Ministry of Commerce Mainland and Macao Closer Economic Partnership Arrangement Ministry of Commerce Oct 17, 2003 Preamble The Mainlandi and the Macao Special Administrative Region (hereinafter referred to as the “two parties”) decided to sign the Mainland Chapter I General Provisions Article 1 Objectives To strengthen trade and investment cooperation between the Mainland and the Macao Special Administrative Region (hereinafter referred (1) progressively reducing or eliminating tariff and non-tariff barriers on substantially all the trade in goods between the two parties; (2) progressively realizing liberalization of trade in service through reduction or elimination of substantially all discriminatory measures; (3) promoting trade and investment facilitation. Article 2 Principles The conclusion, implementation and amendment of the Arrangement shall adhere to the following principles: (1) to abide by the principle of “one country, two systems”; (2) to comply with the rules of World Trade Organization; (3) to accord with the needs of both parties to adjust and upgrade their industries and to promote steady and sustained development; (4) to achieve reciprocity and mutual benefit, mutual complementary advantages and joint prosperity; (5) to take progressively action, dealing with the easier subjects before the more difficult ones. Article 3 Establishment and Development (1) The two parties shall implement the specific commitments in liberalization of trade in goods and services under the Arrangement as (2) The two parties will broaden and enrich the content of the Arrangement through continuous and further reciprocal liberalization between Article 4 Non-application of specific provisions in China’s WTO Accession Legal Documents The two parties recognize that through over two decades’ reform and opening up, the market economy system the Mainland has been continuously Chapter II Trade in Goods Article 5 Tariffs (1) Macao will continue to apply zero tax to all imported goods of Mainland origin. (2) The Mainland will apply zero tax to the imported goods of Macao origin listed in Table 1 of Annex 1 as of January 1, 2004. (3) The Mainland will apply zero tax to the imported goods of Macao origin that are not in Table 1 of Annex 1 no later than January 1, (4) Any goods whose import tariffs are eliminated in accordance with paragraph 3 of this Article shall be added to Annex 1. Article 6 Tariff Rate Quota and Non-tariff Measures (1) Neither party shall apply non-tariff measures that don’t comply with the rules of the World Trade Organization to the imported goods (2) The Mainland will not apply tariff rate quota to the imported goods of Macao origin. Article 7 Antidumping Measures The two parties undertake that neither party shall apply antidumping measures to the imported goods originated from the other party. Article 8 Subsidies and Countervailing Measures The two parties reiterate to comply with the Agreement on Subsidies and Countervailing Measures of the World Trade Organization and Article 9 Safeguards If one party’s import of one product listed in Annex 1 and originated from the other party increases sharply because of the implementation Chapter III Origin Article 10 Rules of Origin (1) The rules of origin applicable to preferential measures related to trade in goods under the Arrangement are set out in Annex 2. (2) In order to ensure the implementation of the preferential measures regarding trade in goods, the two parties decide to establish and Chapter IV Trade in Services Article 11 Market Access (1) Either party shall reduce gradually or eliminate existing restrictive measures against services or service suppliers of the other (2) At the request of either party, the two parties may further liberalization of trade in services between them through consultation. (3) Any measures on liberalization of trade in services implemented in accordance with paragraph 2 of this Article shall be added to Annex Article 12 Service Suppliers (1) The definition of “service suppliers” and relevant provisions under the Arrangement are set out in Annex 5. (2) Service suppliers of other members of the World Trade Organization that are legal persons established under the laws of one party Article 13 Financial Cooperation The two parties shall adopt the following measures to further strengthen cooperation in the fields of banking, securities and insurance: (1) The two parties support Mainland financial institutions in developing business in Macao; (2) The two parties support Mainland banks in developing network and business in Macao through acquisition; (3) The two parties encourage, assist and support business exchanges between banking, securities and insurance institutions of Macao and (4) The two parties strengthen cooperation and information sharing between the financial regulatory authorities. Article 14 Cooperation in Tourism (1) For the purpose of further promoting the development of the tourism industry in Macao, the Mainland will allow residents in Beijing, (2) The two parties shall strengthen cooperation in tourism promotion, including promotion of to tourism between each other and external (3) The two sides shall cooperate to raise the service standards their tourism industries and protect the legitimate rights and interests Article 15 Mutual Recognition of Professional Qualifications (1) The two parties shall encourage mutual recognition of professional qualification and promote the exchange of professional talents (2) Competent authorities or professional bodies of both parties will study and design specific methodologies mutual recognition of professional Chapter V Trade and Investment Facilitation Article 16 Measures The two parties shall promote trade and investment facilitation by through greater transparency, standard conformity and enhanced Article 17 Fields of Cooperation (1) The two parties shall strengthen cooperation in the following fields: (i) trade and investment promotion; (ii) customs clearance facilitation; (iii) commodity inspection, sanitary and phytosanitary inspection and quarantine, food safety, health quarantine, certification and accreditation, (iv) electronic commerce; (v) transparency in laws and regulations; (vi) cooperation between small- and medium-sized enterprises; (vii) cooperation of industries. (2) Details on the fields of cooperation listed in paragraph 1 of this Article are set out in annex 6. (3) At the request of either party, the two parties may expand the scope and content of cooperation in trade and investment facilitation (4) Any new cooperation fields or content concluded under paragraph 3 of this Article shall be added to Annex 6. Chapter VI Other Provisions Article 18 Exceptions The Arrangement and the provisions in its annexes shall not affect the ability of the Mainland or Macao to maintain or to adopt exception Article 19 Institutional Arrangements (1) The two parties shall establish a Joint Steering Committee (hereinafter referred to as the “Committee”). The Committee shall comprise (2) Liaison offices shall be set up under the Committee. Working groups may be set up as the need arises. Liaison offices shall be set (3) The functions of the Committee include: (i) supervising the implementation of the Arrangement; (ii) interpreting the provisions of the Arrangement; (iii) settling disputes that may arise during the implementation of the Arrangement; (iv) drafting additions and amendments to the content of the Arrangement; (v) steering the work of the working groups; (vi) dealing with any other business relating to the Arrangement. (4) The Committee shall convene meetings at least once a year, and may convene special meetings within 30 days upon request by either (5) The two parties shall settle any problems arising from the interpretation or implementation of the Arrangement through consultation Article 20 Miscellaneous (1) Unless otherwise provided in the Arrangement, any action taken under it shall not affect or nullify either party’s rights and obligations (2) The two parties shall try to avoid adding any restrictive measures affecting the implementation of the Arrangement. Article 21 Annexes The Annexes to the Arrangement form an integral part of the Arrangement. Article 22 Amendments If necessary, the two parties may amend the provisions of the Arrangement or its Annexes in writing. Any amendment shall not come Article 23 Coming into Effect The Arrangement shall come into effect as of the date of signature by the representatives of both parties. The Arrangement shall be written in Chinese, in duplicate. The Arrangement shall be signed on October 17, 2003 in Macao. Vice Minister of the Ministry of Commerce of the People’s Republic of China General Director of Economic and Financial Department of Macao Special Administrative Region of the People’s Republic of China (i) In this Arrangement, the Mainland refers to the entire customs territory of the People’s Republic of China. |
Ministry of Commerce
2003-10-17