RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
4 September 2001 
 (01-4215) 
Working Party on the  
Accession of China  
 
 
 
DRAFT REPORT OF THE WORKING PARTY ON 
THE ACCESSION OF CHINA 
 
Draft Schedule – China  
 
Part II – Draft Schedule of Sp ecific Commitments on Services  
 
Revision  
 
_______________ 
  WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
Page 2 Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
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 
 The proportion of foreign investment in an equity joint venture shall be no less than 25 per cent of th e 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.  (3) Unbound for all the existing 
subsidies to domestic services suppliers in the sectors of audio-visual, aviation and medical services. 
  
                                                      
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 jo int venture as well as the investment or other contributions 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.   WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1
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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 licen se 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.   WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
Page 4 Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
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.   
   WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1
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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) Business scope of foreign representative 
offices is only as follows:  (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, Shuhai, Hanghou, Fuzhou, Wuhan, Chengdu, Shenyang and Kunming only. 
 
 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. 
  
  (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 outside of China.    WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
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Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
 Business scope of foreign  
 representative offices:  (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. 
     WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1
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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 
outside of China. 
 
(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.  
- 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.  WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
Page 8 Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
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    WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1
 Page 9Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
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 Comm itments and as 
follows: 
  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. (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  
   WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
Page 10 Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
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.  
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) c. Data processing services  (CPC 843) - Input preparation services  
(CPC 8431) (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.  
-   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.     WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1
 Page 11Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
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D. Real Estate Services 
 a. Real estate serv ices 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.  
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.  
                                                      
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. 
  WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
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Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional 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.  
 
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.    WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1
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Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional 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.  
- 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.   WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
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Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional 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.  
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.    WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1
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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.  
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).   WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
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Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
- 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 majority 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.  
   WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1
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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: 
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) 
m. Code and protocol conversion 
n. On-line information and/or data 
processing (including transaction 
processing) (1) See mode 3 
(2) None (3) Foreign service suppliers will be 
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.   
 Within one year after China's 
accession, the areas will be 
expanded to include Chengdu, 
Chongqing, Dalian, Fuzhou, 
Hangzhou, Nanjing, Ningbo,  (1) None 
(2) None (3) None China undertakes the obligations 
contained in the Reference Paper in Annex I  attached hereto. 
                                                      
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.  WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
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Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
  Qingdao, Shenyang, Shenzhen, 
Xiamen, Xian, 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.  
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, Xian, 
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.   WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1
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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, Xian, 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 Co mmitments.     WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
Page 20 Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
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, Xian, 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 Co mmitments.      WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1
 Page 21Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
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 joint ventures with Chinese partners with foreign investment less 
than 49 per cent 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. 
(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   WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
Page 22 Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
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. 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.  
 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 (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. 
  Within three years after China's 
accession to the WTO, none.  
                                                      
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.   WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1
 Page 23Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
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.   WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
Page 24 Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional 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, 
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.  
 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. (1) Unbound 
(2) None (3) None 
 
  
 
  
 
  
 
  
 
  
 
 
 
  
 
  
 
  
 
 (4) Unbound except as indicated in 
Horizontal Commitments. 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.  
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.   WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1
 Page 25Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
C. Retailing Services 
  (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).  
 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  (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.  WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
Page 26 Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
 
  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 
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.    WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1
 Page 27Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional 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.  WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
Page 28 Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
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  
 (CPC 922, excluding national 
compulsory education in CPC 92210) 
C.  Higher education services 
 (CPC 923) D.  Adult education services  
 (CPC 924) 
E.  Other education services   (CPC 929, including English 
language training) (1) Unbound 
(2) None (3) Joint schools will be established, 
with foreign majority ownership 
permitted. 
(4) Unbound except as indicated in 
Horizontal Comm itments and the 
following: 
 foreign individual education service 
suppliers may enter into China to 
provide education services when invited or employed by Chinese 
schools and other education 
institutions. (1) Unbound 
(2) None (3) Unbound 
 
 (4) Qualifications are as follows:  
 
 possession of Bachelor's degree or 
above; 
 and an appropriate professional title 
or certificate, w ith two years’ 
professional experiences.    WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1
 Page 29Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
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) 
E. Nature and Landscape Protection 
Services 
(CPC 9406) 
F. Other Environmental Protection 
Services 
(CPC 9409) 
G. Sanitation Services  
 (CPC 9403) (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   WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
Page 30 Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
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)  international marine, aviation, 
and transport insurance and 
reinsurance; 
 b)  brokerage for insurance of 
large scale commercial risks, 
brokerage for insurance and 
brokerage for international marine, aviation, and transport insurance 
and reinsurance. 
(2) Unbound for brokerage. Other, 
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.   
 Upon accession, foreign life insurers 
will be permitted 50 per cent foreign ownership in a joint venture with the 
partner of their choice.   
 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,  (1) None 
  
 
  
 
  
 
(2) None  
(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 
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.  
                                                      
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.   WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1
 Page 31Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
  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. 
 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. 
    WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
Page 32 Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
 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. 
 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. 
     WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1
 Page 33Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
  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.   
    
 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.   WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
Page 34 Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
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; 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. 
 (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) 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 Xian. Within five 
years after accession, all geographic 
restrictions will be removed. (1) None 
  
 
  
 
  
 
 
 
 (2) None 
(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. For financial leasing services, foreign 
financial leasing corporations will be permitted to provide financial leasing 
service at the same time as domestic 
corporations.   WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1
 Page 35Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
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.  
  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:      WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
Page 36 Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
  - 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.      WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1
 Page 37Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
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.   WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
Page 38 Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
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.    WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1
 Page 39Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
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. 
(4) Unbound, except as indicated in 
Horizontal Comm itments 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.  (1) None 
(2) None (3) None 
 
  
 
  
 
 (4) Unbound, except as indicated in 
Horizontal 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. 
   WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
Page 40 Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
  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; 
 b)  travel se rvices 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 
Chinese travel agen cy/tour operator. 
     WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1
 Page 41Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional commitments 
 4) Unbound, except as indicated in 
Horizontal Commitments. (4) Unbound, except as indicated in 
Horizontal 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 
(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. (1) (a) None 
 
 (b) None  
 
(2) None (3) (a) None 
 
 
 
  
 
  
 
  
 
  
 
 (b) Unbound  
 
 (4) (a)  Unbound except as indicated in 
Horizontal Commitments. 
 
 (b) Unbound except as indicated in 
Horizontal Commitments. 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.  WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
Page 42 Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
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.   WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1
 Page 43Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
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.  
                                                      
* Unbound due to lack of technical feasibility.  WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
Page 44 Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional 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. 
 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. (1) None 
  
 
  
 
  
 
 
 
  
 
  
 
  
 
  
 
 (2) None 
(3) Unbound 
(4) Unbound except as indicated in 
Horizontal Co mmitments.      WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1
 Page 45Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
Sector or sub-sector Limitations on market access Limitation on nationa l treatment Additional 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. 
 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. (1) None 
(2) None (3) None 
 
  
 
  
 
 
 
  
 
  
 
(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, on ly 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   WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
Page 46 Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
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    WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1
 Page 47Modes of supply:   (1)  Cross-border supply   (2)  Consumption abroad   (3)  Commercial presence   (4) Presence of natural pers ons 
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.  
  WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
Page 48 LIST OF ARTICLE II EXEMPTIONS FOR 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. 
  WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
 Page 49 
 
 
 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 another supplier, where specific commitments are undertaken.  WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
Page 50  
 
  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. 
 
 The reasons for the denial of a licence will be  made known to the applicant upon request.  WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
 Page 51 
 
 
  
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.  WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
Page 52  
 
    
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 applicable to the schedu ling 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
9, 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 ce llular or mobile services as a 
separate subsector. However,  a number of Memb ers 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 appropr iate for Members to maintain separate entries for these subsectors. 
                                                     
 
     9Including all types of cable.  WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
 Page 53 
 
 
  
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 Members' 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 fu ture 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. 
  
 
 WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
Page 54  
 
  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. Busi ness format franchising 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.
  WT/ACC/SPEC/CHN/1/Rev.8/Add.2/Rev.1 
 Page 55 
 
 
 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.    
__________