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PROVISIONS FOR IDENTIFICATION AND PROTECTION OF WELL-KNOWN TRADEMARKS

The State Administration for Industry and Commerce

Decree of the State Administration for Industry and Commerce of the People’s Republic of China

No.5

The Provisions for Identification and Protection of Well-Known Trademarks, adopted at executive meeting of the State Administration
for Industry and Commerce, is hereby promulgated, and shall enter into force as of June 1, 2003.

General Director of the State Administration for Industry and Commerce Wang Zhongfu

April 17, 2003

Provisions for Identification and Protection of Well-known Trademarks

Article 1

The present Provisions are formulated in accordance with the Trademark Law of the People’s Republic of China (hereinafter referred
to as the Trademark Law) and the Rules on Implementing the Trademark Law of the People’s Republic of China (hereinafter referred
to as the Implementing Rules).

Article 2

The “well-known trademark” herein refers to a trademark widely known by the relevant public and highly reputable in China.

The “relevant public” includes the consumers related to certain kind of commodities or services indicated by a trademark, manufacturers
of the said commodities or other operators who provide relevant services, and the sellers and other people involved in the market.

Article 3

The following materials may be used as the certification materials of a well-known trademark:

1.

relevant materials that can evidence the extent that the relevant public know the trademark;

2.

relevant materials that can evidence the lasting time of the trademark, including the materials involving the history and scope of
the use and registration of the trademark;

3.

relevant materials that can evidence the lasting time, extent and geographic scope of any publicity work, including ways of adverting
and promotion, geographic scope, type of publicity media and the quantity of the launched advertisements;

4.

Relevant materials that can indicate that this trademark has been protected as a famous one, including the pertinent materials that
the trademark has been protected as a well-known trademark in China, or in other country or region;

5.

Other evidential materials that can indicate the trademark is famous, including the materials regarding the recent 3 years of output,
sales volume, profit payments and tax turnover and sales territory of the principal commodities using this trademark.

Article 4

Where a trademark, which has been given preliminary examination and approval and publicly announced, is thought to be in violation
of Article 13 of the Trademark Law, the party involved may raise an objection to the trademark office in accordance with the relevant
provisions of the Trademark Law and the Implementing Rules and shall submit relevant materials that can prove the trademark as famous.

Where a registered trademark is thought to be in violation of Article 13 , the party involved may file an application to the Trademark
Review and Adjudication Board, pleading it to make a ruling to revoke the registered trademark, and shall submit relevant materials
that can prove the trademark as famous.

Article 5

In the management of trademarks, where a trademark used by others is thought to be in violation of Article 13 and it is requested
to protect this famous trademark, the party involved may file an written application to the administrative department at the city
(prefecture, region) level of the place where case has occurred, pleading it to ban such use, and shall submit relevant materials
that can prove the trademark as famous. At the same time, it shall report to the administrative department at the provincial level
where it is located.

Article 6

Having received an application for the protection of a famous trademark in the administration of marks, the administrative department
for industry and commerce shall examine whether the case falls within the following circumstances as provided in Article 13 of the
Trademark Law:

1.

Where a well-known trademark that hasn’t been registered in China is used on identical or similar commodities of others without permission,
and it is likely to cause confusion;

2.

Where an trademark identical or similar to a well-known trademark that has been registered in China is used on the different or dissimilar
commodities without permission, and it is likely to mislead the public and to cause damages to the interests of the registrant of
the well-know trademark.

In any of the above-mentioned circumstances, the administrative department at the city (prefecture, region) level shall submit the
complete set of materials of this case to the administrative department of this province (autonomous region, municipality directly
under the Central Government) within 15 days as of the acceptance of the application, and shall issue a case acceptance notice to
the parties involved. Within 15 days as of the acceptance of the application, the administrative department of this province (autonomous
region, municipality directly under the Central Government) shall submit the complete set of materials of this case to the trademark
office.

A case not falling within the above-mentioned circumstances shall be timely resolved in accordance with the Trademark Law and the
Implementing Rules.

Article 7

The administrative department of the province (autonomous region, municipality directly under the Central Government) shall examine
the materials involving well-known trademark protection submitted by the administrative departments at the city (prefecture, region)
level within its jurisdiction.

For a case falling within the circumstance as listed in the first paragraph of Article 6 of the present Provisions, the materials
of the case submitted by the administrative department for industry and commerce at the city (prefecture, region) level shall be
submitted to the trademark office within 15 days as of the acceptance of these materials.

For a case not falling within the circumstance as listed in the first paragraph of Article 6 of the present Provisions, the relevant
materials shall be returned to the original acceptance organ, and the case shall be timely resolved in accordance with the Trademark
Law and the Implementing Rules.

Article 8

The trademark office shall make a decision about the relevant materials of a case, shall inform the administrative department of the
province (autonomous region, municipality directly under the Central Government) where this case occurred of the decision, and send
a copy of the decision to the administrative department of the province (autonomous region, municipality directly under the Central
Government) where the involving parties are located.

Except for the materials for proving the trademark famous, the trademark office shall return the other materials to the administrative
department of the province (autonomous region, municipality directly under the Central Government) where the case occurred.

Article 9

For a trademark that has not been identified as famous, the applicant shall not file another application for the same trademark on
the basis of the same facts and reasons within one year as of the decision is made.

Article 10

When determining whether a trademark is famous or not, the trademark office and the Trademark Review and Adjudication Board shall
take account of all the factors listed by Article 14 of the Trademark Law, but it shall not set a precondition – to require the
trademark to satisfy all the factors – for the trademark

Article 11

When protecting a well-known trademark, the trademark office, Trademark Review and Adjudication Board and local administrative department
of industry and commerce shall take the distinction and level of fame of the trademark into consideration.

Article 12

Where an applicant requests to protect its trademark in accordance with Article 13 of the Trademark law, it may offer records that
this trademark has ever been protected as a famous one by the administrative organ of our country.

If the protection scope of the case upon acceptance is almost the same as that of the case in which the trademark has already been
protected as a famous trademark, and both parties to the case raise no objection to the point that the trademark is famous, or the
opposing party raise an objection, but fails it to offer evidential materials to prove that this trademark is not famous, the administrative
department of industry and commerce that accepts this case shall make a ruling on or solve the case on the basis of the conclusion
of the protected records.

If the protection scope of the case upon acceptance differs from that of the case in which the trademark has already been protected
as a famous trademark, the opposing party raises an objection to the point that the trademark is famous and offers evidential materials
to prove that this trademark is not famous, therefore the materials related to the famous trademark shall be re-examined and identified
by the trademark office and the Trademark Review and Adjudication Board.

Article 13

If a party concerned holds that its famous trademark which has been registered as an enterprise name by others may cheat or mislead
the public, it may apply to the administrative organ of enterprise name registration for canceling the registration of this enterprise
name. The administrative organ of enterprise name registration shall deal with such a case in accordance with the Administrative
Provisions of Enterprise Name Registration.

Article 14

The administrative departments of industry and commerce of all levels shall strengthen the protection of famous trademarks, and shall
transfer the suspected cases of crimes of counterfeit trademark to the relevant departments in time.

Article 15

The administrative department of industry and commerce of the province (autonomous region, municipality directly under the Central
Government) where the organ which made the decision is located shall send a copy of the decision made to protect the famous trademark.

Article 16

The administrative departments of industry and commerce of all levels shall establish relevant supervision system, create relevant
supervision and control measures, and strengthen the supervision and inspection of the whole process of the identification of a famous
trademark.

If the pertinent functionaries engaged in the identification of famous trademarks neglect their duties, abuse their powers, seek private
interests, seek improper profits, violate the law in the identification of famous trademarks, they shall be given an administrative
punishment in accordance with the law; and those who constitute crimes shall be subject to the criminal responsibilities in accordance
with the law.

Article 17

The Provisions shall enter into force as of June 1, 2003. At the same time, the Interim Provisions for Identification and Protection
of Well-known Trademarks promulgated by the State Administration for Industry and Commerce on August 14, 1996 shall be concurrently
repealed.



 
The State Administration for Industry and Commerce
2003-04-17

 







REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON THE CUSTOMS RANKS

Regulations of the People’s Republic of China on the Customs Ranks

(Adopted at the 32nd Meeting of the Standing Committee of the Ninth National People’s Congress on February 28, 2003
and promulgated by Order No.85 of the President of the People’s Republic of China on February 28, 2003) 

Contents 

Chapter I    General Provisions 

Chapter II   Classification of Customs Ranks 

Chapter III  Conferment of Customs Ranks 

Chapter IV   Promotion of Customs Ranks 

Chapter V    Retention, Demotion and Deprivation of Customs Ranks 

Chapter VI   Supplementary Provisions 

Chapter I 

General Provisions 

Article 1  These Regulations are enacted in accordance with the Constitution, with a view to strengthening the contingent of
the Customs personnel, enhancing their sense of responsibility, their sense of honor, and their sense of organization and discipline,
and facilitating their performance of duties according to law. 

Article 2  A system of customs ranks shall be practised for the customs. Customs ranks may be conferred on the State public
servants of the General Administration of Customs, sub-administrations of customs, Commissioner’s Office, regional customs, subordinate
customs and offices. 

The system of the police ranks shall be practised for the anti-smuggling police of the customs.  

Article 3  A customs rank is embodied in the post_title and insignia identifying the grade and status of a customs officer and is
an honor granted to him by the State. 

Article 4  The customs ranks of the customs personnel shall follow a scheme of Customs ranks graded in correspondence with post
levels. 

Article 5  Customs officers holding higher customs ranks shall be the superiors of those holding lower ranks. Where a customs
officer holding a higher rank is a subordinate, in terms of post, to a customs officer holding a lower rank, the latter shall be
the superior. 

Article 6  The General Administration of Customs shall be in charge of the work concerning customs ranks. 

Chapter II 

Classification of Customs Ranks 

Article 7  The customs ranks are classified into the following thirteen grades under five categories: 

(1) Customs Commissioner-General and Deputy Customs Commissioner-General; 

(2) Customs Commissioner: First Grade, Second Grade, and Third Grade; 

(3) Customs Supervisor: First Grade, Second Grade, and Third Grade; 

(4) Customs Superintendent: First Grade, Second Grade, and Third Grade; and 

(5) Customs Inspector: First Grade and Second Grade. 

Article 8  The customs ranks corresponding to the different levels of posts held by the customs officers shall follow the scheme
below: 

(1) Chief post at the level of General Administration: Customs Commissioner-General; 

(2) Deputy post at the level of General Administration: Deputy Customs Commissioner-General; 

(3) Chief post at the level of department: Customs Commissioner First Grade and Customs Commissioner Second Grade; 

(4) Deputy post at the level of department: Customs Commissioner Second Grade and Customs Commissioner Third Grade; 

(5) Chief post at the level of division: from Customs Commissioner Third Grade down to and including Customs Supervisor Second Grade; 

(6) Deputy post at the level of division: from Customs Supervisor First Grade down to and including Customs Supervisor Third Grade; 

(7) Chief post at the level of section: from Customs Supervisor Second Grade down to and including Customs Superintendent Second
Grade; 

(8) Deputy post at the level of  section: from Customs Supervisor Third Grade down to and including Customs Superintendent Third
Grade; 

(9) Post at the level of section member : from Customs Superintendent First Grade down to and including Customs Inspector First Grade;
and 

(10) Post at the level of office worker: from Customs Superintendent Second Grade down to and including Customs Inspector Second
Grade. 

Chapter III 

Conferment of Customs Ranks 

Article 9  Customs ranks shall be conferred on the customs officers on the basis of their current posts, their political integrity
and professional competence, the length of time in which they hold the posts as well as their seniority. 

Article 10  The customs authority shall confer on customs officers who are recruited through examinations or transferred from
other departments the customs ranks that are commensurate with the posts they are assigned to respectively. 

Article 11  The conferment of customs ranks on customs officers shall be approved according to the limits of authority prescribed
as follows: 

(1) The ranks of  the Customs Commissioner-General, Deputy Customs Commissioner-General, Customs Commissioner First Grade and
Customs Commissioner Second Grade shall be subject to the approval of and be conferred by the Premier of the State Council; 

(2) The ranks of the Customs Commissioner Third Grade down to and including the Customs Supervisor Third Grade shall be subject to
the approval of and be conferred by the Minister of the General Administration of Customs; 

(3) The ranks at or below the Customs Superintendent First Grade for customs officers working in the headquarters and affiliated
offices of the General Administration of Customs shall be subject to the approval of and be conferred by the Director of the Department
of Political Affairs of the General Administration of Customs; and 

(4) The ranks at or below the Customs Superintendent First Grade for customs officers working in the regional and subordinate customs
offices shall be subject to the approval of and be conferred by the Director General of the regional customs. 

Chapter IV 

Promotion of Customs Ranks 

Article 12  Customs officers holding the ranks at or below the Customs Supervisor Second Grade shall be promoted within the
range of the customs ranks corresponding to their post levels and at the following intervals:  

Each promotion to the next higher grade requires three years for the Customs Inspector Second Grade up to and including the Customs
Superintendent First Grade; and 

Each promotion to the next higher grade requires four years for the Customs Superintendent First Grade up to and including the Customs
Supervisor First Grade.  

Article 13  At the end of the interval for promotion, the customs officers holding the rank at or below the Customs Supervisor
Second Grade, who are qualified for promotion after appraisal, shall be promoted to the next higher grade; such promotion shall be
deferred for those who are not qualified for it. Those who make outstanding achievements in work may be promoted in advance upon
approval. 

Article 14  Selective promotion shall be conducted among the customs officers holding the rank at or above the Customs Supervisor
First Grade, within the range of the customs ranks corresponding to their post levels and on the basis of their political integrity,
professional competence and their actual achievements. 

Article 15  Where, a customs officer is promoted to a higher post but the customs rank he is holding is lower than the lowest
rank prescribed in the scheme for the new post, he shall be promoted to that lowest rank correspondingly.       
 

Article 16  A customs inspector may be promoted to customs superintendent, a customs superintendent to customs supervisor, and
a customs supervisor to customs commissioner only when they have received training and proved qualified. 

Article 17  The provisions in Article 11 of the Regulations shall be applicable to the limits of authority for approval of the
promotion of customs ranks. 

Chapter V 

Retention, Demotion and Deprivation of Customs Ranks 

Article 18  When a customs officer retires, he may retain his customs rank but shall not wear the insignias thereof. 

When a customs officer is transferred from the customs, resigns or is dismissed, he shall not retain his customs rank. 

Article 19  Where a customs officer is demoted to a lower post for incompetence at the current post, if the customs rank he
is holding is higher than the highest rank of the customs rank prescribed in the scheme for the new post, he shall be demoted to
that highest rank. The limits of authority for approval of such demotion shall be the same as those for approval of the original
customs rank.       

Article 20 Where a customs officer is given the administrative sanction of demotion or removal from the post, his customs rank shall
be demoted accordingly. The limits of authority for approval of such demotion shall be the same as those for approval of the original
customs rank. After demotion of the customs rank, the interval for promotion shall be calculated anew on the basis of the customs
rank he is holding after demotion. 

Demotion in the customs rank shall not be applied to Customs Inspector Second Grade. 

Article 21  Where a customs officer is discharged as an administrative sanction, or commits crimes and is sentenced to deprivation
of political rights or to fixed-term imprisonment or more serious criminal punishment, he shall be deprived of his customs rank accordingly,
and there is no need to go through the approval formalities. 

The provisions in the preceding paragraph shall be applicable to the retired customs officers who commit crimes. 

Chapter VI 

Supplementary Provisions 

Article 22  The patterns of the insignias for the customs ranks and the way of wearing them shall be drawn up by the State Council. 

Article 23  These Regulations shall go into effect as of the date of promulgation.

Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress.







AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE REPUBLIC OF GUYANA ON THE PROMOTION AND PROTECTION OF INVESTMENTS

AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE REPUBLIC OF GUYANA ON THE PROMOTION AND
PROTECTION OF INVESTMENTS

The Government of the People’s Republic of China and the Government of the Republic of Guyana, hereinafter referred to as “the Contracting
Parties”

Desiring to intensify economic cooperation between both States on the basis of equality and mutual benefits;

Recognizing that the reciprocal encouragement, promotion and protection of investments will be conducive to stimulating the business
initiatives of investors and the economic development of both States;

Intending to create favourable conditions for investment by investors of one Contracting Party in the territory of the other Contracting
Party;

Agreeing that these objectives can be achieved without relaxing health, safety and environmental measures of general application;

Respecting the sovereignty and laws of the Contracting Party within whose jurisdiction the investment falls;

Have agreed as follows:

Article 1

DEFINITIONS

For the purposes of this Agreement:

1.

“investment” means every kind of asset invested by investors of one Contracting Party in accordance with the laws and regulations
of the other Contracting Party in the territory of the latter and in particular, though not exclusively, includes:

(a)

movable and immovable property as well as any other property rights such as mortgages, liens and pledges;

(b)

shares, stock, debentures and any other form of participation in company;

(c)

claims to money, or to any performance under contract having an economic value associated with an investment;

(d)

intellectual property rights, including copyrights, patents, industrial designs, trademarks, trade names, technical processes, know-how
and goodwill;

(e)

business concessions conferred by law or under contract permitted by law, including concessions to search for, cultivate, extract
or exploit natural resources;

Any change in the form in which assets are invested shall not affect the character of the assets as investments, provided that such
change is done in conformity with laws and regulations of the Contracting Party in which the assets are invested.

2.

“investors” means:

(a)

natural persons who have nationality of either Contracting Party in accordance with the laws of that Contracting Party;

(b)

economic entities, including companies, corporations, associations, partnerships and other organizations, incorporated and constituted
under the laws and regulations of either Contracting Party and which have their seats in that Contracting Party.

3.

“nationals” means those persons referred to in paragraph 2 (a)above.

4.

“returns” means the amounts yielded from an investment and in particular, though not exclusively, includes profit, interests, capital
gains, dividends, royalties and fees.

5.

“territory” means:

the territory of the People’s Republic of China or the territory of Cooperative Republic of Guyana, respectively, as well as those
maritime areas including the seabed and subsoil, adjacent to the outer limit of the territorial sea over which the State concerned
exercises, in accordance with international law, sovereign rights or jurisdiction for the purpose of exploration and exploitation
of the natural resources of such areas.

Article 2

PROMOTION AND PROTECTIONOF INVESTMENTS

1.

Each Contracting Party shall encourage and create favourable conditions for investors of the other Contracting Party to invest in
its territory and shall admit such investments in accordance with its laws and regulations.

2.

Investments of the investors of each Contracting Party shall be accorded fair and equitable treatment and shall enjoy full protection
and security in the territory of the other Contracting Party.

3.

Without prejudice to its laws and regulations, neither Contracting Party shall in any way impair by unreasonable or discriminatory
measures the management, maintenance, use, enjoyment or disposal of investments in its territory by the investors of the other Contracting
Party.

4.

Each Contracting Party shall issue visas and work permits in accordance with its own laws and regulations to nationals of the other
Contracting Party engaging in activities associated with investments made in its territory. Each Contracting Party shall encourage
its investors to employ their best endeavours to facilitate the training of local personnel and the transfer of skills.

Article 3

TREATMENT OF INVESTMENTS

1.

For the purposes of this Article, “activities associated with the investments,” means the operation, management, maintenance, use,
enjoyment or disposal of those investments by the investor.

2.

Without prejudice to its laws and regulations, each Contracting Party shall accord to investments or returns and activities associated
with the investments by the investors of the other Contracting Party, treatment not less favorable than that accorded to the investments,
returns and associated activities of its own investors.

3.

Neither Contracting Party shall subject investments or returns and activities associated with the investments by the investors of
the other Contracting Party to treatment less favorable than that accorded to the investments or returns and associated activities
of investors of any third State.

4.

The treatment granted under this Article shall not relate to privileges, which either Contracting Party accords to investors of third
States or account of its membership in, or association with, a customs or economic union, a common market or a free trade area.

5.

The treatment granted under this Article shall not relate to advantages which either Contracting Party accords to investors of third
States by virtue of a double taxation agreement or other international agreement regarding matters of taxation.

6.

The provisions of this Article shall not prevent either Contracting Party from granting special incentives only to its own nationals
and companies in accordance with its laws and regulations in order to stimulate the creation or growth of local industries, provided
that such incentives do not impair the investments or the activities in connection with an investment, of nationals and companies
of the other Contracting Party.

Article 4

EXPROPRIATION

1.

Neither Contracting Party shall expropriate, nationalize or take other similar measures (hereinafter referred to as “expropriation”)
against the investments of the investors of the other Contracting Party in its territory, except:

(a)

for the public purpose; and

(b)

under domestic law; and

(c)

without discrimination and

(d)

against compensation.

2.

The compensation mentioned in Paragraph 1 of this Article shall be equivalent to the market value of the expropriated investments
immediately before the expropriation is taken or before the impending expropriation becomes public knowledge, whichever is the earlier.
The value shall be determined in accordance with the generally recognized principles of valuation as if the investments were to be
sold as an ongoing concern on the open market disregarding the question of expropriation. The compensation shall include interest
at the average commercial rate from the date of expropriation until the date of payment. The compensation shall be made without delay,
be effectively realizable and be freely transferable.

3.

The investor affected shall have a right, under the law of the Contacting Party making the expropriation, to prompt review, by a judicial
or other independent authority of that Contracting Party, of his or its case and of the valuation of his or its investment in accordance
with the principles set out in this Article.

Article 5

COMPENSATION FOR DAMAGES AND LOSSES

Investors of one Contracting Party whose investments in the territory of the other Contracting Party suffer losses owing to war or
other armed conflict, a state of national emergency, revolt, insurrection or riot or other similar event in the territory of the
latter Contracting Party shall be accorded by the latter Contracting Party treatment, as regards restitution, indemnification, compensation
or other settlement, no less favourable than that which the latter Contracting Party accords to its own investors or to investors
of any third State.

Article 6

TRANSFERS

1.

Each Contracting Party shall, subject to its laws and regulations, grant to the investors of the other Contracting Party the transfer
of their investments and returns held in its territory, including:

(a)

profits, dividends, interest and other legitimate income;

(b)

proceeds obtained from the total or partial sale or liquidation of investments

(c)

payments pursuant to loans in connection with investments;

(d)

royalties and fees in relation to the matters in Paragraph 1(d) of Article 1 ;

(e)

earnings of nationals of the other Contracting Party who are allowed to work in connection with an investment in the territory of
the former Contracting Party;

(f)

compensation provided for in Article 5 ;

(g)

payments of technical assistance or technical service fee or management fee;

(h)

capital and additional sums necessary for the maintenance and development of the investments.

2.

Nothing in Paragraph 1 of this Article shall affect the free transfer of compensation paid in terms of Article 4 of this Agreement.

3.

Transfers shall be made in freely convertible currency and at the applicable prevailing market rate of exchange in the territory of
the Contracting Party accepting the investment and on the date of transfer subject to any withholding tax, income tax and other taxes
unless otherwise agreed at the time of an individual investment.

Article 7

SUBROGATION

If one Contracting Party or its designated agency makes a payment to its investor under an indemnity give in respect of an investment
made in the territory of the other Contracting Party, the latter Contracting Party shall recognize the assignment of all the rights
and claims of the indemnified investor to the former Contracting Party or its designated agency, by law and the right of the former
Contracting Party or its designated agency to exercise by virtue of subrogation any such right to the same extent as the investor.

Article 8

SETTLEMENT OF DISPUTES BETWEEN

THE CONTRACTING PARTIES

1.

Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be
settled by consultation through diplomatic channels.

2.

If the dispute has not been settled within a period of six months from the date on which either Contracting Party raised the matter,
it may be submitted at the request of either Contracting Party to an Arbitral Tribunal.

3.

Such an Arbitral Tribunal shall be constituted ad hoc as follows: each Contracting Party shall appoint one member, and these two members
shall agree upon a national of a third State having diplomatic relations with both Contracting Parties, as the chairman to be appointed
by the two Contracting Parties. Such members shall be appointed within two months, and such chairman within four months from the
date on which either Contracting Party has informed the other Contracting Party that it intends to submit the dispute to an Arbitral
Tribunal.

4.

If within the periods specified in paragraph 3 above the necessary appointments have not been made, either Contracting Party shall,
in the absence of any other arrangement, invite the President of the International Court of justice to make the necessary appointments.
If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the
Vice-President shall be invited to make the necessary appointments. If the Vice ￿CPresident is a national of either Contracting Party
or if he, too, is prevented from discharging the said function, the member of the Court next in seniority who is not a national of
either Contracting Party or is not otherwise prevented from discharging the said functions, shall be invited to make the necessary
appointments.

5.

The Arbitral Tribunal shall determine its own procedure. The Arbitral Tribunal shall reach its award in accordance with the provisions
of this Agreement and the principles of international law recognized by both Contracting Parties.

6.

The Arbitral Tribunal shall reach its decision by a majority of votes, and this award shall be final and binding on both Contracting
Parties. The Arbitral Tribunal shall, upon the request of either Contracting Party, explain the reasons for its award.

7.

Each Contracting Party shall bear the cost of its own member of the Arbitral Tribunal and of its representation in the arbitral proceedings;
the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The Arbitral Tribunal
may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting parties.

Article 9

SETTLEMENT OF DISPUTES BETWEEN ONE CONTRACTING PARTY AND AN INVESTOR OF THE OTHER CONTRACTING PARTY

1.

For purposes of this Agreement, an “investment dispute” is a dispute between a Contracting Party and an investor of the other Contracting
Party, concerning an obligation of the former under this Agreement in relation to an investment of the latter.

2.

In the event of an investment dispute, the Parties to the investment dispute should initially seek an amicable resolution through
consultation and negotiation.

3.

If the dispute cannot be settled through negotiations within six months, either Party to the dispute shall be enpost_titled to submit the
dispute to the competent court of the Contracting Party accepting the investment.

4.

If the investment dispute cannot be settled amicably within six months from the date of written notification of a claim, the investor
that is a Party to an investment dispute may submit the investment dispute for resolution under one of the following alternatives:

(a)

.The International Centre for the Settlement of Investment Disputes (ICSID) having regard to the provisions, where applicable, of
the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, opened for signature at Washington
D.C on 18th March 1965; or

(b)

.An ad hoc arbitral tribunal to be appointed by a special agreement of the parties to the investment dispute;

Provided that the Contracting Party involved in the dispute may require the investor concerned to exhaust the domestic administrative
review procedures specified by the laws and regulations of that Contracting Party before submission of the dispute to the aforementioned
arbitration procedure,

However, if the investor concerned has resorted to the procedure specified in Paragraph 3 of this Article the provisions of this Paragraph
shall not apply.

5.

Without prejudice to Paragraph 4 of this Article, the ad hoc Tribunal referred to in paragraph 4 (b) shall be constituted for each
individual case in the following way: each party to the dispute shall appoint one arbitrator and these two shall select a national
of a third State which has diplomatic relations with both Contracting Parties as the Chairman. The first two Arbitrators shall be
appointed within two months and the Chairman within four months of the written notice requesting arbitration by either party to the
dispute to the other.

6.

If within the period specified in Paragraph 5 above, the Tribunal has not yet been constituted, either party to the dispute may invite
the Secretary General of the International Centre for the Settlement of Investment Disputes to make the necessary appointments.

7.

The ad hoc Tribunal shall determine its own procedure. However, the Tribunal may in the course of determination of procedure take
as guidance, the Arbitration Rules of the International Centre for the Settlement of Investment Disputes.

8.

The Tribunal referred to in Paragraph 4 (a) and (b) above of this Article shall reach its award by a majority of votes. Such award
shall be final and binding upon both Parties to the dispute. Both Contracting Parties shall commit themselves to the enforcement
of the award.

9.

The tribunal referred to in Paragraphs 4 (a), (b) of this Article shall adjudicate in accordance with the law of the Contracting Party
to the dispute including its rules on the conflict of laws, the provisions of this agreement as well as the applicable principles
of international law.

10.

Each Party to the dispute shall bear the costs of its appointed Arbitrator and of its representation in arbitral proceedings. The
relevant costs of the Chairman and the Tribunal shall be borne in equal parts by the parties to the dispute. The tribunal may in
its award direct that a higher proportion of the costs be borne by one of the Parties to the dispute.

Article 10

OTHER OBLIGATIONS

1.

If the law of either Contracting Party or obligations under international law existing at present or established hereafter between
the Contracting Parties in addition to the present Agreement contain rules, whether general or specific, entitling investments by
investors of the other Contracting Party to treatment more favourable than is provided for by the present Agreement, such rules shall,
to the extent that they are more favourable, prevail over the present Agreement.

2.

Each Contracting Party shall observe any commitments it may have entered into with the investors of the other Contracting Party as
regards their investments.

3.

Each investor shall observe the municipal and domestic laws, including criminal, immigration and taxation laws and other domestic
legislation of the Contracting Party receiving the investment.

Article 11

APPLICATION

This Agreement shall apply to all investments, which are made prior to or after its entry into force by investors of either Contracting
Party in accordance with the laws and regulations of the other Contracting Party in the territory of the latter but the provisions
of this Agreement shall not apply to any dispute, claim or difference which arose before its entry into force.

Article 12

RELATIONS BETWEEN CONTRACTING PARTIES

The provisions of the present Agreement shall apply irrespective of the existence of diplomatic or consular relations between the
Contracting Parties.

Article 13

CONSULTATIONS

1.

The representatives of the Contracting Parties shall hold meetings from time to time for the purpose of:

(a)

reviewing the implementation of and proposals for amendment of this Agreement;

(b)

exchanging legal information and investment opportunities;

(c)

forwarding proposals on promotion of investments;

(d)

studying other issues in connection with investments.

2.

Where either Contracting Party requests consultation on any matter of Paragraph 1 of this Article, the other Contracting Party shall
give a prompt response and the consultation shall be held alternatively in Beijing and in Georgetown.

Article 14

ENTRY INTO FORCE, DURATION AND TERMINATION

1.

Each Contracting Party shall notify the other in writing of the completion of the domestic legal procedures required in its territory
for the entry into force of this Agreement. This Agreement shall enter into force on the date of the latter of the two notifications.

2.

This Agreement shall remain in force for a period of ten years. Thereafter it shall continue in force until the expiration of twelve
months from the date, on which either Contracting Party shall have given written notice of termination to the other Contracting Party.

3.

With respect to investments made whilst the Agreement is in force, its provisions shall continue in effect with respect to such investments
for a period of ten years after the date of termination.

Article 15

AMENDMENT

Any provision of this Agreement may be amended by mutual agreement between the Contracting Parties. An Exchange of Diplomatic notes
shall confirm any such amendment.

In Witness Whereof, the undersigned, duly authorized thereto by their respective Governments, have signed this Agreement.

Done in duplicate at Beijing on the 27th day of March in the year 2003 in the Chinese and English languages, both texts being equally
authoritative.

For the Government of the￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿For the Government of the

People’s Republic of China￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿ Republic of Guyana



 
The Government of the People’s Republic of China
2003-03-27

 







CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...