WT/TPR/M/402/Add.1  
18 February 2021  
(21-1375) Page: 1/56 
Trade Policy Review Body  
15 and 17 December 2020  Original: English/Spanish  
anglais/espagnol  
inglés/español   
 
  
TRADE POLICY REVIEW  
MACAO, CHINA 
MINUTES  OF THE MEETING  
Addendum  
Chairperson: H.E. Mr. Harald Aspelund (Iceland)  
This document contains the advance written questions  and additional questions by WTO 
Members , and replies provided by  Macao, China .1 
 
Organe d'examen des politiques commerciales  
15 et 17 décembre  2020  
EXAMEN DES POLITIQUES COMMERCIALES  
MACAO, CHINE 
COMPTE RENDU DE LA REUNION  
Addendum  
Président : S.E.  M. Harald Aspelund (Islande)  
Le présent document contient les questions écrites communiquées à l'avance par les 
Membres de l'OMC, leurs questions additionnelles, et les réponses  fournies par  Macao, Chine .1 
 
Órgano de Examen de las Políticas Comerciales  
15 y 17 de diciembre  de 2020  
EXAMEN DE LAS POLÍTICAS COMERCIALES  
MACAO, CHINA 
ACTA DE LA REUNIÓN  
Addendum  
Presidente: Excmo.  Sr. Harald Aspelund (Islandia)  
En el presente documento figuran las preguntas presentadas anticipadamente por escrito  y 
las preguntas adicionales de los Miembros de la OMC,  así como las respues tas facilitadas por  
Macao,  China .1 
 
 
 
 
1 In English and Spanish only./En anglais et espagnol seulement./En inglés y español solamente . WT/TPR/M/ 402/Add.1  
 
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Contents  
CANADA  ................................ ................................ ................................ ..........................  3 
CANADA - FOLLOW UP QUESTIONS  ................................ ................................ ...............  11 
CHINA  ................................ ................................ ................................ ...........................  12 
SINGAPORE  ................................ ................................ ................................ ...................  14 
REPUBLIC OF KOREA  ................................ ................................ ................................ ..... 16 
EUROPEAN UNION  ................................ ................................ ................................ ........  18 
HONG KONG, CHINA  ................................ ................................ ................................ ...... 35 
JAPAN  ................................ ................................ ................................ ...........................  37 
THAILAND  ................................ ................................ ................................ .....................  41 
THAILAND – 2ND SET OF QUESTIONS ................................ ................................ .............  43 
RUSSIAN FEDERATION  ................................ ................................ ................................ .. 46 
PERU  ................................ ................................ ................................ .............................  51 
ICELAND  ................................ ................................ ................................ .......................  53 
UNITED STATES  ................................ ................................ ................................ ............  55 
 
 
 
  WT/TPR/M/ 402/Add.1  
 
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CANADA  
REPORT BY THE SECRETARIAT  - WT/TPR/S/402  
3.  TRADE POLICIES AND PRACTICES BY MEASURE  
Page 50, Table 3.2  
Table 3.2 notes that the import of "arms and ammunitions " as well as "accessories and parts thereof " 
require an import licen se from the Public Security Police Force.  
Question  
1. Could Macao , China  please provide details of its import licensing requirements for these types 
of goods and/or links to the relevant laws and regulations?  
Reply  
On the application for the import of arms and ammunitions as well as accessories and parts thereof, 
an import per mit and an import licen se issued by the Public Security Police Force are required in 
accordance with law; an applicant is required to hold a Licen se of Commercial Establishment for 
Arms and Ammunitions Trade as well as fill in application forms and provide  the relevant information 
regarding the import items in accordance with law for vetting.  
Legal basis for import/export requirements:  
1.  Articles 8 and 11 of the Arms and Ammunitions Regulation approved by Decree -Law 
No. 77/99/M of 8 November, as amended b y Administrative Regulation No. 27/2018;  
2. Chief Executive 's Decision No. 487/2016;  
3. Paragraphs 4 and 5 of Article 9 of Law No. 7/2003 (Foreign Trade Law), as amended  by 
Law No.  3/2016;  
4. Article 7 of Administrative Regulation No. 28/2003 (Regulation on Foreign Trade 
Operations), as amended by Administrative Regulation No. 19/2016 . 
Page 54, Table 3.4  
Table 3.4 notes that the export of "arms and ammunition; parts and accessories thereof " requires a 
license from the Public Security Police For ce.  
Question  
2. Could Macao , China  please provide details of its export licensing requirements for these types 
of goods and/or links to the relevant laws and regulations?  
Reply  
On the application for the export of arms and ammunitions as well as accessories and parts thereof, 
an export permit and an export licen se issued by the Public Security Police Force are required in 
accordance with law; an applicant is required to hold a Licen se of Commercial Establishment for 
Arms and Ammunitions Trade as well as fill in application forms and provide the relevant information 
regarding the export items in accordance with law for vetting.  
Legal basis for import/export requirements:  
1. Articles 8 and 11 of the Arms and Ammunitions Regulation approved by Decree -Law 
No. 77/99/M of 8 November, as amended by Administrative Regulation No. 27/2018;  WT/TPR/M/ 402/Add.1  
 
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2. Chief Executive 's Decision No. 487/2016;  
3. Paragraphs 4 and 5 of Article 9 of Law No. 7/2003 (Foreign Trade Law) as amended  by 
Law No.  3/2016;  
4. Article 7 of Administrative Regula tion No. 28/2003 (Regulation on Foreign Trade 
Operations), as amended by Admini strative Regulation No. 19/2016 . 
Page 68, Paragraph 3.86  
During the review period, Macao, China made 14 notifications to the SPS Committee, most of which 
related to food standar ds.  
Question  
3. Does Macao, China have any planned sanitary and phytosanitary regulatory initiatives that 
will impact Canadian exports of agriculture, forestry, or aquatic products?  
Reply  
Sanitary and phytosanitary regulations and measures in Macao, China are designed to  safeguard  
public health and ensure food safety. In general, all measures are implemented taking into account 
international standards, recommendations, guidelines, and reference other regulations from relevant 
countries and are applied where and when appro priate.  
Page 70, Paragraph 3.95  
The report notes that "A survey of judicial practice of Macao, China's courts in enforcing competition 
provisions under the Commercial Code found that this practice is scarce, and is mostly limited to 
acts of unfair competit ion, such as imitation of trademarks. " 
Question  
4. Does Macao, China have plans to improve the judicial enforcement of competition provisions?  
Reply  
The Commercial Code and certain sector -specific regulations together provide a legal framework to 
protect com petition in Macao, China. While the society in general is aware of this framework, 
Macao,  China will continue to step up the promotional efforts to further enhance the society 's 
understanding of the framework.  
Question  
5. What additional measures will be put in place to ensure fair competition in the Macao, China 
economy?  
Reply  
Concerning that unfair commercial practice may harm the economic interests of consumers, 
Macao,  China has set up inter -departmental task forces and conducted price surveys to monitor the 
pricing of certain necessity products, such as food and petroleum, across retailers and make 
available such information to the public on a regular basis, so as to ensure the fair pricing of and 
enhance the price transparency of those products.  
Page 73, Paragraph 3.109  
The report notes that "The requirement of prior consultation may be waived altogether in the 
circumstances specified by the Law, for example, in cases involving internal or external public 
security. " WT/TPR/M/ 402/Add.1  
 
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Question  
6. Could more details be provided with regard  to the circumstances under which prior 
consultation may be waived?  
Reply  
In accordance with Decree -Law No. 122/84/M (purchases of goods and services), consultation can 
be waived in cases of, for example, the supplier has statutory excl usive rights or the procurement 
is a supplement to an existing contract, or due to specific characteristics of goods and services which 
make the supplier becomes irreplaceable, to name a few.  
Page 74, Paragraph 3.114  
The report notes that "In 2019, only 3% of the DSF procurement contracts were awarded to foreign 
suppliers. This represented 13.1% of the value of goods and services centrally procured by the DSF, 
a decline from 19.4% in 2013 (Table 3.20). According to the authorities, these figures may 
under -represent the share of foreign suppliers in government procurement, as foreign companies 
registered with the DSF are considered as local companies (regardless of whether they are locally 
incorporated), and the country of origin is not recorded. " 
Ques tion 
7. What are the primary reasons for the decrease in procurement  contracts awarded to foreign 
suppliers between 2013 and 2019?  
Reply  
The participation of foreign suppliers in Macao, China 's government procurement might not be fully 
reflected by data, sinc e they can participate in the procurement by means of establishing a business 
in Macao, China. For taxation purposes, these established businesses need to register at the Financial 
Services Bureau.  After registration, these companies are regarded as local companies and are 
allowed to submit tenders freely in government procurement tenders. These foreign suppliers 
provide services in Macao, China through a commercial presence which is established locally but  
may remain under foreign ownership or control.  
Page 78, Footnote 110  
The report notes that "the Cooperation Agreement, between Macao, China's Economic Service 
Bureau and China's State Intellectual Property Office (SIPO), appointed the SIPO (now the CNIPA) 
as the substantive examination entity for patents submitted to the Macao, China intellectual property 
office. This Agreement was initially valid for five years and has been renewed three time since then; 
the most recent renewal was in 2018 for another five years. " 
Question  
8. In the event of a patent  dispute or questions surrounding the administration of a patent, would 
an IP rights holder bring the issue before CNIPA or Macao, China 's Economic Service Bureau?  
Reply  
When a patent application is still pending, the opposition should be filed at the Maca o Economic 
Bureau. Once a patent is granted, if there is any dispute or question surrounding the administration 
of the patent, the patent holder should appeal before the Court of First Instance of Macao, China. 
The applicants of patent or patent holders ca nnot bring the issues before the CNIPA.  WT/TPR/M/ 402/Add.1  
 
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Page 82 , Paragraph  3.160  
In terms of IP enforcement, the report states "misappropriation of a copyrighted work is punishable 
by imprisonment of up to two years or a fine of up to 240 days ( of personal income ) if the work is 
published, or of up to three years or a fine of up to 360 days if it is unpublished. " [emphasis added ] 
Question  
9. Can Macao, China provide information on how it came to structure fines for copyright 
misappropriation around personal income?  
Reply  
According to CHAPTER III of Decree -Law No. 43/99/M , as revised by Law No. 5/2012, copyright 
misappropriation is a criminal offence  subject to imprisonment or fines . The calculation of the amount 
of fines is  prescribed in the second paragraph  of Article 45 of the Penal  Code, approved by 
Decree -Law No. 58/95/M , as follows : 
"The amount of a day -fine is between MOP  50 and MOP  10,000, which is determined by the Court 
taking into account of the financial situation and personal burden of the convict. " 
Question  
10. Does the personal income metric only apply in instances of copyright enforcement, or is it 
used for industrial properties as well?  
Reply  
According to the second paragraph of Article 45 of the Penal Code, as approved by Decree -Law 
No. 58/95/M, "The amount of a day -fine is between MOP  50 and MOP  10,000, which is determined 
by the Court taking into account the financial situation and personal burden of the convict. " The 
above calculation of fines is also applicable to criminal offences prescribed under the Industrial 
Property Code, approved by Decree -Law No. 97/99/M, and the Regime of Copyright and Related 
Rights, approved by Decree -Law No. 43/99/M and revised by Law No. 5/2012.  
4.  TRADE POLICIES BY SECTOR  
Page 87 , Paragraph  4.13 
The report notes that the Office for the Development of the Energy Sector (GDSE) has a stated goal 
that at least 40% of the imported electricity from China must stem from clean sources.  
Question  
11. Does Macao, China have an anticipated time -frame  in which it hopes to achieve this goal?  
Reply  
Presently, the portion of electric energy imported from the Mainland of China that is generated from 
clean sources has surpassed 40%.  
Page 88 , Paragraph  4.17 
The report notes that "the liquid fuel sector is a mainly unregulated market in Macau, China ", and 
that "the Government only maintains regulation over issues such as safety and consumer 
protection ". Furthermore, "no concessionary companies enjoy exclusive rights of importing and 
distributing oil and gas ". WT/TPR/M/ 402/Add.1  
 
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Question  
12. Does Macao, China have any plans to assess competition in the liquid fuel sector and the 
operating environ ment for the fuel companies  to ensure that these markets are performing 
efficiently, thereby providing consumers with liquid products that are competitively priced?  
Reply 
On the front of ensuring competition in the liquid fuel sector, the numbers of market  players and 
fuel stations have increased over the past few years. Meanwhile, the MSAR Government strives to 
improve transparency by regularly publicizing price s of petroleum products, namely, motor gasoline, 
liquefied petroleum gas, unleaded gasoline and low sulfur diesel on the government website to allow 
consumers to have a full picture o f the price s of petroleum products rendered by different suppliers.  
In addition,  Macao, China has set up an inter-departmental task force  to ensure that petroleum 
product prices in Macao, China are in line with the global trend. According to the price information 
collected, petroleum product prices in Macao, China ha ve remained in line with global prices in recent 
years.  
REPORT BY MACAO, CH INA - WT/TPR/G/402  
4.  TRADE AND INVESTMENT POLICIES  
Page 8 , Paragraph  4.11 
The report notes that "the import licensing regime for petroleum products has been implemented 
since February 2015. " 
Question  
13. Has Macao, China assessed the impact of this licensing system on the prices of fuel and gas 
products for consumers?  
Reply 
With the implementation of the import licensing regime, liquid fuel  companies are urged to provide 
information on import prices, which helps getting accurate information of the mo vements of local 
import prices.  The data provided by the companies shows that the local price trend of liquid fuel 
products remained in line with the global price trend. To improve the transparency of prices of fuel 
and gas products, the government publish es statistics on import prices, retail prices and various 
discounts offered by each liquid fuel  company on a regular basis to facilitate consumers to make 
choices.  
Page 10, Paragraph 4.24  
The report notes that "The MSAR Government is in the course of refor ming the government 
procurement regime in order to ensure its compliance with international standards and cope with 
the development of the economy. With this objective, a specific task force was set up with the 
release of the Document for Consultation of t he Public Procurement Law in November 2018 and a 
public consultation of 60 days initiated simultaneously. The revision covered several aspects, for 
instance, transparency, types of procurement procedures, thresholds and special requisites for the 
types of procedures to be selected, introduction of e -procurement and so on. The opinions collected 
during the consultation process have been circulated in June 2019 under the Consolidated Report of 
the Consultation on Government Procurement, and will serve as refe rences for the MSAR 
Government in devising a new government procurement law. " 
Question  
14. What are the next steps for the MSAR Government  in devising a new procurement law? Is 
there a timeline in place?  WT/TPR/M/ 402/Add.1  
 
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Reply 
Macao, China is formulating a new "Public Procurement Law " with the aim of refining the current 
government procurement legal regime with clearer and better regulated procurement proced ures. 
Apart from the inclusion of principle regulations that fits the current social and economic 
development, it is also ensured that the procurement procedures provided in the new "Public 
Procurement Law " will comply with the international standards. Mac ao, China has set up a task force 
which has proposed several legislative recommendations. On this basis, a public consultation was 
conducted between November 2018 and January 2019, and an intra -governmental consultation was 
conducted in the first half of 2 020 to gather opinions and suggestions from public authorities and 
organizations on their experiences of government procurement. The MSAR Government will take 
into account the opinions and suggestions of the general public and public authorities for drafti ng 
the "Public Procurement Law " in order to further refine its content, so that it will better meet the 
expectations of the society and the actual operational needs of public authorities.  The bill is currently 
under redrafting and will proceed with the leg islative procedures in 2021.  
Page 11 , Paragraph  4.30 
In its report, Macao, China notes that the "roles of SMEs in terms of employment, innovation and 
contribution to moderate economic diversification are crucial to the sustain able development of the 
MSAR. " 
Question  
15. How are SMEs (MSMEs) defined for the purposes of statistical and policy analysis?  
Reply 
Being a small economy, SMEs take up an important role in Macao , China 's economy despite that 
they are relatively small in terms of capital, employment a nd business scale. For the purpose of 
policy formulation, enterprises that employ no more than 100 persons  are categorized as SMEs in 
Macao, China.  
Question  
16. Please provide any readily available statistics on the role of SMEs in Macao , China 's economy 
and participation in international trade: (i) total number of SMEs in Macao , China ; 
(ii) percentage of businesses that are SMEs; (iii) employment profile of SMEs, e.g. percentage 
of total employment generated by SMEs; (iv) contribution of SMEs to gross domesti c product; 
and (v)  export and imports by SMEs, e.g. percentage of all exports and imports for SMEs, 
total number of SMEs that are exporting and importing.  
Reply 
As of the second quarter of 2020, there are 41,493 enterprises  in Macao, China  that come under the 
umbrella of SMEs, which represents 99.1% of businesses and makes  a significant contribution to 
local employment. Although the contribution of SMEs to GDP is not measured, their contribution to 
the development and sustainability of the economy could be easily noticed from the ir presence in 
different business sectors  as well as in international trade .  
Question  
17. Does Macao , China  collect statistics on SME ownership by diverse groups (e.g., women, youth, 
etc.)?  If so, please provide this in formation.  
Reply 
Despite the fact that the government does not register the personal details of the owners of 
enterprises in Macao, China for statistical purpose, the MSAR Government relentlessly supports 
entrepreneurship in the economy through the impleme ntation of  various aid scheme. Among them, 
the Young Entrepreneurs Aid Scheme is dedicated  to assist ing local youth with entrepreneur ial WT/TPR/M/ 402/Add.1  
 
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aspirations by providing them interest -free loan with a cap on MOP  300,000 and a repayment period 
up to eight years. In deed, all the assistance schemes provided by the government do not 
differentiate applicants by gender . According to our record, about 43% of the approved cases under 
the Young Entrepreneurs Aid Scheme are women entrepreneurs, which best indicate s that youn g 
women show certain enthusiasm in the context of entrepreneurship.  
Question  
18. Does Macao , China  include provisions in in its Regional Trade Agreements in support of SMEs 
in cross -border trade, e.g. cooperation, investment?  If so, please provide an overview of these 
provisions.  
Reply 
The Mainland and Macao Closer Economic Partnership Arrangement (CEPA) covers Trade in Goods, 
Trade in Services and Economic and Technical Cooperation. CEPA opens up  a huge market for 
products and services of Macao,  China  and greatly supports SMEs in cross -border trade with the 
Mainland of China.  
Except for goods that are prohibited from being import ed into the Mainland of China, all goods of 
Macao , China  origin enjo y zero -tariff treatment when export ed to the Mainland of China, thus 
significantly enhancing the competitiveness  of Macao , China 's SMEs. Besides, Macao , China 's SMEs 
that have obtained Macao Service Supplier Certificates enjoy preferential treatment in ent ering the 
market of the Mainland of China  in various service sectors. In addition, the Agreement on Economic 
and Technical Cooperation has a chapter dedicated to  cooperation in SMEs , under which measures 
such as  visits, exchanges and establishment of data and information interconnection  will be adopted 
with a view  to support ing the development and cooperation among SMEs of the two places.  
Page 14 , Paragraph  5.15 
The Macao Special Administrative Region (MSAR) is developing its financial services market. To 
promote the development of financial leasing services, MSAR noted that two laws were approved by 
the Legislative Assembly that aim to simplify the requirements and encourage the setting up of 
financial leasing companies in the MSAR.   
Question  
19. Would MSAR please explain the rationale of promoting financial leasing companies given the 
small size of MSAR 's economy?  
Reply 
The MSAR Government aims to develop financial services, such as financial leasing business, for 
expanding the contribution of the financial se ctor to the economy, as part of its economic 
diversification strategy.  
Given the importance of SMEs in the MSAR, financial leasing would be able to provide them a 
financing alternative with easier access than bank financing.  
Despite having a r elatively small economic size, the MSAR has positioned itself as a commercial and 
trade cooperation service platform between  China and Portuguese -speaking countries (PSCs) and 
will capitalize on this positioning  in the context  of the Guangdong -Hong Kong -Macao Greater Bay 
Area development and the "Belt and Road " Initiative. Some PSCs and "Belt and Road " countries may 
have relatively higher market demand potentials for Macao, China to develop its cross -border 
financial leasing businesses.   
The MSAR has a number of institutional strengths in developing financial leasing, such as "One 
Country, Two Systems ", market economy, free port, free flows of capital, regional economic 
cooperation agreements and frameworks as well as enriched Chinese an d Portuguese culture. In 
addition, it has a set of laws supporting financial leasing businesses and some tax -related incentives.  WT/TPR/M/ 402/Add.1  
 
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Cross -border and domestic financial leasing businesses, together with their funding business, will be 
simultaneously targeted an d developed. Given a larger demand potential outside the MSAR than 
that inside the MSAR, cross -border businesses will serve as a primary support to the financial leasing 
development.  
  WT/TPR/M/ 402/Add.1  
 
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CANADA  - FOLLOW UP  QUESTIONS  
REPORT BY THE SECRETARIAT  - WT/TPR/S/402  
Page 82, Paragraph 3.160  
In terms of IP enforcement, the report states "misappropriation of a copyrighted work is punishable 
by imprisonment of up to two years or a fine of up to 240 days (of personal income) if the work is 
published, or of up to three yea rs or a fine of up to 360 days if it is unpublished."  
Question   
9. Can Macao, China  provide information on how it came to structure fines for copyright 
misappropriation around personal income?  
Reply  
According to CHAPTER III of Decree -Law No. 43/99/M, as revised by Law N o. 5/2012, copyright 
misappropriation is a criminal offence subject t o imprisonment or fines. The calculation of the amount 
of fines is prescribed in the second paragraph of Article 45 of the Penal Code, approved by Decree 
Law No. 58/95/M, as follows:  
"The amount of a day -fine is between MOP  50 and MOP  10,000, which is determined by the Court 
taking into account of the financial situation and personal burden of the convict."  
Canada  - Follow up  
Can Macao, China clarify how personal income would be determined with respect to corporate 
entities?  
Reply  
Article 10 of the Penal Code provides that "unless otherwise specified, only natural persons are liable 
to criminal liability ". Therefore, a legal person who has committed copyright infringement is not 
liable to criminal liability.  
According to Article 202  of the Regime of Copyright and Related Rights, approved by Decree -Law 
No. 43/99/M and amended by Law No. 5/2012, "with respect to the fines, indemnities and other 
payments to which offenders are condemned for infringements provided for in this Decree -Law, legal 
persons shall be jointly liable where offenders acted in their name and in the collective interest ". 
The liability referred to in this provision is administrative or civil liability and does not include criminal 
liability.  
Even so, in accordance wit h Article 203 of the Regime of Copyright and Related Rights, approved by 
Decree -Law No. 43/99/M and amended by Law No. 5/2012, a person who committed an offence in 
the name of a legal person or its collective interest may be imposed accessory penalties, in cluding 
temporary closure of establishments, permanent closure of establishments or publication of the 
sentence. Accessory penalties may even be imposed concurrently.  
Regarding the administrative liability of a legal person, in the violation of Article 215  of the Regime 
of Copyright and Related Rights, approved by Decree -Law No. 43/99/M and amended by Law 
No. 5/2012, a fine ranging from MOP  10,000 to MOP  500,000 will be imposed in accordance with 
the provision on the act.  
 
 
  WT/TPR/M/ 402/Add.1  
 
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CHINA  
REPORT BY THE SECRETARIAT  - WT/TPR/S/402  
Page 44, Paragraph 3.4  
"All imported products entering into Macao, China are subject to a document check for the 
verification of permits and declarations; physical checks (e.g. any samples for analysis) are carried 
out randomly by Customs officers at the checkpoints."  
Question  
1. Please brief us on the specific procedure and time limit for the document check and physical 
check of imported products . 
Reply 
Customs declaration procedures are as follows:  
1. The business operator submits valid declaration documents to the customs statio n for 
customs declaration;  
2. The customs officer checks the information provided in the declaration documents, 
consistency between the manifest and the quantity of the goods, the effective dates of 
the declaration documents, and whether the goods require any quarantine;  
3. If the goods need to be quarantined, they will be quarantined by the Municipal Affairs 
Bureau before going through customs clearance procedures;  
4. The customs station will conduct a sample inspection of the goods based on the risk 
asses sment; if the customs officer finds that illegal goods or goods fail to meet the 
declared content during the inspection, the customs will initiate prosecution procedures;  
5. When the submitted customs declaration documents are verified and the goods passed  
the inspection, the customs officer will sign the declaration document to complete the 
customs clearance procedures.  
According to the current performance pledge of the Macao Customs Service, under normal 
circumstances, customs officers will complete the e xport/import/transit declaration procedures 
within four minutes. The amount of time required for cargo inspection cannot be provided since it 
varies depending on the quantities and types of the goods inspected.  
REPORT BY MACAO, CHINA - WT/TPR/G/402  
Page 3 , Paragraph  2.3 
"In respect of acceptance of new initiatives, Macao, China completed the ratification of the 
Agreement on Trade Facilitation (TFA) in 2016 with all facilitating measures therein duly 
implemented on 13 November 2019."  
Question  
2. Please elaborat e the measures on trade facilitation that have been taken by Macao, China. 
Since the COVID -19 outbreak in January 2020, has Macao, China taken any measures on 
trade facilitation related to the response to the pandemic? If so, please specify.  
Reply 
Measures taken by Macao, China to promote trade facilitation since the last review mainly include: 
ratification of the World Trade Organization's Trade Facilitation Agreement (TFA), strengthening of WT/TPR/M/ 402/Add.1  
 
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the IT -based customs clearance system, and simplification  of the customs procedures for goods 
under the CEPA between the Mainland of China and Macao, China.  
In the context of the TFA, Macao, China has implemented all of the provisions contained in Section  I 
of the TFA, reflecting its high level of commitment to trade facilitation. In addition, Macao, China 
launched the e -Customs Services Web System and a mobile application in 2013 and 2016 
respectively to provide online customs clearance and license application services, allowing users to 
complete customs procedu res more quickly and conveniently. Macao, China is also continuously 
optimizing the Electronic Data Interchange (EDI) system so that the license applications and 
approvals, as well as lodging of declaration applications can be completed electronically.  
It is noteworthy that during the period under review, Macao, China signed several agreements to 
promote trade facilitation, including the Cooperation Memorandum between the (China) General 
Administration of Customs and the Macao SAR Government on Origin of Tr anshipment Cargo in 
Macao SAR under Free Trade Agreements and the Agreement on Trade in Goods of the Closer 
Economic Partnership Arrangement (CEPA) between the Mainland of China and Macao, China. The 
Customs of the Mainland of China and of Macao, China als o simplified the customs clearance 
procedures for goods covered by the Economic Cooperation Framework Agreement (ECFA). These 
agreements further facilitate the customs clearance of goods between Macao, China and the regions 
concerned.  
As local manufacturer s have progressively established production lines for personal protective 
equipment (PPE) such as alcohol -based hand sanitizers and surgical masks to cope with the huge 
local demand, the MSAR government has adopted measures to facilitate the importation of  raw 
materials and equipment for the smooth production of PPE. In addition, special measures have been 
taken to prioritize the processing, inspection, and release of imported PPE to ensure their prompt 
entry into the local market.  
Page 9 , Paragraph  4.16 
"The MSAR Government maintains no restrictions on the setting up of foreign companies with their 
presence easily found in different sectors of the economy, for instance, telecommunications, 
electricity, water supply, public transport, banking and insurance, building and constructions, 
gaming, hotels and retailing. Thus, foreign investment contributes to the economic development of 
Macao, China by bringing in not only capital but also state -of-the-art technology and management 
skills."  
Question  
3. Please brief us  on the foreign investment attracted to Macao, China in recent years.  
Reply 
According to the Direct Investment Statistics released by the Macao Statistics and Census Service 
(DSEC), inward direct investment flows between 2017 and 2019 were mainly concentrated in the 
gaming sector, reaching USD 7.3 billion, and accounted for 75.6% of the total inward direct 
investment flows, followed by banks & other financial activities (USD 2 .1 billion), insurance sector 
(USD 551 million) and wholesale & retail se ctor (USD 331 million).  
  WT/TPR/M/ 402/Add.1  
 
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SINGAPORE  
REPORT BY THE SECRETARIAT  - WT/TPR/S/402  
2.3.3  Bilateral agreements  
Page 39 , Paragraph  2.29 
Question  
1. We note that under the CEPA, a single window connectivity is being developed as well as the 
exchange of electronic cargo data. We would like to understand what is the current status of 
the Single Window Connectivity and whether it will only be applicable t o trade with China? We 
would also like to seek clarity on the types of data that is classified as electronic cargo data 
and how this ties in with the Electronic Data Interchange (EDI) system?  
Reply 
Single Window connectivity is applicable to trade between the Mainland of China and Macao, China 
under CEPA. It is currently under exploration with the aim to facilitate customs declarations by 
converting and exchanging export and import data for the ease of rapid and efficient declaration 
process. Electronic car go data exchange is currently being studied jointly by the Mainland of China 
and Macao, China for feasibility. Through electronic applications for declaration s and  licenses 
(including import, export and transit) and cargo manifest, traders and port operato rs can tie in their 
electronic cargo data with the Electronic Data Interchange (EDI) system.  
3  TRADE POLICIES AND PRACTICES BY MEASURE  
Page 44 , Paragraph  3.1.1 & Page 46 , Paragraph  3.9 
Question  
2. We note that the Macao Government has continued to improve the Electronic Data Interchange 
(EDI) System. With the enhanced EDI, may we clarify that paperless clearance (no physical 
documents required during clearance) is for all forms of imports and exports?  
Reply 
Basically, paperless clearance services co ver all forms of import and export, except for those under 
a transit declaration or licen se, and import of goods subject to the Kimberley Process Certification 
Scheme and CITES.  
Page 45 , Paragraph  3.9 
Question  
3. We note that following the ratification of the  WTO Trade Facilitation Agreement (TFA), 
Macao,  China had undertaken the enhancement of an IT -based customs clearance system. 
Would Macao, China be able to share the enhancements that have been made to the clearance 
system?  
Reply 
E-Customs Service has been extended to more categories of goods over the years. In the 
third quarter of 2020, the utilization of e -Customs Service has siz eably reached 48% of our total 
external trade. Other value -added services, such as SPS inspection appointment, application for 
Kimberley Process Certificate and mobile application for e -Declaration have also been developed for 
traders in order to promote th e utilization of e -Customs Service. In addition, the IT -based customs 
clearance system - "Easy Clearance " (for land cargo transport) was launched by the Macao Customs 
Service in November 2019. By binding licen se plate number with cargo manifest in advance,  risk WT/TPR/M/ 402/Add.1  
 
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assessment is able to be done automatically. Low -risk cargo will be released without intervention 
while high -risk cargo will be inspected by using non -intrusive scanning technology. By the end of 
2020, "Easy Clearance " will be further extended to air  cargo and sea cargo transport.  
REPORT BY MACAO, CHINA - WT/TPR/G/402  
4.3.1   Customs procedures  
Page 8 , Paragraph  4.3.1  
Question  
4. We wish to enquire which part of the requirements under the Agreement on Trade Facilitation 
of the WTO is not fulfilled through  the Electronic Data Interchange (EDI)?  
Reply 
Macao, China has implemented Paragraph 4 of Article 10 (Single Window) of the Agreement on 
Trade Facilitation (TFA) of the WTO on 13 November 2019. Therefore, Macao, China has now 
implemented all of the provisions contained in Section I of the TFA. Furthermore, in order to 
accommodate the implementation of Single Window, we have also enhanced the EDI system 
accordingly to comply with the requirements of the agreement.  
  WT/TPR/M/ 402/Add.1  
 
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REPUBLIC OF  KOREA  
REPORT BY THE SECRETARIAT  - WT/TPR/S/402  
Page 41 , Paragraph  2.46 
The ultimate goal  is to transform the GBA into a dynamic economic hub and a world -class megapolis 
by 2035, building upon the respective comparative advantages of the parties involved. The 
GBA Development Plan, published in February 2019, sets out the development focus of e ach 
participating city, identifies clusters of industries with growth potential, and establishes 
complementary cooperation measures. In this context, the specific goals of Macao, China are: to 
consolidate its development as "One Centre, One Platform" (i.e.  a global tourism and leisure centre, 
and a commercial and trade cooperation service platform between China and the PSCs); to establish 
an exchange and cooperation base where Chinese culture is mainstream, and other cultures coexist; 
and to foster economic  diversification. Specifically, Macao, China will concentrate on building a 
tourism education base, fostering the development of traditional Chinese medicines; and 
constructing a platform for financial services, including a Renminbi clearing centre for PSC s. 
Question  
1. Regarding the GBA Development Plan, Macao, China takes the position that it will promote 
cooperation with other countries. However, foreign companies still have difficulties 
participating in construction or engineering projects for infrastructu res that Macao , China has 
ordered publicly. Does Macao, China have any plan to further facilitate the participation from 
foreign companies?  
Reply 
All public constructions or works of the MSAR Government agencies must follow the current 
procurement law, including that  on public tender. The procuring entities have to treat all bidders 
equally , local or foreign alike . For the construction or engineering projects of the infrastructures in 
Macao, China, they are opened to all qualified companies which have regis tered in Macao, China. 
The application procedures are simple and convenient. For those projects with high technological 
requirements, an oversea tendering could be considered.  
REPORT BY MACAO, CHINA - WT/TPR/G/402  
Page 7, Paragraph  4.2 
CEPA is a comprehensive free trade agreement that covers Trade in Goods, Trade in Services, 
Investment, as well as Economic and Technical Cooperation. Under CEPA, the Mainland of China 
agrees to apply zero tariffs to all goods originated from Macao, China upon fulfilment of the CEPA 
rules of origin starting from January 2006, except for goods that are prohibited from importation 
into the Mainland of China with the level of customs clearance facilitation being further enhanced. 
On Trade in Services, the Main land of China has fully or partially opened up 153 sub -sectors to 
Macao, China, accounting for 95.6% of the service sub -sectors under the W/120 Services 
Classification of the WTO. On Investment, the two sides have committed to offering an 
internationally h igh level of investment protection in conformity with the principle of "One Country, 
Two Systems", with market access commitments expanded to non -service sectors. On Economic 
and Technical Cooperation, the two sides agreed to strengthen cooperation in 14 k ey 
areas, such as tourism, convention and exhibition, traditional Chinese medicine (TCM), 
finance, innovation and technology, SMEs, intellectual property rights as well as 
promoting economic and trade cooperation  under the "Belt and Road" Initiative and ot her 
sub-regional cooperation programs.  
Question  
2. Regarding the Economic and Technical Cooperation under CEPA between Macao, China and 
the Mainland of China, participation from foreign companies has been remarkably low. What 
is Macao's view on this, and does Macao, China have any plan to further promote the 
participation from foreign companies?  WT/TPR/M/ 402/Add.1  
 
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Reply 
According to the "Agreement on Economic and Technical Cooperation " under CEPA, Macao, China 
continues to promote foreign participation through holding differ ent international conventions and 
exhibitions. For example, the International Infrastructure Investment and Construction Forum 
(IIICF) serves as a platform to explore business opportunities and cooperation with "Belt and Road " 
Initiative participating coun tries and Portuguese -speaking countries and has successfully attracted 
over 70 countries and regions to participate in 2019. The 8th Macao International Travel (Industry) 
Expo (MITE), which was held in November 2020, attracted 188 hosted buyers from the Ma inland of 
China and 120 online international hosted buyers and professional buyers to participate. Other 
events like the Macao International Environmental Co -operation Forum and Exhibition (MIECF) and 
the Macao International Trade and Investment Fair (MIF)  can also serve as a bridge for exchange 
and cooperation among industry delegates.  
In the future, Macao, China will continue to hold these events, to serve as an international platform 
in exploring business opportunities and cooperation, as well as facili tating insightful exchange s 
among investors and entrepreneurs from Macao, China and other participating countries/regions in 
the rest of world.  
  WT/TPR/M/ 402/Add.1  
 
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EUROPEAN UNION  
REPORT BY THE SECRETARIAT  - WT/TPR/S/402  
1.1  Main  Features of the Economy  
Page 13 , Paragraph 1.13  
"The authorities are conscious of the economy's great dependence on a single industry. In this 
respect, the first Five -Year Development Plan (2016 -20), issued in 2016, contains the main elements 
of its econo mic policy, and provides the roadmap toward economic diversification."  
Question  
1. With regard to Macao, China's Five -Year Development Plan (2016 -2020) and economic 
diversification strategy, the EU would like to know if Macao, China is preparing the next 
five-year plan and if it would be able to share  more information  on the main orientations. In 
addition, would Macao, China be able to share the most recent statistics with regard to 
progress toward economic diversification?  
Reply 
With the Macao, China 's First Five -Year Development Plan coming to an end in December 2020, the 
MSAR Government is collecting statistics on the implementation of the First Five -Year Development 
Plan and other aspects of the economy, thereon providing a scientific base for drawing up the 
Second  Five-Year Development Plan.  
With the MSAR Government 's strenuous effort in nurturing the emerging industries to support the 
diversification of the economy, the emerging industries, herewith refer to as financial activities, 
MICE, cultural ind ustries and Tradition Chinese Medicine have been growing in recent years.  
Value -added of emerging industries at current producers ' prices and percentage share in GDP 
(million MOP)  
Economic activity  2015  2016  2017  2018  
Financial activities  22,198  
(6.23%)  24,407  
(6.85%)  25,766  
(6.48%)  28,896  
(6.61%)  
MICE sector  1,365  
(0.38%)  1,981  
(0.56%)  3,096  
(0.78%)  3,522  
(0.81%)  
Cultural industries  2,063  
(0.58%)  2,225  
(0.62%)  2,367  
(0.60%)  2,597  
(0.59%)  
Chinese medicine sector  256 
(0.07%)  243 
(0.07%)  330 
(0.08%)  319 
(0.07%)  
Source:  Analysis Report of Statistical Indicator System for Moderate Economic Diversification of Macao 2018, 
Statistics and Census Services, p.  151. 
From the above table, it can be seen that the MICE sector has expanded by 158% from 20 15 to 
2018, and the average growth of financial activities reached 9.2%, which outpaced the growth of 
the gaming sector during the same period, which is 8.90%. Seeing the potential in these emerging 
industries, the MSAR Government will continue to support their growth through appropriate policies 
and cooperation with the neighbouring regions, especially the cooperation with Hengqin and the 
Greater Bay Area.  
In addition, the Macao SAR Government has developed a set of multi -dimensional statistical 
indicator s, which aims to provide a reference for the public to observe the progress of economic 
diversification in Macao , China  from different perspectives, and to propose further discussions and 
suggestions on the strategy and direction of moderate economic diver sification. These indicators are 
contained in the Analysis Report of Statistical Indicator System for Moderate Economic Diversification 
of Macao , China  (Viewed at: https://www.dsec.gov.mo/ en-US/Home/Publication/SIED ) and the 
2019 report is expected to be released soon.  WT/TPR/M/ 402/Add.1  
 
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1.2.2  Fiscal policy  
Page 20 , Paragraph 1.23  
"The Policy Address for the Fiscal Year 2020, the authorities highlighted that the Government would 
implement a proactive fiscal policy and implement a series of relief measures in response to the 
COVID -19 pandemic. The package of fiscal and other measures  introduced to partly offset the 
negative effects of COVID -19 on the economic activity amount to an estimated MOP 52.6 billion or 
12.1% of (2019) GDP."  
Question  
2. The EU would like to know if the government of Macao, China intends to increase, maintain or 
scale down its support to the economy in the coming months?  
Reply 
In times of the COVID -19 pandemic this year, the MSAR Government provides a number of 
anti-pande mic measures, which include consumption subsidies to all eligible residents for local 
consumption, special subsidies for local employees, subsidies to enterprises as well as hawkers, 
taxi-drivers and so on. These measures seek to help the economy to mainta in vitality during the 
economic downturn brought about by urgent public health issue.  
To accelerate recovery of the local economy, the MSAR Government has proposed to increase 
investments in infrastructure. In addition, welfare and livelihood expenditures would not be affected 
by the Government 's austerity measures, and the MSAR Government shall maintain the standing 
benefit measures that provide tax relief and subsidies to various sectors of the economy, for 
instance, the Wealth Partaking Scheme, healthcar e vouchers, subsidies on electricity and water 
supply, subsidies to the less -privileged groups, hoping to secure the wellbeing of our residents 
through both good and bad times.  
In the meantime, the MSAR Government will continue to watch closely the pandemic and economic 
situation in order to cautiously assess the needs for implementing further anti -epidemic measures 
in the future.  
Question  
3. More broadly, the EU would like to know whether Macao, China could provide more information 
on the main orientation of its fiscal policy in the next fiscal year in a context of economic 
downturn and deteriorating fiscal position. Also, is Macao, China in a position to share updated 
figures with regard to : (i) public deficit in this fiscal year; (ii) expected fiscal position for the 
upcoming fiscal year; and (iii) current and forecasted amount of the fiscal reserves?  
Reply 
The overall direction of the MSAR Government policy for 2021 would mainly cover: epidemic 
prevention and control; revitalising the economy; caring for people 's livelihoods; promoting 
economic diversification; facilitating administrative reform and pursuing innovative development.  
To accelerate recovery of the local economy, the MSAR Government has proposed to increase 
investments in infrastructure, including implementing the construction of transport infrastructure 
such as the Light Rapid Transit (LRT) East Line, the LRT Hengqin Port Connection, and the 
fourth  Macao -Taipa cross -harbour route.  
A number of welfare measures will also be continued in 2021. They include: the Wealth Partaking 
Scheme; personal income tax waiver and deduction initiatives; a property tax waiver; water and 
electricity tariff subsidies for residential and el igible non -residential users; a healthcare voucher 
scheme; and subsidies for disadvantaged families.  
As at the end of September 2020, total budget revenue is MOP  115.5 billion, which has already 
included capital injection from Fiscal Reserves with the amou nt of MOP  42.6 billion, while total WT/TPR/M/ 402/Add.1  
 
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budget expenditure is MOP  114.6 billion. As a result budget balance is MOP  828.9 million. Regarding 
the proposed budget of 2021, injection from Fiscal Reserves will be expected in order meet the total 
expenditure of the MSAR Government.  
As far as Fiscal Reserve is concerned, as at the end of September 2020, the Fiscal Reserve amounted 
to MOP  604.8 billion, of which the Basic Reserve stood at MOP  164.5 billion and the Excess Reserve 
reached MOP  440.3 billion. The Fiscal Reserve assets have been allocated to bonds, equity -related 
investments and money -market instruments across the globe. The increased volatilities in global 
financial markets make the forecast of the return on the Fiscal Reserve ex tremely difficult. In the 
first nine month of 2020, the Fiscal Reserve recorded an annualized return of 3.6%.  
1.3.1.1  Merchandise trade  
Page 27 , Paragraph 1.36  
"Imports of manufactures accounted for the largest share of merchandise imports during the rev iew 
period. The composition of imports is relatively diversified: in 2019, the largest components were 
machinery and electrical machines, with 14.1% of the total, compared with 19.4% in 2012, followed 
by chemicals (13.7% in 2019); prepared food, beverages and tobacco (10.5%); and precious stones 
and metals (9.8%) (Chart 1.3 and Table A1.1)."  
Question  
4. The EU would like to know whether Macao, China could disclose the type of trade and/or 
sub-categories of trade under in the following imports categories: machi nery and electrical 
machines; chemicals; and prepared food, beverages and tobacco imports. In addition, can 
Macao, China explain the purpose of these trades (what share is re -exported, what share goes 
to the local market etc.) ? 
Reply 
In general, the import of machinery and electrical machines are mainly for the purpose of tourism -
related construction, chemicals are mainly for manufacturing use, and prepared food, beverage and 
tobacco imports are mostly for local consumption. Only a small portion of th e abovementioned 
imported goods are for re -exports, which are mainly related to luxury goods.  
Page 27 , Paragraph 1.38  
"The main markets for merchandise exports continue to be Hong Kong, China; and China (Chart 1.4, 
Table A1.4). The share of exports going t o Hong Kong, China rose sharply during the review period, 
consolidating its position as the top destination for Macao, China's merchandise exports; this share 
reached 60.0% of the total in 2019, up from 39.7% in 2012."  
Question  
5. The EU would like to know whether Macao, China can confirm that the exports to 
Hong Kong, China  largely consist of re -exports and provide details on the origins and (if 
available) final destinations of these exports?  
Reply 
In 2019, re -exports accounted for 87.1% of Macao , China 's total exports to Hong Kong,  China, and 
as the table below shows, the top three origins of merchandise re -exports to Hong Kong , China  were 
the Mainland of China, Switzerland and Italy. The final destination of re -exported goods, however, 
shall be su bject to importers in the importing country or region, which is beyond the scope of the 
trade information available in Macao, China.  WT/TPR/M/ 402/Add.1  
 
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Ranking  Countries/territories of origin  Share (%)  
  Total re -exports to Hong Kong , China     100.0  
1 The Mainland of  China      36.4  
2 Switzerland      17.1  
3 Italy     13.5  
4 France      9.2  
5 Republic of Korea      6.2  
6 United Kingdom      5.6  
7 United States      3.8  
8 Hong Kong , China      1.8  
9 Netherlands      1.2  
  Others      5.2  
Source of data:  External merchandise trade statistics . 
1.3.1.2  Trade in services  
Page 28 , Paragraph 1.40  
"As noted above, Macao, China runs a very large services balance surplus, which in 2019 totalled 
USD 38.5 billion, and was equivalent to 71.4% of GDP. Services expor ts reached USD 43.2 billion in 
2019, and accounted for 96.0% of Macao, China's total exports of goods and services. Travel 
exports, which includes gaming exports and tourism, reached USD 39.7 billion, and accounted for 
92% of total exports of services (Tab le 1.8). This amount is some 10.3% higher than the value of 
exports in 2012 but is well below the USD 43.1 billion peak recorded in 2013. In 2015 and 2016, 
travel exports suffered a sharp decline, linked with lower gaming revenues; revenue started 
increasi ng again in 2017 and, particularly, 2018, but declined somewhat in 2019. Exports of financial 
services reached USD 1,445 million in 2019, almost triple their 2012 level. Transportation is the 
third-largest services export sector with USD 660 million in 201 9." 
Question  
6. In light of Macao, China's economic strategy of developing itself into a financial hub, the EU 
would like to know whether Macao China could provide more information on the type, nature 
and destination of the exports of financial services. For instance, what are the links with 
gaming or with trading of goods (trade financing)?  
Reply 
Exports of financial services can be further broken down into "explicitly charged and other financial 
services " and "financial intermediation indirectly measured " (FISIM). In 2019, most of exports of 
financial services are related to the banking sector, comprising mainly the exports of financial 
services related to external loans and deposits. The main destinations of exports of financial services 
were the  Mainland of China and Hong Kong, China.  
2.3.3  Bilateral agreements  
Page 38 , Paragraph 2.25  
"Since the last Review, Macao, China has been engaged in the continuous updating and 
implementation of the Closer Economic Partnership Arrangement (CEPA) with Ma inland China. In 
addition, it concluded a free trade agreement with Hong Kong, China (Section 2.3.3.2)."  
Question  
7. The EU would like to know whether Macao, China can identify priority areas and/or countries 
for future bilateral agreement negotiations and i f there are currently agreements under 
negotiation.  WT/TPR/M/ 402/Add.1  
 
- 22 - 
 
Reply 
As an integral part of the economic diversifying strategy, the MSAR Government has been striving 
to deepening regional and international cooperation, increasing ties with Portuguese -speaking 
countries, and actively participating in the development of the "Belt and Road" initiative and the 
Guangdong -Hong Kong -Macao Greater Bay Area. At the same time, Macao, China is open to 
establishing more regional partnerships and welcome s all parties to participate in its regional 
cooperation plans under the principles of economic complementarity and mutual benefit.  
2.3.3.1  Closer Economic Partnership Arrangement with Mainland China (CEPA)  
Page 39 , Paragraph 2.30  
"From the inception of the CEPA until end -May 2020, the Macao Economic Bureau (DSE) received 
6,475 applications for CEPA certificates of origin, and issued 6,349 such certificates, of which 
5,627  were used to export goods to China, including: cement, textiles and clothing produc ts, yarn, 
plastic bags, recordable compact discs, printing ink, food and beverages, refined copper foil, electric 
conductors, chemicals, footwear, recycled plastics, cosmetic products, monocarboxylic fatty acids, 
and fibreglass cloth. In that period, merch andise exports to China totalled MOP 1,076 million, 
representing a tariff saving of MOP 73 million."  
Question  
8. The EU would like to know whether Macao, China can elaborate on why just 33% of the 
domestic exports to China actually received zero -tariff treatment under the CEPA? This is 
despite the Agreement on Trade in Goods providing for the full liberalization of M ainland 
China's market for goods originating in Macao, China (rules of origin for over 8,000 tariff lines, 
essentially covering China's entire Tariff).  
Reply 
The scope of Trade in Goods under CEPA has been progressively broadening since the inception of 
CEPA. Following the entry into force of the CEPA Agreement on Trade in Goods in 2019, the rules of 
origin for over 8,000 products have been established. Manufacturers, however, need to adjust their 
production processes and methods in order to enjoy the zero -tariff treatments. In fact, the utilization 
of CEPA has started to grow since 2019, and is expected to grow further in the future.  
Page 40 , Paragraph 2.34  
"The DSE is responsible for issuing Macao, China service supplier certificates, which have a validity 
of two years and are non -transferrable and non -renewable. From the introduction of the CEPA to 
end-May 2020, the DSE issued a total of 817 service supplie rs' certificates. These included suppliers 
from the following sectors: transport and logistics; convention and exhibition; management 
consulting; construction; distribution; telecommunications; legal services; advertising, sales and 
marketing; real estate;  audiovisual; travel agencies; medical and dental; trademarks agencies; 
printing and publishing; R&D in natural sciences; banks and other financial services; services 
auxiliary to insurance; hotels and restaurants; passenger transportation; and educational  services. 
With the revision of the Agreement on Trade in Services, which broadens the liberalization of trade 
in services between Mainland China and Macao, China, and the development of the Guangdong -
Hong Kong -Macao Grater Bay Area, the authorities expect  that the use of service suppliers' 
certificates will increase."  
Question  
9. The EU would like to know whether Macao, China can provide more details regarding the 
number of certificates issued to foreign and EU companies and in which sector of activity?  
Reply 
Generally speaking, natural persons and juridical persons can enjoy CEPA benefits provided that 
they fulfil the definition as stipulated in Annex 3 to the CEPA Agreement on Trade in Services. A WT/TPR/M/ 402/Add.1  
 
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natural person refers to a permanent resident of the Macao S pecial Administrative Region, whereas 
a juridical person means any company registered pursuant to the Commercial Code, the Commercial 
Registration Code or other relevant laws of Macao, China, that has engaged in substantive business 
operations in Macao , China for at least three  to five years (which varies by services to services 
sectors).  
At present, we have not received applications from foreign and EU companies. Nevertheless, we are 
open to and welcome any foreign companies that meet the requirements to become Macao service 
suppliers and develop their businesses in the Mainland of China through application for Macao Service 
Supplier Certificates.  
Page 40 , Paragraph 2.36  
"The Investment Agreement, signed on 18 December 2017 between China an d Macao, China, is a 
subsidiary agreement to the CEPA, and contains new commitments. It covers the admission, 
protection and promotion of investment between the two parties. Under this Agreement, China 
improved market access by opening up non -service secto rs to Macao, China's investors, through the 
use of a negative list. The Agreement also introduces provisions on investment protection, such as 
compensation for expropriation, and a mechanism to settle investment disputes between investors 
and host governme nts, including through consultation, notification and coordination, mediation, and 
judicial means."  
Question  
10. The EU would like to know whether Macao, China can explain if, and under which condition, 
foreign companies can benefit from the measures of the I nvestment Agreement to invest in 
China from Macao, China.  
Reply 
Through the CEPA Investment Agreement, the Mainland of China has committed to offering 
Macao , China 's enterprises an internationally high level of investment protection, with market access 
commitments expanded to non -services sectors. Any foreign companies that can meet the definition 
of a "Macao enterprise " in the Agreement and invest in the Mainland of China can enjoy the national 
treatment for non -services sectors in accordance with the provisions of the Agreement. In the 
meantime, their investment will be fully protected by the Agreement.  
2.3.3.3  Cooperation arrangements in the region  
Page 41 , Parag raph 2.46  
"The ultimate goal is to transform the GBA into a dynamic economic hub and a world -class megapolis 
by 2035, building upon the respective comparative advantages of the parties involved. The GBA 
Development Plan, published in February 2019, sets ou t the development focus of each participating 
city, identifies clusters of industries with growth potential, and establishes complementary 
cooperation measures. In this context, the specific goals of Macao, China are: to consolidate its 
development as "One  Centre, One Platform" (i.e. a global tourism and leisure centre, and a 
commercial and trade cooperation service platform between China and the PSCs); to establish an 
exchange and cooperation base where Chinese culture is mainstream, and other cultures coe xist; 
and to foster economic diversification. Specifically, Macao, China will concentrate on building a 
tourism education base, fostering the development of traditional Chinese medicines; and 
constructing a platform for financial services, including a Renm inbi clearing centre for PSCs."  
Question  
11. The EU would like to know whether Macao, China could provide more details on the latest 
main developments with regard to  cooperation with Mainland China under the GBA and with 
regard to promoting Macao , China's role in the GBA? Details of measures implemented are 
welcome.  WT/TPR/M/ 402/Add.1  
 
- 24 - 
 
Reply 
Playing an important role as one of the four core engines for regional development in the GBA, 
Macao, China is actively implementing measures to promote cross -border and regional trade and 
investment.  
The CEPA Agreement on Trade in Goods, as well as the Agreement Concerning Amendment to the 
CEPA Agreement on Trade in Services have further enhanced t he level of liberalization of goods and 
services sectors. The continuously simplified customs clearance procedures and the implementation 
of express clearance for cross -border land transportation of goods can effectively speed up the flow 
of goods, curtail  the transportation time of goods and enhance the competitiveness of industries.  
The Agreement Concerning Amendment to the CEPA Agreement on Trade in Services implemented 
on 1 June 2020 proposes further services liberalization measures that will be impleme nted on a pilot 
basis in the GBA for enterprises of Macao, China, covering sectors including finance, law, taxation 
services, education, construction engineering and tourism. This allows enterprises of Macao, China 
to enter the market of the Mainland of Ch ina in a more open investment environment. Since 2020, 
the GBA has significantly accelerated its pace of opening up the service sector to Macao , China 's 
enterprises. The levels of liberalization in many service sectors such as construction and engineering,  
tourism and medical services have been greatly increased. A number of measures have been 
implemented to allow professionals to practice in the Mainland of China after completion of training, 
certification or registration without the need to take national examinations. As a result, it has become 
easier for service suppliers and professionals of Macao, China to set up enterprises and pursue 
business development in the Mainland of China.  
3  TRADE  POLICIES AND PRACTICES BY MEASURE  
3.1  Measures Directly Affecting Imports  
3.1.1  Customs procedures, valuation, and requirements  
Page 45 , Paragraph 3.6  
"The temporary admission procedure is regulated by the Foreign Trade Law. Goods imported under 
the temporary admission regime are eligible for tax -free treatment. During the period under review, 
the ATA carnet (in use since 2010) was incorporated as the official instrument for the temporary 
admission of goods into Macao, China and their subsequent r e-export.10 ATA carnets are issued by 
the World Trade Centre Macao under the guarantee of the Macao Chamber of Commerce; goods 
covered by ATA carnets include exhibitions, commercial samples, and professional equipment.11 
A security, equivalent to 100% of t he value of the goods plus a further 10% of that amount, is 
required; it can take the form of cash (maximum MOP 10,000), bank cheque, or bank guarantee. 
Securities must be valid for a minimum of 33 months from the date of issue of the ATA carnet. 
Temporary  admission is limited to a period of six months and can only be extended once for 
exceptional cases."  
Question  
12. The EU would like to know whether Macao, China can further explain the purpose of such a 
regime; the type of trades concerned; and the reason be hind the requirement to provide a 
security?  
Reply 
The purpose of the ATA carnet is to simplify and unify declaration formalities. ATA carnets allow the 
use of a single document for multiple countries and multiple visits. It also cuts costs to holder by 
eliminating duties and taxes. The goods covered by ATA carnet include commercial samples, 
professional equipment and goods intended for display or use at international exhibitions, trade 
shows or similar events.  
In accordance with the second paragraph of Art icle 10 of Law No. 7/2003 of Foreign Trade Law and 
related law regulations, the business operator can submit ATA carnet instead of the Customs WT/TPR/M/ 402/Add.1  
 
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declaration documents. When goods are transported in or out, the customs officer must verify the 
information cont ained in the form, and file it or deliver it to the related entity.  
According to the ATA carnet system, a security deposit or bank guarantee is required for an ATA 
carnet to cover any customs claims or cost that might result from a misused ATA carnet 
(https://www.atacarnet.com/faq -page). 
Page 45 , Paragraph 3.7  
"Goods declared as in transit require transit declarations and/or transit licences if they are listed in 
Tables A (goods requiring an export licence) or B (goods requiring an import licence) of Ch ief 
Executive Decision No. 487/201613 in order to be allowed to be presented to Customs for 
clearance.14 Only licensed freight -forwarders are allowed to carry out transit activities, regardless 
of whether the imports are processed through transit declarati ons and/or transit licences.15 Goods 
processed by using a transit declaration form can remain in transit for a period of six months, which 
may exceptionally extended once by another six months. Goods processed by using a transit licence 
may remain in trans it for 10 days only; this period is not extendable. Goods in transit subject to 
SPS-related control or quarantine must be controlled/quarantined by the IAM, and the relevant 
documents of quarantine must be presented before transhipment. Goods in transit mu st not be 
opened or repackaged without authorization from the Macao Customs Service."  
Question  
13. The EU would like to know whether Macao, China can further explain the difference between 
the transit declaration and transit licence and the reasons for having  different transit times?  
Reply 
As regards the types of transit document, a transit declaration is required for the transit of general 
commodities, while a transit license is used for transit of goods covered by specific law, such as 
rough diamond by Law No. 15/2019, CITES species by Law  No. 2/2017, and goods listed in Table A 
or B of the Chief Executive Decision No. 487/2016 under Article 9 of the Foreign Trade Law. Due to 
the different supervision level of goods covered by transit declaration and license, difference transit 
times are al so regulated. Pursuant to Article 15 of Section III of Foreign Trade Law:  
1. For the goods requiring transit declaration, the period between the entry and exit of 
Macao , China  cannot exceed 180 days, counting from the date of entry. In exceptional 
cases, Maca o Customs Service may extend the period, referred to in the previous 
paragraph, for 180  days once only.  
2. For the goods requiring transit license, the period between the entry and exit of 
Macao , China  cannot exceed 10 days, counting from the date of entry.  
3.1.4  Tariffs  
Page 48 , Paragraph 3.21 (See also Paragraphs 10 & 3.20)  
Macao, China's latest certified WTO -bound schedule of tariff concessions is in the HS 2012 
nomenclature.37 It has bound only 30.5% of its tariff lines in the WTO, all at a zero rate. While all 
agricultural lines are bound, only 19.2% of non -agricultural tariff lines are bound. Within the 
non-agricultural product group, the binding coverage varies, according to the product group: 
example, 55.5% of tariff lines corresponding to lea ther, rubber, and footwear are bound, while all 
lines relative to petroleum products remain unbound38 (Chart 3.1). The absence of bindings for 
nearly 70% of total tariff lines is in contrast with Macao, China's practice of having all applied rates 
at zero,  and creates uncertainty for traders.  
Question  
14. The EU would like to know if – in order to provide more certainty to traders and strengthen 
the role of Macao, China as a trading platform – Macao, China considers bounding more tariff 
lines in the WTO?  WT/TPR/M/ 402/Add.1  
 
- 26 - 
 
Reply 
Macao, China remains  support ive to  the WTO's initiative to further lower the tariff level in global 
trade, including joining the Pharmaceutical Agreement and the Information Technology Agreement 
in 1997 with commitments to  bind the tariffs on all products covered by the said agreements  to zero . 
Furthermore, Macao, China  also follow the arrangements to bind the pertaining tariff lines to zero 
during the expansion of the product coverage of the two plurilateral agreements in 2001,  2007, 
2010 and 2016. The Basic Law also grants the MSAR the status of a free port, stipulat ing that no 
customs duties are levied unless otherwise provided by law. Therefore, regardless of the scope of 
tariff binding coverage, Macao, China will strive to p ursue the free port policy and will not impose 
any tariffs on all imported and exported goods.  
3.3.1.2.2 Financial incentives and other forms of assistance  
Page 60 , Paragraph 3.62   
"Given the significant contribution of SMEs to the domestic economy and em ployment, promoting 
their development and competitiveness constitutes a long -term government policy. Support to SMEs 
is provided through three instruments: the SME Aid Scheme, the SME Credit Guarantee Scheme, 
and the SME Credit Guarantee Scheme Designated for Special Projects. All three Schemes were 
modified during the period under review to expand their scope. To be eligible under any of these 
Schemes, an individual entrepreneur or an enterprise must meet the following requirements: be 
registered at the Fi nancial Services Bureau as a tax contributor with no outstanding liabilities; have 
less than 100 employees working in Macao, China; and more than 50% of the business's capital 
must be held by residents of Macao, China ." 
Question  
15. The EU would like to know whether Macao, China could define the term "residents" with 
relation to these schemes. Under which condition foreigners leaving/working/doing business 
in Macao,  China are considered residents for these schemes?  
Reply 
Under the three financial supporti ng schemes for the SMEs in Macao, China, namely the SME Aid 
Scheme, the SME Credit Guarantee Scheme, and the SME Credit Guarantee Scheme Designated for 
Special Projects, applicants must fulfill the requirements stipulated in relevant Administrative 
Regulat ions. In this context, a "resident " eligible for the SME schemes is an individual who possesses 
either a MSAR permanent identity card or a MSAR non -permanent identity card issued by the 
Identification Services Bureau of the MSAR Government. Foreigners hold ing non -resident working 
permits are allowed to stay and work in Macao, China, but they are not eligible for the mentioned 
SME schemes.  
3.3.2  Standards and other technical requirements  
Page 63 , Paragraph 3.71  
"There are no specific procedures to develop technical regulations. However, when a product 
becomes subject to a licensing requirement, the corresponding standard becomes mandatory and, 
therefore, it becomes a technical regulation. According to the authorities, these technical regulations 
are always based on international standards, as Macao, China does not develop its own standards, 
but resorts to adopting international or overseas standards, where appropriate. In addition, 
Macao,  China recognized a series of product safety standards from China and o verseas under 
Administrative Regulation No. 17/2008. During the review period, Macao, China made 
12 notifications to the WTO under the TBT Agreement, all in September 2019 (Table 3.13) ."  
Question  
16. During the review period, Macao, China made 12 notifications to the WTO under the 
TBT Agreement, all in September 2019 (Table 3.13).63 They refer to vehicle emissions, used 
motor vehicles, pollutants in gasoline, pharmaceuticals, tobacco products, heaters, packaging, WT/TPR/M/ 402/Add.1  
 
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lights, and domestic appliances. Al l these technical regulations were in place at the date they 
were notified; some of them had been in force for several years. In this respect, the authorities 
mentioned that this was due to human resource constraints, and that they would make an 
effort to fulfil their notification obligations in a timely manner.  
The EU would welcome information on specifically which measures were by Macao, China. It 
is not clear why Macao, China notifies only when it adopts international standards and thus 
technical barrier s to trade cannot arise.  
Reply 
In order to facilitate a smooth and convenient trading environment for further trade growth, 
Macao,  China has been referencing relevant international standards when formulating its own 
technical regulations in the hope that i ts trading partners can adapt more easily to Macao, China's 
technical regulatory requirements.  
3.3.3  Sanitary and phytosanitary requirements  
Page 67 , Paragraph 3.84  
"The importation of the products listed above requires an import licence, an import declaration, and 
a valid sanitary certificate(s) issued by the competent authorities of the exporting country/region. 
The importer must also be registered in the IAM's Import Registry. Importers of these products must 
apply electronically or in person to t he IAM for SPS inspection at least one working day prior to the 
arrival of the goods at the border."  
Question  
17. Why has  Macao, China introduced an import -licensing regime when the import conditions to 
be fulfilled on SPS are already included in the relevant sanitary certificates, which accompany 
the commodities? It could be an additional and unnecessary burdensome procedur e.  
Reply  
The conduct of foreign trade business requires compliance with Macao, China regulatory framework 
for customs procedures, in which the Macao Customs Service is responsible for implementing and 
verifying compliance at the border, including the impo rt license and declaration system. 
Furthermore, in order to protect human, animal and plant life or health, in addition to the 
above -mentioned customs procedure requirements, importers must comply with sanitary and 
phytosanitary measures when importing goo ds related to SPS -related scope, and the Municipal 
Affairs Bureau will also engage in the border controls.  
Question  
18. Can Macao , China  please explain the rationale and objective of an import licen ce for products 
that have to  fulfil specific sanitary and phytosanitary import conditions? What is the risk to be 
managed by such a licensing system?  
Reply  
Import licensing/Declaration regime is a customs procedure which applies to import operations of 
all kind of commodities.  Accord ing to the commodity category when proceeding to border clearance, 
related agencies should be engaged in border controls, i.e. commodity in SPS -related scope, the 
Municipal Affairs Bureau will engage in SPS inspection while Macao Customs Service will carry  out 
their control checks in order to conclude the customs clearance.  
Licensing/Declaration system as part of the customs procedures in Macao, China regulatory 
framework allows different agencies to manage the relevant risks from adequate and appropriate 
controls when it is applicable.  WT/TPR/M/ 402/Add.1  
 
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Page 69 , Paragraph 3.92  
"As at June 2020, Macao China, maintained two active SPS measures which had the effect of 
prohibiting imports (Table 3.17). These measures are deemed to be temporary, although they have 
been in place for several years. These measures were notified to the WTO. Macao, China does not 
have an automatic mechanism of revision of SPS measures. The authorities noted that these 
measures are reviewed as needed and to ensure compliance."  
Question  
19. It appears that the BSE ban does not identify any specific country as subject to the measures. 
Conversely, the ban appears to be revoked to the UK. Do those measures comply with the 
international standards (OIE)? Are the EU Member States (except UK) covere d by those 
measures? What mechanism is followed by Macao, China to revise those measures?  
Reply  
The Chief Executive Decision No. 341/2007 is an active SPS measure which refer s to BSE -related 
products and it does not intend to identify any specific country , it provides a mechanism in response 
to BSE -related issues at the trade level operations.  The application of this measure complies with 
the O.I.E. recommendations.  
The execution of this SPS measure may affect the import of BSE -related products by tighteni ng or 
relaxing the SPS inspection at border control.  
At the present moment, there are no EU Members States subjected to the application of this 
measure.  
Macao, China will closely monitor international developments on the application of standards and 
recomm endations on animal disease in public health and food safety concerns, in particular changes 
at OIE standards and evaluate periodically the actual Macao, China SPS measures in order to 
consider the appropriate time for carry out its review and update proce ss. 
Page 70 , Paragraph 3.93  
"In February 2019, the prohibition to import poultry products from avian -flu-affected Asian 
countries, contained in Chief Executive Decision No. 7/2004, was removed by Chief Executive 
Decision No. 16/2019."  
Question  
20. Does Macao, China apply the regionalisation principles in case of detection of animal diseases 
outbreaks in the EU Member States in accordance with the international standards (OIE)?  
Reply  
The Municipal Affairs Bureau applies SPS measures complying with t he O.I.E. recommendations on 
international trade, of which including the principles of regionalization on animal disease where 
applicable.  
Page 70 , Paragraph 3.94  
"Macao, China has not yet adopted a comprehensive competition law, nor does it have a dedicated 
competition enforcement agency. Provisions aimed at fostering competition, discouraging unfair 
business practices, and protecting consumer interests are scattere d throughout the Commercial 
Code and sector -specific regulations. The authorities consider that these provisions are currently 
adequate and appropriate, given the small scale of the local economy and the prevalence of SMEs. 
Nevertheless, in order to furthe r strengthen consumer's rights and protect fair competition, the 
existing Consumer Protection Law was revised; the revision is currently under consideration by the 
Legislative Assembly."  WT/TPR/M/ 402/Add.1  
 
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Question  
21. The EU would like to know whether Macao, China is consideri ng implementing a 
comprehensive competition law and/or establishing a dedicated competition enforcement 
agency? In addition, can Macao, China share any details on the timeline and content of the 
revision under consideration by the Legislative Assembly?  
Reply 
Macao, China currently exercises regulation with the Commercial Code and sector -specific 
regulations. The Commercial Code prohibits any agreement or practice that violates competition 
regulations or restricts competition, and stipulates that the injured  party has the right to file a lawsuit 
at court to stop unfair competition practice, eliminate relevant effects and claim compensation. 
Meanwhile, certain sectors, e.g. gaming services, financial services, telecommunications services, 
etc. have been regula ted by relevant sector -specific supervisory legislation. These legislations 
contribute to the construction of an economic environment featuring fair competition in 
Macao,  China.  
Apart from that, the Consumer Protection Law is currently under revision to further enhance 
consumer rights and protect fair competition. At present, the revision of the law has got general 
approval from the Legislative Assembly, which is now conducting de tail review over the bill.  
3.3.6  Government procurement  
"Macao, China is not a signatory to the WTO Government Procurement Agreement (GPA), nor an 
observer to the relevant committee. Nevertheless, the authorities indicated that their procurement 
procedur es and disciplines are consistent with international standards."  
Question  
22. The EU would like to know whether Macao, China is considering joining the WTO GPA? Such a 
decision would be mutually beneficial to Macao, China and contractors. The on -going review 
of the Macao, China procurement regime could provide for a great opportunity to join the GPA.  
Reply  
The MSAR Government has been committed to maintaining a government procurement legal regime 
that is sound and transparent, protects fair competition and ac hieves good governance. The legal 
regime is mainly consisted of three pieces of legislation, including: (1) the Legal System of 
Expenditure on Government Procurement Related to Goods, Services and Public Works, as approved 
by Decree -Law No. 122/84/M of 25 December and revised by Decree -Law No. 30/89/M of 15  May; 
(2) the Tendering Procedures of Acquisition of Goods and Services, as approved by Decree -Law 
No. 63/85/M of 6 July; (3) the Contracting Regime of Public Works, as approved by Decree -Law 
No. 74/99/M of 8 November.  
Although Macao, China is not a party to the GPA for the time being, it is now formulating a new 
"Public Procurement Law " with the aim of refining the current government procurement legal regime 
with clearer and better regulated procu rement procedures. Apart from the inclusion of principle 
regulations that fits the current social and economic development; it is also ensured that the 
procurement procedures provided in the new "Public Procurement Law " will comply with the 
international s tandards.  
Page 72 , Paragraph 3.107  
"The above legal framework did not change fundamentally since the last Review, and has been in 
place for many years. However, the Government is working on a new bill, with the aim of simplifying, 
updating and enhancing t he government procurement regime. A task force, set up to prepare the 
draft of the new law, formulated a number of suggestions for legislative review, on the basis of which 
a public consultation was held (November 2018 through January 2019). As at mid -2020, the Public 
Procurement Law was being redrafted, in light of the comments received from the public 
consultation, before submission to the legislative procedure."  WT/TPR/M/ 402/Add.1  
 
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Question  
23. The EU would like to know whether Macao, China is able to share more information on  the 
redrafting process of the Public Procurement Law and legislative procedure – including 
orientation of the reform and timeline.  
Reply  
In view of the fact that  Macao, China is in the course of formulating a new "Public Procurement Law ", 
a task force has been set up and has proposed several legislative recommendations. On this basis, 
a public consultation was conducted between November 2018 and January 2019, and an 
intra-governmental consultation was conducted in the first half of 2020 to gather opinions and 
suggestions from public authorities and organizations on their experiences of government 
procurement. The MSAR Government will take into account the opinions and suggestions of the 
general public and public authorities for drafting the "Public Procurement Law " in order to further 
refine its content, so that it will better meet the expectations of the society and the actual operational 
needs of public authoritie s. The bill is currently under redrafting and will proceed with the legislative 
procedures in 2021 . 
Page 73 , Paragraph 3.110  
"The use of limited tender with pre -qualification may be determined by the Chief Executive when: 
(i) in the case of goods and servi ces, the estimated value of the contract exceeds MOP 7.5 million 
or the contract involves special technology; and (ii) in the case of public works, the estimated value 
of the contract exceeds MOP 15 million or the works are complex or exceptional in nature  (i.e. they 
must be carried out in very special circumstances, in a particularly short time -period, or involve new 
designs or specialized construction methods). Data on the share of open tender and limited tender 
in total public procurement are not availab le." 
Question  
24. The EU would like to know whether Macao, China can explain what general rules apply to 
tenders with pre -qualification and in particular under which conditions contractors, including 
foreign contractors, can tender. Are they requirements for local presence of contractors or 
previous local experience required?  
Reply  
In case of projects that need to fulfill  very complex and particular requirements, as well as to be 
completed in an exceptionally short period of time, tenders with pre -qualification will be used, which 
are chosen from companies or contractors registered in the official list in Macao, China. The  required 
qualifications depend on the type of project, and generally speaking, company experiences, 
technological skills and local experiences will also be considered. Furthermore, in case of projects 
with high technological requirements, an oversea tende r could be considered and foreign technical 
regulations or experiences could also be considered.  
Page 73 , Paragraph 3.112  
"Under the procedures for the procurement of public works (Decree -Law No. 74/99/M), only 
contractors registered in the Official List o f Public Works Contractors of the Land, Public Works and 
Transport Bureau ( Direcção dos Serviços de Solos, Obras Públicas e Transportes  (DSSOPT)) are 
admitted as tenderers. Regarding contractors not established in Macao, China, and not registered in 
the Of ficial List of Public Works Contractors  …" 
Question  
25. The EU would like to know whether Macao, China could explain more in details the requirement 
and criteria for registration in the official list? In particular, are they requirements for some 
local presence and/or past local experience when it comes to fore ign contractors?  WT/TPR/M/ 402/Add.1  
 
- 31 - 
 
Reply  
Following are the requirements for the registration in the official list:  
- Completed registration form which can be downloaded from DSSOPT website;  
- Identity card photocopy of all the company partners;  
- Commercial registration ce rtificate of the company;  
- List of technical staff of the company;  
- Certificate from the Finance Services Bureau that proof there is no tax liability to the 
Macao SAR Government;  
- Record of the past activities of the company;  
- Declaration that the company will observe all laws and regulations concerning on 
construction issues of the Macao SAR Government.  
Question  
26. More broadly, could Macao, China provide an overview of : (i) the conditions under which 
external contractors can participate into tenders within Macao, China; (ii) what type of tenders 
they have access to , etc.  
Reply  
Public tender with or over a determined amount, foreign contractors are entitled to participate 
(oversea public tender is a decision of Chief Executive of the Macao SAR Governm ent). Foreign 
contractors must submit document to proof their registration in the Official List of Public Works 
Contractors of their own country or proof that there is a same kind of registration in their own 
country.  
In case of foreign contractors unable  to satisfy those requirements, application for the equivalent 
registration is required, with the following documents : 
- Description of the available equipment and specialized manpower that will be used;  
- Record of experience in the identical kind of publ ic and private projects, as well as 
certificate of participation issued by the owners of the projects;  
- Document that proof their finance and economy capacity;  
- Declaration that they will observe the local legislation, as well as only to observe the 
local jurisdiction.  
3.3.6.2  Procedures  
Page 75 , Paragraph 3.120  
"The contract for the procurement of goods and services must be awarded to the best offer in terms 
of price and/or of the time for the provision of such goods and services. The contract for the 
execution of public works must be awarded to the offer that best guarantees the appropriate 
technical execution of the project, factoring in the price, the time for the execution of the works, 
and the profitability. However, no general provision expres sly prevents the procuring entity from 
indicating in the tender documents that bidders may be called for negotiation before the award of 
the contract. " WT/TPR/M/ 402/Add.1  
 
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Question  
27. The EU would like to know whether Macao, China can explain if other criteria than the are 
taken  into account as well and what are they (for instance quality; environmental impact 
etc.)? Is the best price the priority criteria?  
Reply  
Procurement contracts must be awarded in accordance with the criteria stipulated by law. However, 
the laws related to government procurement also stipulate that the procurement contracts can be 
awarded under other criteria. The procuring entity may add evaluation factors that can improve the 
quality of supply depending on the individual and specific procurement  items, which may include 
environmental and socio -economic considerations. In short, for Macao, China 's government 
procurement, price is one of the important considerations, but not necessarily the most important 
one, as other criteria may also be taken in to account with a view to achieving cost -effectiveness, 
wise use of public funds and value for money.  
3.3.7  Intellectual property rights  
3.3.7.2  Industrial property  
Page 77 , Paragraph 3.130  
"The main legislation with respect to industrial property is contained in the Industrial Property Code, 
enacted by Decree -Law No. 97/99/M, which entered into force on 6 June 2000. The Code covers all 
IPRs dependent upon registration, i.e. trademarks; patents (including invention patents and utility 
paten ts); topography maps of semiconductor products; industrial designs and models; and names 
and logos (emblems) of business establishments. The authorities indicated that the Industrial 
Property Code is currently being reviewed with a view to introducing amen dments."  
Question  
28. Could Macao, China share more details on orientation and timeline of the review?  
Reply  
The amendment of the Industrial Property Code will refine the existing application and registration 
systems of various industrial properties in Macao,  China by streamlining administrative procedures 
and application materials.  Moreover, the introduction of more electronic services will also be 
considered in the amendment.  
Macao, China will keep close watch on the latest global industrial property develo pments to ensure 
that the amendment will not only be in line with new developments in the international setting, but 
also maintains an environment that favours creativity and business.  
The amendment of the Industrial Property Code is still being studied. A t this stage, a timeline for 
the completion of the review has not been set.  
3.3.7.2.1  Patents  
Page 77 , Paragraph 3.133  
"In the case of submitting a new application for an invention patent directly to the DSE in 
Macao,  China, the applicant must submit the application with an abstract, and any other relevant 
documentation, including documents proving the priority right claim, drawings, translated copies in 
Chinese of certificates or other documents not written in any offi cial languages of Macao, China. Like 
in the previous case, if the application is in order, a notice will be published in the Official Gazette, 
once 18 months have elapsed from the date of filing the application or, if a priority right was claimed, 
from the  claimed date. From the publication of the application notice, and up to the date the patent 
is granted, any person may file an opposition to a specific application for invention patent 
registration. Also, in the case of direct registration with the DSE, w ithin seven years from the date WT/TPR/M/ 402/Add.1  
 
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of filing of the application, the applicant must file with the DSE a request of substantial examination 
by the CNIPA, paying a fee of MOP 2,500, otherwise the application for the invention patent 
registration will be refused . The granting of the patent by the DSE is contingent upon the result of 
a substantive examination report by the CNIPA, which is the only substantive examiner for invention 
patent applications in Macao, China in accordance with the Cooperation Agreement si gned between 
Macao, China's and China's intellectual property offices ." 
Question  
29. The EU would like to know whether Macao, China is considering developing its own 
examination capacity?  
Reply  
For patent registrations filed in Macao, China, the substantive examination is fully supported by the 
CNIPA. At present, the establishment of a local substantive examination capacity has not yet been 
considered.  
Question  
30. Given that Macao, China play a role of transit/re -export hub and encourages the develop ment 
of international trade; could Macao, China provides information on how it fight international 
trade of counterfeit goods?  
Reply  
A special liaison mechanism with law enforcement agencies among Macao, China and neighboring 
areas to exchange intelligence  is established. With this mechanism, remarkable results have been 
achieved as the corresponding law enforcement agencies are enabled to be notified accurately and 
react quickly.  
Macao, China will maintain close communication and information exchange with law enforcement 
agencies in neighboring areas, launching joint enforcement operations for intellectual property 
protection randomly. Since 1 January 2016, a total of 12 joint enforcement operations for intellectual 
property protection have been launched to  combat cross -border illegal trading of counterfeit goods.  
REPORT BY MACAO, CHINA - WT/TPR/G/402  
4.3.2   Import  licensing procedures  
Page 8 , Paragraph 4.11  
"Pursuant to the Foreign Trade Law (Law No. 7/2003), goods regulated by the licensing regime and 
specific legislation of the MSAR are subject to prior import authorization, which are mainly for health, 
safety, environmental and public security reasons. Good s covered by the licensing regime are live 
animals, meat, fish, vegetables, pharmaceutical products and medicines, milk for infant feeding, 
alcoholic beverages, tobacco, vehicles, telecommunication apparatus, arms and ammunition, among 
others. The import l icensing regime for petroleum products has also been implemented since 
February 2015. In compliance with international obligations, the MSAR also imposes import licensing 
requirements or prohibitions on narcotic drugs and psychotropic substances, ozone -depleting 
substances, endangered species of animals and plants, chemical substances and their precursors, 
and hazardous wastes ." 
Question  
31. Why has Macao , China  introduced an import -licensing regime when the import conditions to 
be fulfilled on SPS are already included in the relevant sanitary certificates, which accompany 
the commodities? It could be an additional and unnecessary burdensome procedure.  WT/TPR/M/ 402/Add.1  
 
- 34 - 
 
Reply  
The conduct of foreign trade business requires compliance with Macao, China regulatory framework 
for customs procedures, in which the Macao Customs Service is responsible for implementing and 
verifying compliance at the border, including the import licen ce and declaration system. 
Furthermore, in order to protect human, animal and plant life or health, in addition to the 
above -mentioned customs procedure requirements, importers must comply with sanitary and 
phytosanitary measures when importing goods related to SPS -related scope, and the Municipal 
Affairs Bureau will also engage in the border controls.  
  WT/TPR/M/ 402/Add.1  
 
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HONG KONG, CHINA  
REPORT BY THE SECRETARIAT  - WT/TPR/S/402  
Trade Policies by Sector - Services  
Banking  
Page 97, Paragraph  4.47 
IMF's report of May 2019 (referred to in footnote 46) viewed the financial sector of Macao, China 
remains sound with healthy liquidity and asset quality; and recognized the efforts by the Monetary 
Authority of Macao (AMCM) to strengthen financial supervision. Meanwhile, given the large size of 
the financial sector and the significant short -term foreign liabilities, the IMF repor t called for 
continued supervisory caution, including further strengthening of the framework for sound Fintech 
adoption.  
Question  
1. Does Macao, China have any plan to implement IMF's suggestion to strengthen its regulatory 
framework for Fintech? If yes, could Macao, China share with us more details of its plans and 
actions taken?  
Reply  
Macao, China is actively responding to the IMF 's suggestion in the recent Article IV report. On one 
hand, the MSAR Government plans to introduce a new section for regulatory sandbox to the revised 
Financial System Act to foster innovation in the financial sector while keeping alert to emerging risks. 
In addition, the Government will revise supervisory guidelines to enhance the sector 's risk 
management with the incre asing adoption of innovative technologies. On the other hand, to further 
increase cyber resilience in financial institutions, the Cybersecurity Law (Law No.  13/2019) and the 
Guideline on Cyber Resilience (Circular No. 016/B/2019 -DSB/AMCM) were introduced i n 2019. The 
Cybersecurity Incidents Alert and Response Centre also commenced operation in the same year to 
provide cybersecurity risk alert, cybersecurity incident response and coordination, and relevant 
administrative and technical support to the sector.  
Telecommunications  
Page 101 , Paragraph  4.70 
It is the Government of Macao, China's policy to transform Macao, China into a smart city and 
formulate a new convergence regime to cope with 5G and the next generation network development. 
As such, the Macao Post and Telecommunications Bureau (CTT) has prepared a report and completed 
consultations, while the revision process is in progress.  
Question  
2. We are interested to know more about the key findings of the report. What actions will be 
taken to follow up on CTT's consultations?  
Reply  
The consultations report shows that the telecom industry generally agrees and supports the 
legislation for the regime. After having consolidated and consi dered all of the various 
recommendations, CTT enhanced the draft of the mentioned regime and will continuously push the 
related legislative work forward.  WT/TPR/M/ 402/Add.1  
 
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Tourism  
Page 109, Paragraph  4.112  
The authorities of Macao, China noted that as the tourism and hotel and catering industries have 
developed rapidly over the past decade, the existing legislation is no longer comprehensive enough 
to deal with the increasing present -day changes. They considered it essential to revise current 
regulations to meet the in dustry's diversification and sustainable development needs. Legislation 
governing the tourism sector is currently under revision.  
Question  
3. What is the current progress of the legislative process  regarding the amendments to the law 
regulating the hotel indu stry and the new law regulating travel agencies and tour guides? 
What are the major changes introduced by these amended/new laws?  
Reply  
The law regulating the hotel industry and the law regulating travel agencies and tour guide profession 
are being reviewed by the Legislative Assembly and the Executive Council respectively. Both of them 
aim at streamlining the licensing procedures, updatin g pre -requisites of the different types of 
establishments and professionals, as well as bettering the business environment that fosters a 
healthy and sustainable development of the industries.  
MICE (Meetings, Incentives, Conventions and Exhibitions)  
Page 118, Paragraph  4.131  
To help develop MICE activities, the Government of Macao, China launched a series of incentive 
measures. MICE organizers who are interested in hosting conventions or exhibitions in Macao, China, 
as well as local enterprises and non -profit entities who are interested in joining registered local and 
overseas MICE activities are eligible.  
Question  
4. Are foreign companies eligible for these incentive measures? Are there any incentives or 
programmes for attracting and assisting foreign suppliers to establish and operate in the MICE 
sector in Macao, China?  
Reply  
The "Convention and Exhibition Financial Support Programme " provides financial support for event 
expenses such as accommodation, F&B, keynote speakers, transportation etc., and fo reign 
companies are also eligible to apply.  
Meanwhile, IPIM 's "One-Stop Service " for MICE Bidding and Support in Macao, China can also assist 
event organisers who are interested in hosting conventions or exhibitions in Macao, China. These 
services include  attracting renowned events to Macao, China, providing latest MICE information to 
event organisers and helping them to organise events in Macao, China linking them up with MICE 
service providers, assistance in searching for business partners, etc.  
In addit ion to the above support to entities who are interested in hosting an event in Macao, China, 
foreign enterprises interested in establishing a MICE business in Macao, China can also make use of 
IPIM's Investor 's One -Stop Service, which provide s a complete s et of services to potential investors, 
such as providing information on investment opportunities, evaluating project proposals, and 
coordinating all administrative procedures required for the completion of investment projects in 
Macao, China.  
  WT/TPR/M/ 402/Add.1  
 
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JAPAN  
REPOR T BY THE SECRETARIAT  - WT/TPR/S/402  
1  ECONOMIC ENVIRONMENT  
1.1  Main Features of the Economy  
Page 15 , Paragraph 1.5  
Question  
1. According to the report by the Secretariat, revenue from hotels, restaurants, wholesale and 
retail trade, real estate and business activities, and banking reported increases in revenues 
from 2015 to 2017 as a result of economic diversification initiatives by the government. Japan 
would like to know the how sectoral labor force breakdown had changed over the same period.  
Reply  
According to the results of the Survey on Manpower Needs and Wages, Hotels & Restaurants and 
Banking had 80,394 and 6,122 full -time employees respectively at the end of the third quarter of 
2017, both recorded an increase of 3.3% compared to the end of the  third quarter of 2015. 
Wholesale & Retail Trade had 46,481 full -time employees at the end of the fourth quarter of 2017, 
an increase of 2.8% compared to the same period in 2015.  
Full-time employees by industry  
Industry  2015  2016  2017  Change between 
2015 and 2017  (%) 
Hotels & Restaurants  77,841  79,781  80,394  3.3 
Banking  5,928   6,072  6,122  3.3 
Wholesale & Retail Trade  45,233  47,115  46,481  2.8 
Data from Statistics and Census Service, Survey on Manpower Needs and Wages . 
Note:  Reference period refers to the end of the third quarter of the year for Hotels & Restaurants and 
Banking while the end of the fourth quarter of the year is adopted for Wholesale & Retail Trade.  
3  TRADE POLICIES AND PRACTICES BY MEASURE  
3.1  Measures Directly Affecting Imports  
3.1.1  Customs procedures, valuation, and requirements  
Pages 44-45, Paragraph 3.5  
Question  
2. Japan would like to ask Macao, China to clarify whether plant imports should be accompanied 
by phytosanitary certificates.  
Reply  
According to the List of Commodities Subject to Sanitary Inspection / Phytosanitary Inspection 
mentioned in Annex III of Chief Executive Decision No. 487/2016, bulbs, tubers, tuberous roots, 
corms, crowns and rhizomes, dormant, in growth or in flower; live plants (including their roots), 
cuttings and slips; mushroom spawn; cut flowers; foliage, branches and other parts of plants, and 
grasses, mosses and lichens; and seeds intended for sowing (commonly supplied by nursery 
gardeners, horticultural companies or florists for planting o r for ornamental use) are subject to 
phytosanitary inspection when being imported to Macao,  China,  and the documents shown below 
are required to be submitted for the inspection.   WT/TPR/M/ 402/Add.1  
 
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Documents required to be submitted for the inspection:  
1. The original of the  phytosanitary certificates issued by the place of origin;  
2. The Import Declaration Form (Format DI -E) and supplementary sheet(s) (Format A) 
which should be bought from the Government Printing Bureau;  
3.  The Table of Species and Quantities of Plants for Inspection . 
3.3  Measures Affecting Production and Trade  
3.3.3  Sanitary and phytosanitary requirements  
Page 68 , Paragraph  3.89 & Page 69, Paragraph 3.91 
Question  
3. Macao, China notified the maximum tolerance level of radioactive substance to WTO in 2014. 
However, Macao, China has maintained an import restriction measure on food products from 
Fukushima prefecture with not consistently the notification. Japan would like to request 
Macao,  China to provide the scientific and legal rationale in terms of W TO consistency.  
Reply  
There is no specific restriction for Japan products to be imported into Macao, China. In regard to  
Fukushima prefecture products, the Municipal Affairs Bureau is having regular bilateral discussions 
and communications with Japanese authorities through the Consulate -General of Japan for technical 
details exchange concerning the actual situation of Fukus hima prefecture. As of 22 April 2020, the 
Municipal Affairs Bureau has issued a written request for information (such as the food categories 
intended to be exported into Macao, China, the surveillance and monitoring control programs of food 
production site s), in order for the Municipal Affairs Bureau to proceed food safety risk assessment 
and analysis. The Municipal Affairs Bureau is still awaiting the relevant information for further 
evaluation.  
3.3.4  Competition policy and price controls  
3.3.4.1  Compet ition policy  
Page 70 , Paragraph 3.95  
Question  
4. The report by the secretariat shows several acts of unfair competition may constitute criminal 
offences. Japan would like to request Macao, China to provide with the details regarding 
penalties for the criminal  offences, especially, types of the acts that can constitute the 
offences, types and details of penalties, and detailed laws (articles) on which penalties are 
based.  
Also, Japan would like to ask Macao, China if the Macao customs service can stop products 
which violate the Commercial Code regarding unfair competition.  
Reply  
Certain acts of unfair competition may constitute criminal offences. For example, acts of confusion, 
as defined in Article 159 of the Commercial Code, may constitute a criminal offence of fraud as 
defined in Article 211 of the Penal Code, which stipulates a punishment of imprisonment for up to 
three  years or a fine, or of imprisonment up to five years or a fine if the financial loss caused is high, 
or of imprisonment between 2 to 10 years if the financial loss caused is significantly high, financial 
duress is caused to the victim, or in case of continuous criminal enterprise. Misleading acts, as 
defined in Article 160 of the Commercial Code, may constitute a criminal offence of merchant fraud WT/TPR/M/ 402/Add.1  
 
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as defined in Article 28 of Law No. 6/96/M, which stipulates a pun ishment of imprisonment for up to 
5 years or a fine for up to 600 day -fines, with each day -fine corresponds to an amount between 
MOP 50 and MOP  10,000.  
If the unfair competition  is related to infringing or counterfeit  products , the Macao Customs Service 
may conduct criminal investigations and follow up in accordance with the Industrial Property Code 
approved by Decree -Law No. 97/99/M, the Regime of Copyright and Related Rights approved by 
Decree -Law No. 43/99/M and revised by Law No. 5/2012, and Law No. 6/96/M. 
3.3.7  Intellectual property rights  
3.3.7.2   Industrial property  
3.3.7.2.3   Other industrial property rights  
3.3.7.2.3.4  Trade secrets  
Page 81, Paragraph 3.151  
Question  
5. According to the report by the secretariat, trade secrets are protected are under the 
Commercial Code. Japan would like to request Macao, China to provide with the information 
regarding remedies for trade secret misappropriation, including criminal remedy,  
administrative remedy and their details.  
Also, Japan would like to ask Macao, China if the Macao customs service can stop products 
which violate the Commercial Code regarding trade secrets.  
Reply  
Article 166 (Breach of secrets) of the Commercial Code prov ides that the spreading or exploitation, 
without permission from the holder, of industrial secrets or any other entrepreneurial secrets that 
were either accessed legitimately, but with a duty of confidentiality, or not legitimately, is considered 
unfair.  
Private law remedies can be sought by resort to the unfair competition civil action, as provided for 
in Article 170 of the Commercial Code. Possible remedies are: prohibition of the continuation of the 
unfair competition practice and a cease and desist inj unction (Article 171 of the Commercial Code) 
and, when appropriate, compensation for damages (Article 172 of the Commercial Code). Interim 
relief can be provided by the courts, under the provisions of Article 326 et seq. of the Civil Procedure 
Code.  
As regards criminal law remedies, Article 190 of the Penal Code provides that a person who, without 
consent, takes advantage of a secret related to the commercial, industrial, professional or artistic 
activity of another person, acquired as a consequence of a d uty of confidentiality, in the context of 
their employment, profession, or art, to the detriment of another person or the Macao, China region, 
commits a crime and is liable to imprisonment up to 1 year, or a fine. Also, Article 5 of the Law on 
Combating Cy bercrime (Law No. 11/2009, as revised by Law No. 4/2020) provides that a person 
who, without consent and a legitimate purpose, obtains or makes available to another person data 
that is not intended for him, contained in a computer system or data support de vice, to which he 
has had access (even if access was legitimate), and that said data is related to a legally protected 
secret, commits a crime and is liable to imprisonment up to two years, or a fine.  
Considering that the investigation of the aforementione d crimes relating to infringement and 
misappropriation of trade secrets depends upon a criminal complaint initiated by the victim, the 
intervention by the customs office would depend upon delegation by the competent judiciary 
authority as a result of an on going investigation.  WT/TPR/M/ 402/Add.1  
 
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3.3.7.4  Enforcement  
Page 83 , Paragraph 3.164  
Question  
6. According to Report by the Secretariat, the Customs Service uses network investigation 
systems, search engines, and big data processing technology to combat online infringement 
goods. We would like to know their details and results of such activities.  
Reply  
The Online Big Data Anti -Counterfeiting System can operate 24 hours a day under conditions preset 
by customs officials to monitor trademark information. The netwo rk information data, searched and 
collected by the Online Big Data Anti -Counterfeiting System, can be analyzed and compared through 
the system to help identify suspicious infringement of intellectual property activities.  
The system enables effective combat ing of infringement of intellectual property while saving a 
significant amount of labour cost. From 1 January to 30 November 2020, the Macao Customs Service 
received a total of 147 reports, including 52 reports concerning online sales. With the information  
collected by the system, seven infringement cases were successfully forwarded to the Public 
Prosecution Office. A total of 248 items, mainly cosmetics, clothing and bags, with an estimated 
value of MOP 1.03 million were seized.  
 
  WT/TPR/M/ 402/Add.1  
 
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THAILAND  
REPORT BY MACAO, CHINA - WT/TPR/G/402  
Page 9 , Paragraph  4.16 
Question  
1. The paragraph mentions that the MSAR maintains no restrictions on the setting up of foreign 
companies. Does the MSAR have policy for foreigners to supply all services sectors without 
any restricti on? 
Reply 
Generally, there are no restrictions placed on foreign investment or on the use of foreign capital in 
existing or newly established businesses in Macao, China. Both overseas and domestic enterprises 
are subject to the same regulations on business . However, licensing requirements are imposed on 
certain sectors such as finance, insurance, and banking, while investment in gaming and public 
services is subject to concession from the Government.  
Pages 10 -11, Paragraph s 4.28–4.29 
Question  
2. The paragraphs only mention the MSAR 's efforts on promoting e -commerce by establishing 
logistics channel between the Mainland of China and the MSAR and encouraging the usage of 
mobile payments in the execution of e -commerce transaction. It would be appreciated  if the 
MSAR could provide more details in terms of any new or upgraded laws and regulations 
pertaining to e -commerce.  
Reply 
In response to the needs of e -commerce development, Macao, China continues to review its 
regulatory regime to enhance the e -commerc e business environment. For example, with the aim to 
promote mobile payment usage in Macao, China, while also retaining flexibility in customer 
authentication requirements consistent with the risk -based approach, the MSAR has relaxed the 
authentication req uirement for small -amount mobile payment service since 2017. Mobile payment 
service providers are allowed to classify their e -wallets into tiers with different levels of 
authentication. The higher the authentication level, the higher the spending/balance l imits. In 
addition, payment service licensing application guidance was issued, to facilitate applicants to better 
understand the relevant licensing requirement and process. Furthermore, in view of the rapid growth 
in the usage of information technology, th e Cybersecurity Law (Law No.  13/2019) came into force in 
December 2019 to protect information network, computer system and data of critical infrastructure 
operators.  
In view of the changing e -commerce environment, Macao, China will continue to review its r elated 
laws and regulations, so as to promote a sustainable environment for the development of 
e-commerce.  
Page 13 , Paragraph s 5.7-5.8 
Question  
3. The statistics show a big slump of the number of inbound visitors in the first quarter of 2020 
compared with that of the same period of 2019 and also the profound impact on MSAR 's 
gambling industry resulted from the COVID -19 pandemic. Does MSAR have any re lated 
measure to cope with this situation? And how?  WT/TPR/M/ 402/Add.1  
 
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Reply 
Due to the COVID -19 pandemic, Macao, China 's borders are still closed to international visitors with 
some exceptions. However, Macao, China reopened to visitors from the Mainland of China in August,  
and tourism activities between the Mainland of China and Macao, China are being gradually resumed 
as the pandemic has been brought under control in both places.  
In response to the impact of the pandemic on the tourism sector, the MSAR Government has been 
working closely with public and private sectors and has launched various measures with a view to 
revitalizing the tourism industry. These include: an e -platform providing information on offers and 
discounts offered by F&B, retail, leisure and entertainment  entities to local residents and visitors; 
local tours targeting local residents; an online lucky draw targeting visitors from the Mainland of 
China, with prizes of hotel coupons, cash coupons and air tickets; a campaign for promoting 
Macao , China  as a saf e destination; a roadshow held in Beijing ; and a campaign for promoting 
Macao,  China 's destination glamour.  
In the time to come, the MSAR Government will pay attention to how the pandemic evolves in the 
surrounding areas and around the world, implementing in a timely manner measures and 
program mes beneficial to the revival of tourism activities on the premise of ensuring public safety 
from the pandemic.  
REPORT BY THE SECRETARIAT - WT/TPR/S/402  
Page 48 , Paragraph  3.18  
Question  
4. Thailand would like to seek information on the mechanism imposed by Macau to prevent 
circumvention of preferential tariff treatment by non -Parties of the CEPA.  
Reply 
Once a manufacturer applies for CEPA qualification, a full scale  on-site inspection will take place to 
ensure it has the ability to produce goods that are in compliance with the CEPA rules of origin. In 
addition, pursuant to Article 23 of the CEPA Agreement on Trade in Goods, The Mainland of China 
and Macao, China have  well established an Electronic Origin Data Exchange System to ensure 
effective and efficient implementation, including the submission and confirmation of the certificate 
of origin. Furthermore, under Article 24 of the Agreement, it also puts in place a ve rification 
mechanism determining the authenticity of the Certificate of Origin or of the origin status of the 
goods under CEPA. Thus the existing mechanism and control have provided sufficient measures to 
eradicate any chance for circumvention by non -Parties of CEPA.  
  WT/TPR/M/ 402/Add.1  
 
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THAILAND  – 2ND SET OF QUESTIONS  
REPORT BY THE SECRETARIAT  - WT/TPR/S/402  
Page 43  
Question  
1. The Secretariat Report states that Macau has recently published a new Arbitration Law (Law 
No. 19/2019) which came into effect in May 2020. Can Macao, China provide details of key 
developments that were introduces by the new Arbitration Law? For instance, are there any 
improvements to the process  in which a foreign arbitral award may be enforced; and does the 
new Arbitration Law include regulation of third -party funding?  
Reply  
The new Arbitration Law (Law No. 19/2019), which came into force on 4 May 2020, modernizes the 
legal regime of the arbitra tion framework in Macao, China, in order to foster Macao, China as a hub 
of arbitration for the Mainland of China and Portuguese -speaking countries. The new law unified the 
legal regime for both domestic and international arbitration and follows closely th e 1985 UNCITRAL 
Model Law on Arbitration, as amended in 2006.  
The following are some of the key developments introduced in the new law:  
• The requirement that an arbitration agreement be in writing was altered to also encompass 
electronic communications (Art icle 11), which is consistent with Article 7 of the UNCITRAL 
Model Law on Arbitration;  
• The new law allows the designation of an "emergency arbitrator " to award urgent interim 
measures if need arises (Chapter 3 of Law No. 19/2019);  
• The arbitration tribunal has been empowered to award interim measures and preliminary 
orders (Chapter 5 of Law No. 19/2019);  
• Administrative disputes can now be resorted to arbitration (Chapter 10 of Law 
No. 19/2019).  
Concerning the improvements to the process in which a foreign ar bitral award can be enforced, the 
procedures were streamlined (Chapter 8 of Law No. 19/2019) with the objective of facilitating and 
expediting the circulation, recognition and enforcement of foreign awards. Formal requirements 
(Article 72, paragraph 1 and 2) were simplified in conformity with Article 35 of the UNCITRAL Model 
Law and Article IV of the 1958 New York Convention. In addition, the grounds for refusing recognition 
and enforcement (Article 71) mirror those of Article 36 of the UNCITRAL Model Law. It is also worth 
mentioning that according to the second paragraph of Article 72, the procedures for recognition and 
enforcement of foreign arbitral award shall be of an urgent nature, taking priority over any non -
urgent judicial proceedings.  
With regard t o the issue of third party funding, the New Arbitration Law does not restrict nor regulate 
any third party funding in arbitration proceedings.  
Page 44 , Paragraph  3.4 
Question  
2. Under paragraph 3.4, stated that importing products entering into Macao, China are subject 
to a document check and physical check by Customs Officers, are there any remedies for 
damage caused by the physical check process?  WT/TPR/M/ 402/Add.1  
 
- 44 - 
 
Reply  
The Macao Customs Service has equipped the borders with monitoring equipment in the process of 
customs clearance of goods. If the goods are damaged, the Macao Customs Service will conduct an 
investigation and clarify the responsible party. If it is the responsibility of the Macao C ustoms Service, 
compensation will be made through relevant procedures.  
Page 121 , Paragraph 4.138  
Question  
3. Are foreign investors eligible for the subsidies and supporting initiatives under the Subsidy 
Programme for Macao's Cultural and Creative Industries? What are the criteria and procedure 
for applying to the Subsidy Programme?  
Reply  
With the aim to promote the cultural and creative industries in Macao, China, the "Subsidy 
Programme Series for Macao 's Cultural and Creative Industries " has been launched whi ch provides 
financial supports in the fields of fashion design, songs and films production. The programme intends 
to foster local talents in the cultural and creative industries sector, to incubate potential cultural and 
creative products as well as to pro mote and advertise Macao , China' s brands. Applicants for this 
programme must possess a valid MSAR resident identity card and be aged 18 or above. For details 
of the application requirements, please refer to the following webpage:  
www.macaucci.gov.mo/en/content/?id=2271&catid=152&subcatid=166  
In addition, with regards to cultivating projects concerning creative design, cultural performance and 
exposition, artwork collection and digital media in Macao, China, the Cultural Industry Fund provides 
assistance to commercial enterprises, which are leg ally established and registered in the MSAR. In 
case of natural person, the business owner shall be a resident of the MSAR, whereas for of legal 
person (i.e. corporation), 50% or above of the capital shall be hold by shareholder(s) who is/are 
resident(s) o f the MSAR. For details of the application requirements, please refer to the following 
webpage: https://www.fic.gov.mo/en/funding/normal/application -info 
Page 60 , Paragraph 3.62  
Question  
4. Are foreign SMEs eligible for the three supportive schemes? If not, d oes Macao, China have 
any policies to attract investment from foreign SMEs and startups?  
Reply  
As stated in Page 60, Paragraph 3.62 of the Secretariat Report, "to be eligible for the three SMEs 
supportive schemes, an individual entrepreneur or an enterprise must meet the following 
requirements: be registered at the Financial Services Bureau as a tax contributor with no outstanding 
liabilities; have less than 100 employees working in Macao, China; and more than 50% of the 
business's capital must be held by residents of Macao, China. " 
These requirements are gender, sector and nationality neutral in the sense that SMEs fulfilling these 
criteria are eligible for the financial supports. In this regard, SMEs, with no more than 50% of the 
capital from fore igners, jointly held by foreigners and Macao, China residents are also eligible to be 
supported under those schemes.  
In addition, to encourage investment that is beneficial to domestic economic development, 
enterprises can apply for the Enterprise Financi ng Loan Interest Subsidy Scheme, which provides 
financial incentives to enterprises investing in Macao, China through a loan interest -rate subsidy. As 
long as the foreign enterprises (except financial institutions/financial services providers and 
enterpris es operating under public concessions or sub -concessions) are locally registered and fulfil 
the requirements stipulated under the regulation, they are eligible to apply for the scheme.  WT/TPR/M/ 402/Add.1  
 
- 45 - 
 
Investment from foreign SMEs and startups can also benefit from the Inv estor's One -Stop Service 
of Macao Trade and Investment Promotion Institute (IPIM), which provides a full range of support 
and assistance to facilitate investment projects launched in Macao, China. Specifically, these services 
include providing information on investment opportunities, evaluating project proposals, and 
coordinating all administrative procedures required for the completion of investment projects in 
Macao, China. In addition, IPIM provides various logistic facilities to reduce the start -up cost s of 
companies.  
REPORT BY MACAO, CHINA - WT/TPR/G/402  
Page 8, Paragraph s 4.11-4.12 
Question  
1. Noted that Macao, China does not require Certificate of Origin due to no tariff is levied on 
imports. Does this apply to all imported goods in general? As para . 4.11 mentioned that goods 
are regulated by the licensing regime and specific legislation and are subjected to prior import 
authorization. Can Macao, China provide further details on good regulated by the licensing 
regime under para . 4.11?  
Reply  
The regime  on rules of origin, regulated by Administrative Regulation No.  29/2003, is with an 
objective to facilitat e products exported from  Macao, China in meeting the import requirement s of 
importing countries/regions. This does not apply to  goods imported into Macao, China . In practice, 
the certificate of origin of imported goods is provided on a voluntary basis due to commercial reason s. 
However, in the case of re -exports to a destination that  request s a certificate of origin, the initial ly 
issued  certificate of origin of the goods is required for verification purpose.  
Accord ing to the Law No.  7/2003  - the Foreign Trade  Law, licen sing applie s to the goods covered by 
specific laws and goods covered by Table A and Table B published by Chief E xecutive 's Decision. 
Licensing under s pecific laws is adopted  for the implement ation of  relevant international agreements 
or convention s, while licensing of goods covered by Table A and Table B is mainly adopted  for health, 
safety, environmental and public  security reasons. The Secretariat also consolidated a table for 
goods subject to import licensing under Para . 3.1.5.1 Pages 49 -52 of the Secretariat Report.  
 
  WT/TPR/M/ 402/Add.1  
 
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RUSSIAN FEDERATION  
REPORT BY MACAO, CHINA - WT/TPR/G/402  
4  TRADE  AND INVESTMENT POLICIES  
4.3.4  Foreign investment policies  
Page 9  
According to the Heritage Foundation, Macao , China  (in 2018) is ranked 12th in the investment 
freedom index with 85 points (Luxembourg has a maximum of 95 points). According to the World 
Bank, Macao , China  is ranked 15th in the legislative quality index with 1.61 points (2.5 maximum, 
Hong Kong , China  - 2.21).  
Question  
1. What investment measures (no restrictions on the setting up of foreign companies, low tax 
system, any others?) have been adopted to ensure  such an increase of these indicators?  
Reply  
The mentioned indices do demonstrate that Macao, China has a free regime in respect of foreign  
investment in a global scale. At the outset, the MSAR is bestowed with free port status by Article  110 
of the Basic Law, which governs that no tariff shall be imposed unles s otherwise prescribed by law. 
Moreover, as stipulated in Arti cle 112, the MSAR is a separate customs territory.  Macao, China 
maintains no restriction on foreign companies in setting up businesses, along with simple investment 
and business procedures and identical administrative procedures for both local and foreign investors. 
In addition, Macao, China has a simple and low taxation system and a far reaching international 
network and close ties with the Portuguese -speaking countries. All these contribute to making 
Macao, China a desirable business environment for inves tors around the world.  
4  TRADE AND INVESTMENT POLICIES  
4.3.5   Intellectual property rights  
Page 9, para . 4.19 
The MSAR Government continues to improve its administrative process concerning industrial 
properties registration, e.g. by launching online application service and simplifying application 
requirements. In tandem with the economic development, trademark applications increased from 
10,084 in 2013 to 15,390 in 2019. With respect to patent, there is a growing trend that applicants 
increasingly cho ose patent extension over direct filing to have their inventions protected. The patent 
extension system herein refers to the cooperation agreement signed between the Mainland of China 
and Macao, China in 2003. The procedures of extension are simple, and no  further substantive 
examination is required.  
Question  
2. Please specify which application requirements were simplified  regarding the industrial 
properties registration.  
Reply  
The MSAR Government continues to improve the administrative process of industrial p roperties 
registration by simplifying application requirements. In addition, new online application services 
were launched in 2014. For online applications submitted with authentication by a Qualified 
Electronic Signature certificate, the originals of the supporting documents are not required, and 
payment can be made through the Internet. The required documents for renewal of industrial WT/TPR/M/ 402/Add.1  
 
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property has been simplified, e.g. for an application, whether submitted online or in -person, to the 
Macao Economic Bureau  through an agent, the power of attorney is exempted.  
4  TRADE AND INVESTMENT POLICIES  
4.3.7  Competition policy  
Page 10  
Question  
3. Which authorities in Macao, China have the empowerment to exercise  control and  supervision 
in the field of competition law?  
Reply  
There is no comprehensive competition law and dedicated competition enfor cement agency in 
Macao, China. However, competition provisions are found in the Commercial Code and other sector -
specific regulations and rules. Several authorities, such as regulatory bodies of the financial, gaming 
and telecommunications sectors, have been empowered by the relevant sector -specific laws and 
regulations to exercise control and supervision over the competition in the respective sectors they  
oversee.  
4  TRADE AND INVESTMENT POLICIES  
4.3.9  Support for small and medium -sized enterprises (SMEs)  
Page 11  
Question  
4. The Government's report provides information on financial support for SMEs (SME Aid Scheme, 
SME Credit Guarantee Scheme, and SME Credit Guarantee Scheme Designated for Special 
Projects), measures to assist young entrepreneurs and support for business associations to 
establish the Macao Classic Brand Reshaping Assistance Program. Are there any other 
measures in place to provide non -financial support to SMEs?  
Reply  
Apart from financial support, the MSAR Government has put in place various non -financial measu res 
to support SMEs. Among all,  efforts have been made to enhance the business environment and 
establish distinctive images in old  districts, in order to attract visitors and improve the districts' 
images. These include: enhancement of public areas, promotion of digital marketing and el ectronic 
payment and so forth. In the meantime, the MSAR Government also provides support in organi sing 
promotional events, such as shopping carnivals and night markets in different districts, with the aim 
of attracting both residents and tourists to participate and boosting the local consumption.  
Furthermore, in order to enhance the competitiveness an d brand image of SMEs, the MSAR 
Government also hosts different seminars and workshops on topics that are of interest to SMEs, 
such as business opportunities in the Guangdong -Hong Kong -Macao Greater Bay Area, e -commerce, 
brand building, marketing, etc. as well as fostering the usage of e -commerce in their business, so 
as to upgrade their overall level of service and brand image to target customer groups.  
Moreover, in order to assist SMEs to explore markets, SMEs are encouraged to participate in 
exhibitions and trade fairs, as well as business matching sessions and business field trips to explore 
business opportunities. A Macao SME Pavilion is usually set in major trade fairs (such as the 
Macao  International Trade and Investment Fair) to showcase products and services provided by 
SMEs. Furthermore, as a side activity of these major trade events, guided tours to local WT/TPR/M/ 402/Add.1  
 
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neighbourhoods for the participating d elegates and traders are organi zed with a view to promote 
local brands of SMEs to more people and to boost community economies.  
5  SECTORAL DEVELOPMENTS  
5.3  Tourism  
Page 13  
Question  
5. Is "Air Macau" going to participate in the "Health Passport. COVID -19" project in which world 
airlines will issue international electronic badges to air passengers  indicating that the owner 
does not have a coronavirus in order to increase the number of air  travel?  
Reply  
The COVID -19 quarantine control measures still remain  in force at the borders of Macao, China. 
Their removal is largely dependent upon the pandemic situation around the world, which is very 
much unpredictable at this moment. In view of this, whether or when Air Macau could be able to 
participate in the "Health Passport COVID -19" project still remains to be seen. Any measures that 
facilitate the resuming of normal international travel are welcomed by Air Macau.  
REPORT BY THE SECRETARIAT  - WT/TPR/S/402  
3  TRADE POLICIES AND PRACTICES BY MEASURE  
3.3  Measures Affecting Production and Trade  
3.3.4   Competition policy and price controls  
3.3.4.1  Competition policy  
Pages 70 -71 
Question  
6. Which sanctions can be imposed in case of violation of competitive articles of the Commercial 
Code?  
Reply  
Pursuant to Arti cle 171 of the Commercial Code, a judicial decision declaring the existence of acts 
of unfair competition shall determine the prohibition of the continuation of the said practice,  and 
shall indicate the appropriate means to eliminate the respective effects . The aggrieved party can 
recover damages incurred as a consequence of proven acts of unfair competition if they were 
practised with intention or negligence in accordance with Article 172 of the Commercial Code.  
In addition, certain acts of unfair competit ion may constitute criminal offences. For example, acts of 
confusion, as defined in Article 159 of the Commercial Code, may constitute a criminal offence of 
fraud as defined in Article 211 of the Penal Code, which stipulates an imprisonment of up to 
three  years or a fine.  WT/TPR/M/ 402/Add.1  
 
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3  TRADE POLICIES AND PRACTICES BY MEASURE  
3.3  Measures Affecting Production and Trade  
3.3.4  Competition policy and price controls  
3.3.4.1 Competition policy  
Pages 70 -71 
Question  
7. Does the Commercial Code of Macao, China have a provision on possibility  of its extraterritorial 
application?  
Reply  
The Commercial Code of Macao , China  does not have any provision on possibility of its extraterritorial 
application.  
3  TRADE POLICIES AND PRACTICES BY MEASURE  
3.3  Measures Affecting Production and Trade  
3.3.4  Competition policy and price controls  
3.3.4.1   Competition policy  
Pages 70 -71 
Question  
8. Which forms of anticompetitive practices, despite of agreements and concerted actions, are 
established in the Commercial Code of Macao, China?  
Reply  
Article 158 of the Commercial Code has a general clause qualifying unfair competition as any form 
of competition, which is objectively contrary to the rules and honest usage of economic activity.  
This general clause is further complemented by a list of sp ecified practices that are legally deemed 
as unfair competition:  
• Acts of confusion (Article 159 of the Commercial Code);  
• Misleading acts (Article 160 of the Commercial Code);  
• Offers (Article 161 of the Commercial Code);  
• Negative statements (Article 162 of the Commercial Code);  
• Comparative practices, such as comparative advertisement (Article 163 of the Commercial 
Code);  
• Acts of imitation (Article 164 of the Commercial Code);  
• Exploitation of other persons' reputation (Article 165 of the Commercial Code);  
• Breach of secrets (Article 166 of the Commercial Code);  WT/TPR/M/ 402/Add.1  
 
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• Promotion and exploitation of contractual breaches (Article 167 of the Commercial Code);  
• Exploitation of dependence (Article 168 of the Commercial Code);  
• Sales at a loss (Article 169 of the Commercial  Code).  
  WT/TPR/M/ 402/Add.1  
 
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PERU  
REPORT BY THE SECRETARIAT  - WT/TPR/S/402  
Página 10 , Resumen [Page 10, Summary ] 
14. También existen diversos incentivos no fiscales, principalmente en forma de apoyo financiero a 
proyectos de inversión, pymes y jóvenes empresarios. Las empresas que invierten en Macao, China 
pueden beneficiarse del Plan de Subvenciones de los Intereses de los Préstamos para la Financiación 
de Empresas, que ofrece una subvención de los tipos de interés de cuatro puntos porcentuales al 
año, durante un máximo de cuatro años, a las empresas que inviertan en Macao, China. Las pymes 
pueden beneficiarse de ayuda financiera sin intereses y garantías de créditos para préstamos. 
Asimismo, en marzo de 2020, se introdujo el Plan de Subvenciones de los  Intereses de los Préstamos 
Bancarios para las Pymes, con un período de aplicación de seis meses, a fin de ayudar a las pymes 
que se enfrentaban a dificultades debido a la pandemia de COVID -19. Macao, China también concede 
subvenciones a empresas para prom over la creación de empleo en beneficio de grupos sociales 
específicos, como las personas desempleadas, los jóvenes en busca de su primer empleo y las 
personas con discapacidad.  
[There are also a number of non -tax incentives, mainly in the form of financia l support targeted to 
investment projects, SMEs and young entrepreneurs. Enterprises investing in Macao, China may 
benefit from the Enterprise Financing Loan Interest Subsidy Scheme, which provides an interest rate 
subsidy of 4 percentage points per annum for a maximum period of four years to companies investing 
in Macao, China. SMEs may benefit from interest -free financial assistance and credit guarantees for 
loans. Additionally, in March 2020, the SME Bank Loan Interest Subsidy Scheme was introduced, 
with an implementation period of six months, to assist SMEs facing difficulties due the COVID -19 
pandemic. Macao, China also grants subsidies to companies to promote job creation among targeted 
social groups, such as the unemployed, young first -time job seeker s, and persons with disabilities. ] 
Pregunta [Question ] 
1. En el marco de las subvenciones a las Pymes y de las subvenciones a empresas para promover 
la creación de empleo en beneficio de grupos sociales específicos, ¿podría Macao -China 
compartir información e stadística sobre el impacto favorable  de dichas subvenciones en la 
creación de puestos de trabajo para las mujeres, o en qué medida dichas subvenciones han 
sido dirigidas a los negocios que son propiedad de una mujer?   
[Within the framework of subsidies to SMEs and subsidies to companies to promote job 
creation for the benefit of specific social groups, could Macao -China share statistical 
information on the favourable impact of such subsidies on job creation for women, or to what 
extent such sub sidies have been targeted at businesses owned by women? ] 
Reply  
At present, all the SMEs and young entrepreneur supporting schemes in Macao, China are 
gender -neutral, and do not target  to any particular  social groups. With regard to the "Young 
Entrepreneur Aid Scheme ", 939 out of the 2,262 applications are women (accounted for 42%). Of 
the 1,685  approved cases, 732 applicants are women (accounted for 43%).  
Pregunta [Question ] 
2. ¿Qué acciones públicas y/o privadas, internacionales o nacionales, se han llevado a cabo en 
Macao -China durante el período bajo examen para fomentar una mayor participación de la 
mujer en la economía y en particular en el comercio internacional? ¿Cuáles fueron sus 
resultados?  
[What public and/or private actions, international or national, have been carried out in 
Macao -China during the period under review to promote greater participation of women in the 
economy and in particular in international t rade? What were their results? ]  WT/TPR/M/ 402/Add.1  
 
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Reply  
Both men and women in Macao, China are empowered with equal rights in receiving education and  
participation in the economy. To further arouse the participation of women in domestic and 
international affairs, the MSAR Government has set up a program me on "Targets on Women 
Development in Macao " through the Women and Children Affairs Committee in 2015, under which 
women are encouraged to participate in decision -making process, as well as acquire knowledge with 
respect to laws and security, economy, media and culture, social welfare and so on. The MSAR 
Government also takes opportunities to work hand -in-hand with NGOs of different orientation groups, 
such as women and youth, and invite them to participate in business activi ties such as trade fair and 
oversea exchange , as well as that will facilitate their participation in international trade.  
Question  
3. ¿Podría Macao -China copatrocinar la Declaración Ministerial sobre Comercio y 
Empoderamiento de la Mujer o participar activamente en el Grupo de Trabajo Informal sobre 
Comercio y Empoderamiento Económico de la Mujer, que sesionará próximamente en la OMC, 
y que busca principalmente compartir buenas prácticas en la materia?  
[Could Macao -China co -sponsor the Ministerial Declaration on Trade and Women's 
Empowerment or actively participate in the upcoming Informal Working Group on Trade and 
Women's Economic Empowe rment at the WTO, which seeks primarily to share good practices 
in this area? ] 
Reply  
Macao, China r ecogniz es that the Buenos Aires Declaration  on Trade and Women's Economic 
Empowerment has raised awareness of the important role of trade in the empowerment  of women. 
In fact,  women have substantial participation  in both employment and entrepreneurship and 
contribute greatly to the economic development of Maca o, China . Therefore, we will continue to pay 
close attention to  trade and women's economic empowerment to promote  women's full  and effective 
participation and equal leadership opportunities in all decision -making levels of political, economic 
and public life . In addition, we will further consult with local women and relevant associations  on 
participation in international women -related  affairs.  
 
  WT/TPR/M/ 402/Add.1  
 
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ICELAND  
Question  
1. What is the participation of women in the economy of Macao, China?  
Reply  
At the end of 2019, the labour force of Macao SAR amounted to 394,600 . The general labour force 
participation rate 70.3% and the labour force participation rate of women 66.7%. Total employment 
was 387,800, while the employed population of women was 199,200. Most of the employed 
population of women were aged 25 to 34 (29.1%), followed by those aged 35 to 44 (26.0%). As 
analysed by education attainment, employed population of women with tertiary education accounted 
for 38.5%, and those with senior secondary education made up 30.6%, with these two groups 
accounted for 69.0% of th e total. Among the female employed residents , the majority of women 
were employed in the industries of "recreational, cultural, gaming and other services " (27.9%), 
"hotels, restaurants and similar activities " (12.8%), and "wholesale and retail trade " (11.1 %). Also 
according to our records, about 43% of the cases approved under the Young Entrepreneurs Aid 
Scheme  were women entrepreneurs, which best indicates that young women have shown 
enthusiasm for entrepreneurship.  
Question  
2. Have specific barriers that lim it women's participation in trade been identified?  
Reply  
Macao, China, as a highly open economy that values gender equalit y, allows all people to participate 
in trade in a law -abiding  manner . According to the Report on the Current Situation of Women in 
Macao 2017 released by the Social Welfare Bureau , women in Macao, China have multiple roles, 
with 80% of them performing household chores, and each woman spends an average of 2.3 hours 
per day do ing housework. Therefore, working women want to reduce their burden and achieve a 
balance between family and career.  In light of the above, the MSAR Government has been 
encourag ing more women to take part in vocational training  and paying attention to thei r 
psychological health . In addition , the MSAR government continues to encourage women 
entrepreneurs to participate in business activities such as overseas exchanges, trade shows, and 
international forums to keep them abreast of the latest global trends and  explore more business 
opportunities.  
Question  
3. Has Macao, China implemented any specific measures to encourage women's participation in 
trade and promote women's entrepreneurship, or are such measures being developed?  
Reply  
The MSAR Government has impleme nted various measures to support young entrepreneurship. 
These include the establishment of the Macao Young Entrepreneur Incubation Centre, assisting the 
local entrepreneurs to station in the youth incubation centres in the Mainland  of China , launching 
Sino-Portuguese Youth Innovation and Entrepreneurship Exchange Programme, as well as the 
Professional Consulting Services Exchange Program me. Although these measures, on their own, are 
gender neutral, yet the Macao SAR Government works closely with the local associations in 
encouraging and supporting women to participate in these initiatives.  
Question  
4. Are the effects of trade policy on women and men measured and monitored, and if so how?  WT/TPR/M/ 402/Add.1  
 
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Reply  
Our trade -related policies are gender -neutral , we do not measure and monitor the effectiveness of 
trade  policies by gender.  However, some  facilitative  policies, such as government -provided nursery 
service s, can facilitate  more women enter the workforce . The number of employed women and the 
number of wom en in the labour force increased by 7.9% and 7.8%, respect ively, in 2019 compared 
to 2013 . On the other hand, all the  SMEs and young entrepreneur supporting schemes  are 
gender -neutral  and open to all eligible  applicants.  In the case of the Young Entreprene urs Aid 
Scheme , about  43% of the approved cases are female entrepreneurs, which best reflects the 
entrepreneurial passion of young women.  
Employed residents  Total  Male  Female  
2013 270,100  136,300  133,700  
2019 281,800  137,500  144,200  
Resident labour force  Total  Male  Female  
2013 276,800  140,500  136,300  
2019 288,500  141,600  146,900  
 
  WT/TPR/M/ 402/Add.1  
 
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UNITED STATES  
REPORT BY THE SECRETARIAT  - WT/TPR/S/402  
3  TRADE POLICIES AND PRACTICES BY MEASURE  
3.1  Measures  Directly Affecting Imports  
3.1.2  Customs valuation  
Page 48, paragraph 3.15  
The Secretariat notes that, under Article 24 of the Consumption Tax Regulation, if Direcção dos 
Serviços de Economia (DSE) doubts the accuracy of the declared value, the importer is notified and 
has 10 days to submit necessary amendments.  Following the 10 -day period, if DSE remains doubtful 
regarding the re -declared value, only then are the rules of the WTO Customs Valuation Agreement 
applied.  
Question   
1. Please explain why the rule s of the WTO Customs Valuation Agreement  are not applied for all 
customs valuation purposes?  
Reply  
The consumption tax regime of Macao, China is established by the Consumption Tax Regulation, 
approved by Law No. 4/99/M. Under the Regulation, the consumption tax levied by Macao, China is 
calculated at a specific rate for tobacco products and, both specific and ad valorem rate for alcoholic 
beverages with 30% or higher alcohol concentration. The value declared by the importer and 
additional supporti ng information serve as the basis for determining the tax payable on the product. 
According to sub -paragraph 2a of Article 24 of the Consumption Tax Regulation, the Customs 
Valuation Agreement applies to importation of goods when there is no sufficient inf ormation available 
for determining the product value.  
3.3.6  Government procurement  
Page 72, paragraph 3.107  
The Secretariat indicates that the Government of Macao, China is redrafting the Public Procurement 
Law in light of comments received from a public consultation held November 2018 through 
January  2019.  
Question   
2. Is the input received during the consultation  period currently available for public review, and 
if so, where can it be viewed?  
Reply  
The MSAR Government has compiled the opinions and suggestio ns gathered from the public and 
intra-government consultations into the final report of the public consultation on the "Public 
Procurement Law ", which was published in 2019 and is available at the following links:  
Chinese version : 
https://www.dsf.gov.mo/download/LCP/C_LCP_Report.pdf  
Portuguese version : 
https://www.dsf.gov.mo/download/LCP/P_LCP_Report.pdf  WT/TPR/M/ 402/Add.1  
 
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Question  
3. Please provide an update regarding  the expected timeline for the redraft to go through the 
forthcoming legislative proced ure? 
Reply  
Macao, China is formulating a new "Public Procurement Law " with the aim of refining the current 
government procurement legal regime with clearer and better regulated procurement procedures. 
Apart from the inclusion of principle regulations that fits the current social and economic 
development, it is also ensured that the procurement procedures provided in the new "Public 
Procurement Law " will comply with the international standards. After having gathered opinions and 
suggestions from public and i ntra-government consultations, the MSAR Government will take into 
account the opinions and suggestions of the general public and public authorities for drafting the 
"Public Procurement Law " in order to further refine its content, so that it will better mee t the 
expectations of the society and the actual operational needs of public authorities. The bill is currently 
under redrafting and will proceed with the legislative procedures in 2021.  
QUESTIONS NOT BASED ON THE REPORT BY THE SECRETARIAT OR THE REPORT  BY MACAO, 
CHINA  (WT/TPR/S/402; WT/TPR/G/402 ) 
Macao, China is one of the wealthiest economies in the world, measured in GNI per capita (PPP) 
terms, according to data from the World Bank and IMF.  In fact, according to World Bank data from 
2018, Macao, China is the wealthiest economy in the world.   
Question  
4. Does Macao, China believe it is appropriate for it to seek blanket special and differential 
treatment in WTO negotiations, and therefore receive the same special treatment as Members 
with a GNI per capita figure of less than one percent that of Macao, China?  If so, please explain 
why this is appropriate.  
Reply  
Special and differential (S&D) treatment is the core value and fundamental principle of the WTO, 
Macao, China has not acquired any trade advan tages from the WTO S&D treatment. As a WTO 
member, Macao, China will not evade its international responsibilities, and must uphold this core 
value and fundamental principle.  
Macao, China reiterates and stresses its support for multilateral trading system, and will continuously 
enhance the transparency of its trade policy. Macao, China will commit to building a sound 
investment environment and maintain a highly open economic system, and will observe and uphold 
the WTO rules.  
__________