WORLD TRADE
ORGANIZATIONS/C/N/256
1 December 2003
(03-6354)
Council for Trade in Services Original:  English
NOTIFICATION PURSUANT TO ARTICLE III:3 OF THE
GENERAL AGREEMENT ON TRADE IN SERVICES
The following notification, dated 27 November 2003, from the delegation of the People's
Republic of China is being circulated to the Members of the Council for Trade in Services.
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1. Member notifying:
The People's Republic of China
2. Notification under:
Article III, paragraph 3 of the General Agreement on Trade in Services
3. Date of entry into force/duration:
1 March 2003
4. Agency responsible for implementati on and enforcement of the measure:
Ministry of Communication of the People’s Republic of China
5. Complete description of the measure* indicating the modes of supply covered, the effect
on trade in services (e.g., restrictions/liberalization measures) and the impact of the
measure on commitments in the Member's schedule and Article II (MFN) exemption
list, if relevant:
Implementing Rules of the Regulations of th e People’s Republic of China on International
Maritime Transportation
The Implementing Rules of the Regulations of the People’s Republic of China on
International Maritime Transportation (hereinafter referred to as the Rules) have seven
chapters. Chapter I is the General Provisions. Chapter II is Operators of InternationalShipping Services and Auxiliary Businesses Thereof. Chapter III is Business Operations of
International Maritime Transportation and Auxiliary Businesses Thereof. Chapter IV is
Investment in and Operation of International Maritime Transportation and Auxiliary
Businesses Relating Thereto by Foreign Investors. Chapter V is Investigations and
Settlement. Chapter VI is Legal Liabilities. Chapter VII is Supplementary Provisions. In theRules, there are 19 definitions including those of international shipping services, international
                                                     
* Including international agreements, recognition measures or other types.S/C/N/256
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liner services. There are also provisions on the procedures, materials, time limit, etc. for
granting the permit or registration of doing businesses relating to international shipping
services, international shipping agency services, international ship management, NVOCC,
etc. in the Rules.
In accordance with the provisions of the Rules, in case of setting up an enterprise within the
Chinese territory to operate international shipping services, or operating international
shipping services when such an applicant is a Chinese enterprise legal person, an application
for permit shall be submitted to the Ministry of Communications, and a duplicate of the same
documents shall be sent to the competent communications department of the people’s
government of the province, autonomous region or municipality directly under the Central
Government where the enterprise is or is to be registered. The Ministry of Communicationsshall, within 30 working days from the date when the application documents are complete and
authentic, complete the examination and verification and make a decision on granting or not
granting permission. In case of operating international shipping agency services, an
application for registration shall be submitted to the Ministry of Communications, and the
same documents shall be sent to the competent communications department of the people’sgovernment of the province, autonomous region or municipality directly under the Central
Government where the enterprise is or is to be registered. The Ministry of Communications
shall, within 15 working days from the date when the application documents are complete and
authentic, complete the examination and verification and make a decision on granting or not
granting registration. In case of engagement in international ship management services, anapplication for registration shall be submitted to the competent communications department
of the people’s government of the province, autonomous region or municipality directly under
the Central Government where the proposed business is to be located. In case of registration
of a non-vessel-operating common-carrier’s bill of lading, an application for registration shall
be submitted to the Ministry of Communications, and a duplicate of the same documents shallbe sent to the competent communications department of the people’s government of the
province, autonomous region or municipality directly under the Central Government. The
Ministry of Communications shall, within 15 working days from the date when the
application documents are complete and authentic, complete the examination and verification
and make a decision on granting or not granting registration. There are also provisions
specifying the procedures and documents for setting up branches within Chinese territory by
Chinese operators of international shipping serv ices, international shipping agency services,
international ship management services and Chinese NVOCCs in the Rules.
The Rules have provisions on the obligations of international liner service operators,
NVOCCs, operators of international ship management services when they operate in China.
There are provisions in the Rules specifying the application procedures and documents when
foreign investors make investment to establish Chinese-foreign equity joint-ventures or
contractual joint-ventures to engage in international shipping services, international shipping
agency services, international ship management services, and international maritime container
freight station and container yard services. There are also provisions in the Rules specifyingthe application procedures and documents when foreign investors make investment to
establish enterprises to engage in international maritime cargo warehousing services. There
are detailed provisions on the establishment, change of names or chief representatives,
extension of service duration and termination of services of representative offices of foreign
operators of international shipping services and foreign operators of auxiliary businessesoperations relating to international maritime transportation in the Rules.S/C/N/256
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The Rules have provisions on the investigation procedures, the elements for consideration
when giving an investigation decision on investigation into business activities which can be
detrimental to fair competition or which can be unjustifiable business conducts.
After the implementation of the Rules, the five Provisions including the Measures for
Administration of International Shipping Service issued by the Ministry of Communications
shall be repealed simultaneously.
6. Members specifically affected, if any:
None
7. The texts are available from:
- Enquiry point /g254
- WTO Secretariat /g168
- Other sources (address, fax
and telephone of other body) /g168
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