satellite 
and wireless network. 
 
3. In view of points 1 and 2 above, it should not be necessary to list cellular or mobile services as a 
separate subsector. However,  a number of Members have done so, and a number of offers have commitments only in these subsectors.  Therefore, in order to avoid extensive changes in schedules, it would seem appropriate for Members to mainta in separate entries for these subsectors. 
                                                     
 
     1Including all types of cable. S/DCS/W/CHN 
Página 52  
 
 
WORLD TRADE  S/GBT/W/3  
  3 February 1997 
ORGANIZATION  
  (97-0415)   
 
  Original:  English 
Group on Basic Telecommunications  
 
 
  
CHAIRMAN'S NOTE
 
 
Market Access Limitations on Spectrum Availability  
 
  Many Members have entries in the market acc ess column of their schedules indicating that 
commitments are "subject to availability of spectrum/frequency" or similar wording.  In light of the physical nature of spectrum and the constraints inhe rent in its use, it is understandable that Members 
may have sought to rely on these words to adequately  protect legitimate spectr um management policies.  
There is, however, doubt that words such as "subject to availability of spectrum/frequency" as listed in 
the market access column of many Memb ers' schedules achieve that objective. 
  Spectrum/frequency management is not, per se , a measure which need s to be listed under 
Article XVI.  Furthermore under the GATS each Member  has the right to exercise spectrum/frequency 
management, which may affect the number of service suppliers, provided that th is is done in accordance 
with Article VI and other relevant provisions of the GATS.  This includes the ability to allocate frequency bands taking into account  existing and future needs.  Also, Members which have made 
additional commitment in line with the Reference Paper on regulatory principles are bound by its 
paragraph 6. 
 
 Therefore, words such as "subject to availability of spectrum/frequency" are unnecessary and should be deleted from Members' schedules. 
  
 
  S/DCS/W/CHN 
 Página 53 
 
 
ANNEX 2 
 
Distribution Services  
  Distribution trade services are comprised of four main sub-sectors: 
 
− commission agents services; 
− wholesaling; 
− retailing; and 
− franchising. 
 
 The principal services rendered in each subsector can be characterized as reselling merchandise, accompanied by a variety of rela ted subordinated services, including inventory 
management; assembly, sorting and gr ading of bulk lots; breaking bulk  lots and redistributing into 
smaller lots; delivery services; refrigeration, storage, warehousing and garage services; sales 
promotion, marketing and advertis ing, installation and after sales services including maintenance and 
repair and training services. Distribution services ar e generally covered by CPC 61, 62, 63 and 8929. 
  Commission Agents' Services consist of sales on a fee or contract basis by an agent, broker or auctioneer or other wholesalers of goods/mer chandise and related subordinated services. 
 
 Wholesaling consist of the sale of goods/mercha ndise to retailers to industrial, commercial, 
institutional, or other professional business users, or to other whol esalers and related subordinated 
services.   Retailing services consist of the sale of goods/merchandise for personal or household 
consumption either from a fixed location (e.g., store,  kiosk, etc.) or away from a fixed location and 
related subordinated services.    Franchising services consist of the sale of the use of a product, trade name or particular business format system in exchange for fees or r oyalties. Product and trade name franchising involves 
the use of a trade name in exchange for fees or ro yalties and may include an  obligation for exclusive 
sale of trade name products. Business format fra nchising involves the use of an entire business 
concept in exchange for fees and royalties, and ma y include the use of a trade name, business plan, 
and training materials and related subordinated services.
 S/DCS/W/CHN 
Página 54  
 
ANNEX 3 
 
Insurance: Definition of "Master Policy"
 
  Master policy is the policy that provides blanke t coverage for the same  legal person's property 
and liabilities located in different places. Master  policy may only be issued by the business 
department of an insurer's head office or that of  its authorized province-level branch offices. Other 
branches are not allowed to issue master policy.   Master policy business with the state key constr uction projects as its subject-matter insured.  
If investors on the state key construction projects (i.e., projects that are so listed and annually 
announced by the State Development and Planning Commission) meet either of the following requirements, they may purchase master policy from in surers that are located in the same place as the 
investors' legal persons do.  
 The investment on the subject-matter insured is all from China (including the reinvestment 
from the foreign-invested enterpri ses in China), and the sum of investment of the investor accounts 
for over 15 per cent of the total investment.   The investment is partially from abroad, and pa rtially from China (including the reinvestment 
from the foreign-invested enterprises in China), a nd the sum of investment of the Chinese investor 
accounts for over 15 per cent for the total domestic investment. 
  For those projects that draw investment all from abroad, every insurer may provide coverage 
in the form of master policies.  
 Master policy covering different  subjects-matter insured of the same legal person.  For those 
subjects-matter insured located in different pl aces and owned by the same legal person (excluding 
financial, railway, and post and telecommunications  industries and enterprises), master policy may be 
issued on the basis of either of the following conditions. 
  For the sake of payment of premium tax, insu rance companies incorporated where the legal 
person or accounting unit of the insurance applicant is located are allowed to issue master policy. 
  If over 50 per cent of insurance amount of th e subject-matter insured is from a larger or 
medium sized city, then insurers in that city are allowed to issue master policy, no matter whether the 
insurance applicant's legal person or accounting unit is located in the city. 
 
 Motor insurance, credit insura nce, employer liabilities insura nce, statutory insurance, and 
other insurance business excluded by the CIRC can not  be underwritten or co-insured by insurers 
located other than where the subject-insured are located, or covered under a master policy.    
__________   S/DCS/W/CHN
 Página 55LIST OF ARTICLE II EXEMPTIONS FOR THE PEOPLE'S REPUBLIC OF CHINA 
Sector or Sub-sector Description of Measures Indicating 
its Inconsistency with Article II Countries to Which the 
Measures Applies Intended Duration Conditions Creating the Need for the 
Exemption 
Maritime Transport  International Transport  Freight and Passengers The parties concerned may, through 
bilateral agreement, establish entities to engage in usual business in China either as joint ventures or wholly-owned subsidiaries subject to the Chinese laws on joint ventures and on foreign capital enterprises for ships owned or operated by carriers of the parties concerned.   Unspecified.  Unforeseeable. Acco rding to present state of trade 
between signatories. 
 Agreements of cargo shar ing. Algeria, Argentina, 
Bangladesh, Brazil, Thailand, USA, Zaire.  Subject to the 
effective duration of the agreements concerned. According to present state of trade 
between signatories. 
 
__________