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e02773
the State Development and Reform Commission, the Ministry of Commerce
Order of the State Development and Reform Commission, the Ministry of Commerce of the People’s Republic of China
No.24
The Catalogue for the Guidance of Foreign Investment Industries and its Attachment have been amended and are promulgated now for the
purpose of meeting the need of economy and social development and adjustment of industrial structure, and shall come into force on
January 1st, 2005. The Catalogue for the Guidance of Foreign Investment Industries which was promulgated by the former State Development
Planning Commission, the former State Economy and Trade Commission and the former Ministry of Foreign Trade and Economic Cooperation
on March 11, 2002 shall be annulled at the same time.
Ma Kai, Director of the State Development and Reform Commission
Bo Xilai, Minister of the Ministry of Commerce
November 30, 2004
Catalogue for the Guidance of Foreign Investment Industries (Amended in 2004) Catalogue of Encouraged Foreign Investment Industries
I.
Farming, Forestry, Animal Husbandry and Fishery Industries
1.
Improvement of low and medium yielding field
2.
Planting technology, without social effects of pollution, of vegetables (including edible fungus and melon-watermelon), fruits, teas
and serial development and production of these products
3.
Development and production of new breed varieties (excluding those gene-modified varieties) of fine quality, high-yielding crops such
as sugar-yielding crops, fruit trees, flowers and plants, forage grass and related new techniques
4.
Production of flowers and plants, and construction and operation of nursery base
5.
Reusing in fields and comprehensive utilization of straws and stalks of crop, development and production of resources of organic fertilizers
6.
Cultivation of traditional Chinese medicines (equity joint ventures or contractual joint ventures only)
7.
Planting of forest trees (including bamboo) and cultivation of fine strains of forest trees
8.
Planting of caoutchoucs, sisals and coffees
9.
Breeding of quality varieties of breeder animals, breeder birds and aquatic offspring (excluding precious quality varieties peculiar
to China)
10.
Breeding of famous, special and fine aquatic products, as well as cage culture in deep water
11.
Construction and operation of ecological environment protection projects preventing and treating desertification and soil erosion
such as planting trees and grasses, etc.
II.
Mining and Quarrying Industries
*1.
Venture prospecting and exploitation of petroleum, natural gas
*2.
Exploitation of oil and gas deposits (fields) with low osmosis
*3.
Development and application of new technologies that can increase the recovery factor of crude oil
*4.
Development and application of new technologies for prospecting and exploitation of petroleum, such as geophysical prospecting, well
drilling, well-logging and downhole operation, etc.
5.
Prospecting and exploitation of coal and associated resources
6.
Prospecting and exploitation of coal-bed gas
7.
Exploration and beneficiation of gold mines with low quality or difficult to beneficiate (equity joint ventures or contractual joint
ventures only)
8.
Prospecting, exploitation, and beneficiation of iron ores and manganese ores
9.
Prospecting and exploitation of copper ores, plumbum ores and zinc ores (equity joint ventures or contractual joint ventures only,
wholly foreign-owned enterprises are permitted in west regions)
10.
Prospecting and mining of aluminum ores (equity joint ventures or contractual joint ventures only, wholly foreign-owned enterprises
are permitted in west regions)
11.
Mining and beneficiation of chemical mines including sulfur ores, phosphate ores, kalium ores, etc.
III.
Manufacturing Industries
1.
Food Processing Industry
(1)
Storage and processing of food, vegetables, fruits, fowl and livestock products
(2)
Aquatic products processing, seashell products cleansing and processing, and development of function food made from seaweed
(3)
Development and production of drinks of fruits, vegetables, albumen, teas and coffees
(4)
Development and production of fond for babies and agedness, as well as function food
(5)
Production of dairy products
(6)
Development and production of biology feeds and albumen feeds
2.
Tobacco Processing Industry
(1)
Production of secondary cellulose acetate and processing of tows
(2)
Production of tobacco slices in the way of paper making
3.
Textile Industry
(1)
Production of special textiles for engineering use
(2)
Weaving and dyeing as well as post dressing of high-grade loomage face fabric
4.
Leather, Coat Products Industry
(1)
Processing of wet blue skin of pig, cow and sheep with new technology
(2)
Post ornament and processing of bather with new technology
5.
Lumber Processing Industry and Bamboo, Bine, Palm, Grass Products Industry
(1)
Development and production of new technology and products for the comprehensive utilization of “sub-quality, small wood and fuel wood”
and bamboo in the forest area
6.
Paper Making and Paper Products Industry
(1)
Project based on the mode of integration of forest and paper with an annual production capacity of over 300 thousand tons of chemical
wood pulp or an annual production capacity of over 100 thousand tons of chemical mechanical wood pulp (equity joint ventures or contractual
joint ventures only)
(2)
Production of high-quality paper and cardboard (equity joint ventures or contractual joint ventures only)
7.
Petroleum Refining and Coking Industry
(1)
Deep processing of needle coke and coal tar
(2)
Production of heavy traffic road asphalt
8.
Chemical Raw Material and Products Manufacturing Industry
(1)
Production of alkene through catalyzing and cracking of heavy oil
(2)
Production of ethylene with an annual production capacity of 600 thousand tons or over (the Chinese partners shall hold relative majority
of shares)
(3)
Comprehensive utilization of ethylene side-products such as C5-C9
(4)
Mass production of corvic (in the way of ethylene)
(5)
Production of organochlorine serial chemical industrial products (excluding high-residual organochlorine products)
(6)
Production of basic organic chemical industrial raw materials such as the of benzene, methylbenzenc, dimethylobenzene, etc. and its
derivatives
(7)
Production of supporting raw materials for synthesized materials (bisphenol-A, (4)’ diphenylmethane, diiso-cyan ester, and vulcabond
toluene)
(8)
Production of synthetic fibre raw materials: precision terephthalic acid, vinyl cyanide, caprolactam and nylon 66 salt
(9)
Production of synthetic rubber (liquid butadiene styrene rubber by butadiene method, butyl rubber, isoamyl rubber, butadiene neoprene
rubber, butadiene rubber, acrylic rubber, chlorophydrin rubber)
(10)
Production of engineering plastics and plastic alloys
(11)
Fine chemistry industry: new products and technology for catalytic agent, auxiliary and pigment; processing technology for the commercialization
of dye (pigment); production of high-tech chemicals for electronics and paper-making, food additives, feed additives, leather chemical
products, oil-well auxiliaries, surface active agent, water treatment agent, adhesivcs, inorganic fibre, inorganic powder stuffing
and equipment
(12)
Production of auxiliary agent, preparation agent, and dye-stuff for textile and chemical fibre ladder
(13)
Production of depurant of automobile tail gas, catalyzer and other assistant agents
(14)
Production of nature spices, synthetic spices and single ion spices
(15)
Production of high capability dope
(16)
Production of chloridized titanium white
(17)
Production of chlorofluorocarbon substitution
(18)
Production of mass coal chemical industrial products
(19)
Development and production of new technology and products for the forestry chemicals
(20)
Production of ion film for caustic soda
(21)
Production of biologic fertilizers, high-density fertilizers (potash fertilizer, phosphate fertilizer) and compound fertilizers
(22)
Development and production of new varieties of effective, low poison and low residual agriculture chemicals and pesticides
(23)
Development and production of biology agriculture chemicals and pesticides
(24)
Development and production of inorganic, organic and biologic films for environment protection
(25)
Comprehensive utilization and disposure of exhaust gas, discharge liquid, waste residue
9.
Medicine Industry
(1)
Production of material medicines under patent and administrative protection in our country or chemical material medicines which we
have to import
(2)
Vitamins: production of niacin
(3)
Amino acid: production of serine, tryptophan, histidine, etc.
(4)
Production of analgesic-antipyretic medicines with new technique and new equipment
(5)
Production of new variety of anticarcinogen medicines, as well as cardiovascular and cerebrovascular medicines
(6)
Production of new, effective and economical contraceptive medicines and devices
(7)
Production of new variety of medicines which are produced by means of biological engineering technology
(8)
Production of vaccine through genie engineering technology (vaccine against AIDS, vaccine against type-C hepatitis, contraceptive
vaccine, etc.)
(9)
Development and production of medicines made from allopelagics
(10)
Production of diagnostic reagent for AIDS and radioimmunity diseases
(11)
Medicines and pharmaceutics: production of new products and new dosage forms adopting new techniques such as slow release, control
release, target preparation and absorbed through skins
(12)
Development and applications of new variety of adjuvant medicines
(13)
Processing and production of traditional Chinese herb medicines, products which distill from traditional Chinese herb medicines and
Chinese patent medicines (excluding preparing technique of traditional Chinese medicines in small pieces ready for decoction)
(14)
Production of biological medical materials and products
(15)
Production of antibiotic material medicines used for animals (including antibiotics and chemical synthesis medicines)
(16)
Development and production of new products and new dosage forms of antibiotic medical, anthelmintic, insecticide, anti-coccidiosis
medicines used for animals
10.
Chemical Fibre Manufacturing Industry
(1)
Production of differential chemical fibre and high, new technological fibre such as aromatic synthetic fibre, functional environment-amicable
ammo synthetic fibre with an annual production capacity of over 5000 tons, carbon fibre, high tensible and high modulus polythene
(2)
Production of chemical fibre of environmental protection variety such as direct viscose and asepsis spinning, etc.
(3)
Production of polyester used for non-fibre with a daily production capacity of over 500 tons, and production of new type polyester
used for fibre and non-fibre (poly terephthalic acid propylene glycol ester, poly sebacic acid glycol ester, polybutylene terephthalate(PBT),
etc.)
11.
Plastic Products Industry
(1)
Production of polyamide film which can keep fresh
(2)
Development and production of new products and new technologies for agricultural films (photolysis film, multifunctional film and
the raw materials, etc.)
(3)
Reutilization and counteraction of waste and old plastic
12.
Non-metal Mineral Products Processing Industry
(1)
Production of fine-quality floating glass with a daily melting capacity of 500 tons or over (only in mid-west region of China)
(2)
Production of new type dry process cement of clinker with a daily output capacity of 2,000 tons or over (only in midwest region of
China)
(3)
Production of glass fibre (product line with technology of wire drawing in tank furnace) and glass fibre reinforced plastic products
with an annual capacity of 10,000 tons or more
(4)
Production of high level sanitation porcelain with an annual production of 500,000 pieces or over
(5)
Standardization refine of ceramic material and production of high-level decorative materials used for ceramics
(6)
Production of high-level refractory material used in furnaces for glass, ceramics and glass fibre
(7)
Production of inorganic, non-metal materials and products (artificial crystal, high-capability complex materials, special kind of
glass, special kind of ceramics, special kind of airproof materials and special kinds of cementation materials)
(8)
Production of new type of building materials (lightweight high-intensity and multi-function materials for wall, high-level environment
protecting decorating and finishing materials, high quality water-proof and airproof materials, and effective thermal insulation
materials)
(9)
Deep processing of non-metal mineral products (super-thin comminution, high level pure, fine production, modification)
13.
Ferrous Metallurgical Smelting and Rolling Processing Industry
(1)
Production of direct and fusion reduced iron
14.
Non-Ferrous Metallurgical Smelting and Rolling Processing Industry
(1)
Smelting of gold mines with low quality or difficult to beneficiate (equity joint ventures or contractual joint ventures only, wholly
foreign-owned enterprises are permitted in west regions)
(2)
Production of hard alloy, tin compound and antimony compound
(3)
Production of non-ferrous composite materials, new type of alloy materials
(4)
Utilization of rare-earth
15.
Metal Products Industry
(1)
Design and manufacturing of non-metal products molds
(2)
Design and manufacturing of car and motorcycle molds (including plunger die, injection mold, moldingdie, etc.) and chucking appliances
(chucking appliances for welding, inspection jig, etc.)
(3)
Development and production of high-grade hardware for construction, hot-water heating equipment and hardware parts
16.
General Machine-building Industry
(1)
Manufacturing of numerically controlled machine tools, digital control system and servomechanism installations which exceed triaxiality
linkage
(2)
Manufacturing of high performance welding robot and effective welding and assembling production equipment
(3)
Production of high temperature resistant and insulation material (with F, H insulation class), as well as insulation shaped parts
(4)
Production with techniques of proportional, servo-hydraulic pressure, low-power pneumatic control valve and stuffing static seal
(5)
Production of precision plunger dies, precision cavity molds and standard components of molds
(6)
Manufacturing of precision hearings and all kinds of bearings used specially for principal machines
(7)
Manufacturing of casting and forging workblanks for cars and motorcycles
17.
Special Equipment Manufacturing
(1)
Development and manufacturing of new technology and equipment for the storage, preservation, classifying, packing, drying, transporting
and processing of food, cotton, oil, vegetables, fruits, flowers, pastura plants, meat and aqua-products
(2)
Manufacturing of facility agriculture equipment
(3)
Manufacturing of new technical agriculture and forestry equipment
(4)
Design and manufacturing of engines for tractors, combine harvesters, etc.
(5)
Manufacturing of equipment for reusing in fields and comprehensive utilization of straws and stalks of crop
(6)
Manufacturing of equipment for comprehensive utilization of waste agriculture products and waste fowl and livestock products which
are bred in scale
(7)
Manufacturing of water-saving irrigation equipment with new technique
(8)
Manufacturing of earthwork for wet land and desilting machines
(9)
Technology of hydrophily ecological system for protecting environment and equipment manufacturing
(10)
Manufacturing of equipment for scheduling system which is used in long-distance transmitting water engineering
(11)
Manufacturing of special machines and equipment for flood prevention and emergency rescue
(12)
Manufacturing of key equipment in food industry such as high-speed asepsis canning equipment and brander equipment, etc.
(13)
Production technology and key equipment manufacturing of aminophenol, zymin, food additive
(14)
Manufacturing of complete set equipment with a hourly feed processing capacity of 10 tons or more and key spare parts
(15)
Manufacturing of multi-color offset press for web and folio of paper or larger size
(16)
Manufacturing of equipment with new technique for post ornament and processing of leather
(17)
Manufacturing of high-tech involved special industrial sewing machines
(18)
Manufacturing of complete set of equipment of new type of knitting machines, new type of paper (including pulp) making machines
(19)
Design and manufacturing of new type of mechanical equipment for highways and ports
(20)
Manufacturing of equipment for highways and bridges maintenance, automatic detection
(21)
Manufacturing of equipment for operation supervisory control, ventilation, disaster prevention and rescue system of highway and tunnels
(22)
Design and manufacturing of large equipment for railway construction and maintenance
(23)
Manufacturing of equipment for garden machines and tools with new technique
(24)
Manufacturing of special equipment for cities’ sanitation and environment work
(25)
Manufacturing of machines for road milling and overhauling
(26)
Manufacturing of tunneling diggers, equipment of covered digging for city metro
(27)
Manufacturing of city sewage-disposal equipment with capacity of 80,000 tons/day or more, industrial sewage film treatment equipment,
up-flow anaerobic tluidized bed equipment, and other biological sewage disposal equipment, recycling equipment for waste plastics,
desulphurization and denitration equipment for industrial boiler, large high-temperature resistant, acid resistant bag dust remover,
incinerating equipment for rubbish treatment
(28)
Manufacturing of turbine compressors and combined comminutors of the complete set equipment with an annual production capacity of
300,000 tons or over of synthetic ammonia, 480,000 tons or over of urea, 450,000 tons or over ethylene
(29)
Technique for desulfurization of thermal power station and equipment manufacturing
(30)
Manufacturing of sheet conticasters
(31)
Deep processing technique and equipment manufacturing of plate glass
(32)
Manufacturing of equipment for downhole trackless mining, loading and transporting, mechanical power-driven dump trucks for mining
of 100 tons or over, mobile crushers, 3,000 m3 /h or over bucket excavator, 5 m3 or larger mining loader, full-section tunneling
machines
(33)
Design and manufacturing of new instruments and equipment for prospecting and exploitation of petroleum
(34)
Manufacturing of cleaning equipment for electromechanical wells and production of medical
(35)
Manufacturing of electronic endoscopes
(36)
Manufacturing of medical X-ray machines set with high-frequency technique, direct digital imagery processing technique and low radiation
(80kW or over)
(37)
Manufacturing of equipment for high magnetic field intensity and superconduct (MRI)
(38)
Manufacturing of machines for collecting blood plasm only
(39)
Manufacturing of equipment for auto elisa immuno system (including the functions of application of sample, elisa photo meter, wash
plate, incubation, data, post treatment, etc.)
(40)
New techniques of quality control of medicine products and new equipment manufacturing
(41)
New analytical techniques and extraction technologies, and equipment development and manufacturing for the effective parts of traditional
Chinese medicines
(42)
Producing and manufacturing of new packing materials, new containers for medicine, and advanced medicine producing equipment
18.
Communication and Transportation Equipment Industries
*(1)
Manufacture of complete automobiles (including R&D activities)
(2)
Manufacture of engines for automobiles (including R&D activities)
(3)
Manufacture of key spare parts for automobiles: complete disc brakes, complete driving rods, automatic gearboxes, fuel pumps of diesel
engine, inhalant supercharger of engines, electromotion steering system, adhesive axial organ(used for four-wheel drive), gas filling
vibration abosorber,air spring, hydraulic tappet, cluster gauge
(4)
Production of automobile electronic devices(including engine control system, underchassis control system, autocar body electric control
system)
(5)
Manufacture of vehicles for special-purpose in petroleum industry: vehicles for deserts, etc.
(6)
Technology and equipment for railway transportation: design and production of locomotives and main parts, design and production of
equipment for railways and bridges, related technology and equipment production for rapid transit railway, production of equipment
for communicational signals and transportation safety monitoring, production of electric railway equipment and instrument
(7)
Equipment for urban rapid transit track transportation: design and manufacture of sc( of powered car and main parts for metro, city
light rail
(8)
Design and manufacture of civil planes (Chinese partner shall hold the majority of shares)
(9)
Production of spares parts for civil planes
(10)
Design and manufacture of civil helicopters {Chinese partner shall hold the majority of shares)
(11)
Design and manufacture of aeroplane engines (Chinese partner shall hold the majority of shares)
(12)
Design and manufacture of civil air-borne equipment (Chinese partner shall hold the majority of shares)
(13)
Manufacture of light gas-turbine engine
(14)
Design and manufacture of crankshafts of low-speed diesel engine for vessel
(15)
Repairing, design and manufacture of special vessels, high-performance vessels (the Chinese party shall hold the relative majority
of shares)
(16)
Design and manufacture of the equipment and accessories of high-speed diesel engines, auxiliary engines, radio communication and navigation
for vessels (the Chinese party should hold relative majority shares)
(17)
Manufacture of fishing boats and yachts made of glass fibre reinforced plastic
19.
Electric Machinery and Equipment Industries
(1)
Fire power equipment: manufacture of super-critical units of over 600,000 KW, large gas turbines, gas-steam combined cycle power equipments
of over 100,000 KW, coal gasification combined cycle technique and equipment (IGCC), pressure boost fluidized bed (PFBC), large scale
air cooling generating units of over 600,000 KW, large scale cycle fluidized bed (CFB) boiler(limited to equity joint ventures and
cooperative joint ventures)
(2)
Hydropower plant equipment: manufacture of large pump-storage power units of 150,000kW and over, large tubular turbine units of 150,000KW
or over (equity joint ventures or contractual joint ventures only)
(3)
Nuclear-power plant equipment: manufacture of power units of 600,000KW or over (equity joint ventures or contractual joint ventures
only)
(4)
Power transmitting and transforming equipment: manufacture of super high-voltage DC power transmitting and transforming equipment
of 500 KW or over (equity joint ventures or contractual joint ventures only)
20.
Electronic and Telecommunications Industries
(1)
Manufacture of digital television, digital video camera, digital record player, digital sound-playing equipment
(2)
Manufacture of new type plate displays, medium and high resolution color kinescope and glass shielding
(3)
Manufacture of devices, such as key optic engine, light source, projection screen, high resolution projection tube and LCOS module
used in large screen color projection display
(4)
Manufacture of digital audio and visual coding or decoding equipment, digital broadcasting TV studio equipment, digital cable TV system
equipment, digital audio broadcast transmission equipment
(5)
Design of integrated circuit and production of large scale integrated circuit with a line width of 0.35 micron or smaller
(6)
Manufacture of medium- and large-sized computers, portable microcomputers, high-grade server
(7)
Development and manufacture of drivers of high capacity compact disk and disk and related parts
(8)
Manufacture of 3-dimension CAD, CAT, CAM, CAE and other computer application system
(9)
Development and manufacture of software
(10)
Development and production of materials specific for semi-conductor and components
(11)
Manufacture of electronic equipment, testing equipment, tools and moulds
(12)
Manufacture of new type electronic components and parts (slice components, sensitive components, sensors, frequency monitoring and
selecting components, hybrid integrated circuit, electrical and electronic components, photoelectric components, new type components
for machinery and electronics)
(13)
Manufacture of hi-tech green batteries: non-mercury alkali-manganese batteries, powered nickel-hydrogen batteries, lithium-ion batteries,
high-capacity wholly sealed maintenance-proof lead-acid accumulators, fuel batteries, pillar-shaped zinc-air batteries
(14)
Development and manufacture of key components for high-density digital compact disk driver
(15)
Reproduction of read-only compact disk and manufacture of recordable compact disk
(16)
Design and manufacture of civil satellites {Chinese partner shall hold the majority of shares)
(17)
Manufacture of civil satellites effective payload (Chinese partner shall hold the majority of shares)
(18)
Manufacture of spare pans for civil satellites
(19)
Design and manufacture of civil carrier rockets (Chinese partner shall hold the majority of shares)
(20)
Manufacture of telecommunication system equipment for satellites
(21)
Manufac
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Supplementary Agreement No 3 to Macao/Mainland Closer Economic Partnership Arrangement
The Ministry of Commerce
June 26, 2006
For the purpose of further enhancing the level of economic and trade exchanges and cooperation between the Mainland (which refers
to all the tariff territory of the People’s Republic of China in CEPA) and Macao SAR (hereinafter referred to as “Macao”), and in
accordance with the Mainland and Macao Closer Economic Partnership Arrangement (hereinafter referred to as “CEPA”) signed on October
17, 2003, the Supplementary Agreement to CEPA as signed on October 29, 2004 as well as the Supplementary Agreement No. 2 to CEPA
as signed on October 21, 2005, two sides agreed to sign the present Supplementary Agreement to further expand the trade in services
in the Mainland for Macao and to enhance the cooperation between two sides in the field of trade and investment facilitation.
1.
Trade in Services
(1)
The market access requirements shall be further relaxed by the Mainland as of January 1, 2007 in the fields of law, construction,
exhibition, audio and video, distribution, tourism, transportation and individual industry and commerce on the basis of the commitments
to open the trade in services in CEPA, the Supplementary Agreement to CEPA, and the Supplementary Agreement NO. 2 to CEPA. Specific
contents are stated in the Appendixes of the present Agreement.
(2)
The present Agreement Appendixes supply and amend Table 1 of Appendix 4 of CEPA (The Mainland’s Specific Commitments for Opening the
Trade in Services to Macao), Appendix 3 of the Supplementary Agreement to CEPA (The Supplement and Amendment to the Mainland’s Specific
Commitments for Opening the Trade in Services to Macao) and Appendix 2 of the Supplementary Agreement No. 2 to CEPA (The Supplement
and Amendment No. 2 to the Mainland’s Specific Commitments for Opening the Trade in Services to Macao). In the case of any conflict
between the provisions of the above-mentioned three instruments, the provisions in the present Agreement Appendixes shall prevail.
(3)
Service suppliers as referred to in the present Agreement Appendixes shall meet the related requirements as provided for in Appendix
5 of “CEPA” (Definition of Service Supplier and Relevant Requirements).
2.
Trade and Investment Facilitation
(1)
For the purpose of supporting and coordinating appropriate diversity of Macao industrial structure and promoting the exhibition industrial
development of two sides, two sides have agreed unanimously to complementally incorporate the exhibition industry cooperation into
the field of trade and investment facilitation in CEPA, and accordingly, Article 9 in the CEPA Appendix 6 is amended as:
“Two sides have realized that the reinforcement of industrial cooperation and exchanges will be beneficial to the industry as well
as the whole social and economic development of two sides in accordance with the principle of complementary strengths. And two sides
will implement cooperation in Chinese medicine industry and exhibition industry, and are also considering to implement special cooperation
in other industries at an appropriate time.”
(2)
For the purpose of promoting the two sides cooperation in the field of intellectual property protection, two sides have agreed unanimously
to incorporate the intellectual property protection into the field of trade and investment facilitation in CEPA, and accordingly:
a. Paragraph 1 of Article 17 of CEPA shall be amended as:
“(1) Two sides will promote cooperation in areas as follows:
(a)
trade and investment promotion;
(b)
customs facilitation;
(c)
commodity inspection, inspection and quarantine of animals and plants, food security, health quarantine, certification and standardization
management;
(d)
electronic commerce;
(e)
transparency in laws and regulations;
(f)
small and medium-sized enterprises cooperation;
(g)
industrial cooperation; and
(h)
intellectual property protection.”
b. Article 2 of the CEPA Appendix 6 shall be amended as:
“II. Two sides consent to implement the cooperation of trade and investment facilitation in such eight fields as trade and investment
promotion, customs facilitation, commodity inspection, inspection and quarantine of animals and plants, food safety, health quarantine,
certification and standardization management, electronic commerce, transparency in laws and regulations, small and medium-sized enterprise
cooperation, industrial cooperation, and intellectual property protection. And the related cooperation shall be implemented under
the guidance and coordination of the joint guidance committee established under Article 19 of CEPA.”
c. One article shall be added to CEPA Appendix 6 as Article 10 , and the sequential numbers of the following articles shall be changed
accordingly. The Article 10 shall be:
“X. Intellectual Property Protection
Two sides have realized that the reinforcement of intellectual property protection has an reaching importance for promoting economic
development of two sides as well as the economic trade exchanges and cooperation of two sides, and consent to enhance the cooperation
in the field of intellectual property protection.
(1)
Cooperation Mechanism
The cooperation of two sides in the field of intellectual property protection shall be enhanced through the cooperation mechanism
between the governments of two sides.
(2)
Contents of Cooperation
Two sides consent to enhance the cooperation in the areas as follows:
(a)
conducting exchanges and communications of the information concerning intellectual property protection through the establishment of
a mediation center for protecting intellectual property in Macao;
(b)
exchanging information in respect of the formulation and implementation of laws and regulations concerning protecting intellectual
property;
(c)
sharing materials and information concerning intellectual property protection through implementing inspections, holding seminars,
publishing related publications or other ways; and
(d)
implementing consultations for the matters derived from intellectual property protection.”
3.
Appendixes
The Appendixes of the present Agreement form an integral part of the present Agreement.
4.
Entry into Force
The present Agreement shall enter into force as from the signature date by the representatives of two sides.
Done in Chinese in duplicate.
Signed in Macao on June 26, 2006.
Mr. Liao Xiaoqi (signature)
Vice Minister of the Ministry of Commerce of the People’s Republic of China
Mr. Tam Pak Yuen (Signature)
Secretary for the Economy and Finance of Macao SAR of the People’s Republic of China
Appendix
Appendix:
Supplement and Amendment No. 3 to
the Mainlands Specific Commitments for Opening the Trade in Service to Macao
(The category of service sectors
(GNS/W/120) as prescribed in the General Agreement on Trade in Services of the
WTO shall apply
to the category of service sectors herein. The corresponding
classification of central products by the United Nations (CPC, United
Nations
Provisional Central Product Classification) shall be referred to for the
contents of the sectors).
|
Sector or
sub-sector |
1. Business
services |
|
A.
Specialized services |
|
a. Legal
services (CPC861) |
|
Specific
commitments |
1.In the
law offices within the Mainland that conduct joint business with
those in Macao, there is no requirement for the
number of full-time
lawyers.
2. There is no
requirement for the time of residence of the representatives of
Macao law offices stationed in Mainland representative
offices.
3. Any Macao
resident having obtained the qualification of Mainland lawyers or
legal profession as well as the lawyers practicing
license is
allowed to act as an agent of Macao-related marriage and inheritance
cases with the identity of Mainland lawyers.
4. With the identity
of a citizen, any Macao lawyer is allowed to act as an agent of
Mainland civil cases. |
|
Sector or
sub-sector |
1. Business
services |
|
A.
Specialized services |
|
Project
cost advisory services |
|
Specific
commitments |
1.Any Macao
service supplier is allowed for the establishment of a solely-funded
project cost advisory enterprise.
2. The performances
of a Macao service supplier in Macao and Mainland can jointly be the
basis for the assessment of its application
qualification for
establishing project cost advisory enterprises within the Mainland.
|
|
Sector or
sub-sector |
1. Business
services |
|
F. Other
business services |
|
Conference and exhibition services (CPC87909) |
|
Specific
commitments |
Macao
service suppliers are allowed to establish solely-funded
enterprises, contractual and equity joint ventures within the
Mainland for providing exhibition services in Macao and Hong Kong.
|
|
Sector or
sub-sector |
2.
Telecommunication services |
|
D.
Audiovisual services |
|
Services
of videotape distribution(CPC83202),
and services of audio products distribution
Services of cinema
Films in Chinese
and films as produced cooperatively
Cable TV technical
services
TV plays produced
cooperatively
Others |
|
Specific
commitments |
The State
Administration of Radio, Film and Television will transfer the power
to examine the completed domestic teleplays
produced by the entities
affiliated to the province, autonomous region or municipality
directly under the Central Government
and participated in by Macao
acting and administrative staff to the provincial administrative
department of radio, film and
television. |
|
Sector or
sub-sector |
4.
Distribution services |
|
A.
Commission agency services (excluding salt and tobacco)
B. Wholesale
services (excluding salt and tobacco)
C. Retail services
(excluding tobacco)
D. Franchising |
|
Specific
commitments |
Where a
Macao service supplier has set up more than 30 stores in the
Mainland accumulatively, and engaged in the business
of books,
newspapers, magazines, medicine, pesticide, farming film,
fertilizer, grain, edible oil, sugar, cotton, etc. that
have
different trademarks and are provided by different suppliers, the
Macao service supplier is allowed to hold a controlling
amount of
shares and make less than 65% of contributions. ( If the Macao
service supplier engages in refined oil, it shall
be handled in
accordance with the commitments made to WTO members by the
Mainland.) |
|
Sector or
sub-sector |
9. Tourism
and relevant services |
|
A. Hotels
(including apartments) and restaurants (CPC641-643)
B. Travel agencies
and tour operators (CPC7471)
C. Others |
|
Specific
commitments |
A Macao
solely-funded or joint venture travel agency in Guangdong Province
is allowed to make application for engaging in
team travel services
for Guangdong residents (residents with the official residence of
Guangdong Province) to Macao and Hong
Kong. |
|
Sector or
sub-sector |
11.
Transport services |
|
C. Air
transport services |
|
Airport
management services (excluding the loading and unloading of goods)
(CPC74610)
Other supporting
services for air transport (CPC74690)
Sales of air
services and marketing services |
|
Specific
commitments |
A Macao
aviation sales agent is allowed to set up solely-funded air
transport sales agency enterprises in the Mainland subject
to the
same requirement of registered capital as that for Mainland
enterprises. |
|
Sector or
sub-sector |
11.
Transport services |
|
F. Highway
transport services |
|
Highway
transport by truck and automobile (CPC7123)
Highway passenger
transport (CPC7121,7122)
Highway freight
transport station (field)
Vehicle
maintenance |
|
Specific
commitments |
A Macao
service supplier is allowed to set up solely-funded enterprises in
the Mainland for conducting the following highway
transport
services:
Highway freight
transport station (field); and Vehicle maintenance |
|
Sector or
sub-sector |
Any sector
that hasnt been listed in the category of service sector(GNS/W/120) |
|
Individual
industrial and commercial household |
|
Specific
commitments |
A Macao
permanent resident with Chinese citizenship is allowed to establish
an individual industrial and commercial household
in any province,
autonomous region, or municipality directly under the Central
Government in the Mainland under the relevant
laws, regulations and
administrative rules, and is not subject to the examination and
approval for foreign investment. The
relevant business scope covers
farming, husbandry, aquaculture, computer repair services, and
promotion and exchange of science
and technology, but does not cover
any franchise operation. The practitioners thereof shall not be more
than 8 persons. |
|
Announcement No.39, 2006 of the General Administration of Customs of the People’s Republic of China concerning Carrying Out Provisional
Anti-dumping Measures on Imported Nonyl Phenol Originating from India and Taiwan Region
No. 39 [2006]
In accordance with Anti-dumping Regulations of the People’s Republic of China and results of anti-dumping investigation on imported
Nonyl Phenol originating from India and Taiwan region, Ministry of Commerce decided carry out provisional anti-dumping measures on
imported Nonyl Phenol originating from India and Taiwan region and released Announcement No.51, 2006 of Ministry of Commerce (See
Appendix 1 for details). Related matters are announced as follows:
1.
As from July 10, 2006, besides Customs duties and value-added tax of import in line with the current regulations, related departments
will impose anti-dumping deposits on imported Nonyl Phenol (Tariff No.: 29071310 ) originating from India and Taiwan region in line
with rates of anti-dumping deposits (See Appendix 2 for details), different suppliers with different rates of anti-dumping deposits:
Anti-dumping deposit = (price after customs duty * rate of anti-dumping deposit)*(1+ rate of value-added tax of import)
2.
Importers must provide certificate of origin to Customs for import of Nonyl Phenol; in case the commodities are from India and Taiwan
region, commercial invoices from the original manufacturers are required as well. For those cannot provide the certificate of origin,
the Customs will impose an anti-dumping deposit in accordance with the highest rate of anti-dumping deposit listed in Appendix 2
when failing to assure that the commodities are from India and Taiwan region after investigation. In case the commodities are from
India and Taiwan region, but import operators cannot provide commercial invoices from the original manufacturers, the Customs will
levy an anti-dumping deposit in accordance with rate of anti-dumping deposit of other companies of relevant countries listed in Appendix
2.
3.
Related issues on anti-dumping deposits on Nonyl Phenol originating from India and Taiwan region of processing trade bonded import
are subject to Announcement No.9, 2001 of General Administration of Customs of the People’s Republic of China and Decree No.111 of
General Administration of Customs of the People’s Republic of China.
4.
General Administration of Customs will separately release announcement on disposal of anti-dumping deposits in accordance with arbitration
results.
5.
During valid period of the provisional anti-dumping measures of the imported Nonyl Phenol, if encounter the same or similar commodities
which the Customs cannot make sure whether to impose an anti-dumping deposit on or not, please apply to Ministry of Commerce for
judgment. The Customs will act in accordance with judgment of Ministry of Commerce.
Appendix:
1.
Announcement No.51, 2006 of Ministry of Commerce of the People’s Republic of China (omitted)
2.
Form of Rate of Anti-dumping Deposit of Nonyl Phenol (omitted)
General Administration of Customs
July 7, 2006
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General Administration of Customs
2006-07-07
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Circular of the State Administration of Taxation on Transmitting the Circular of General Administration of Customs on Relevant Issues
concerning the Resumption of the Issuance of Couplet of Certification of Declaration Bill for Export Goods on Gold and its Ornamental
Articles
Guo Shui Han [2006] No. 814
Bureaus of State Taxes in all provinces, autonomous regions, municipalities directly under the Central Government and cities specially
designated in the State plan:
In order to solve the problem that some export enterprises are unable to go through the formalities of tax exemption for the export
of products containing gold, the General Administration of Customs, after discussions, released the Circular of General Administration
of Customs on Relevant Issues concerning the Resumption of the Issuance of Couplet of Certification of Declaration Bill for Export
Goods on Gold and its Ornamental Articles (Shu Jian Fa [2006] No. 313). And this document coded Shu Jian Fa [2006] No. 313 is hereby
transmitted to you, please implement it in accordance with relevant provisions.
Where the Couplet of Export Rebate of the Declaration Bill for Export Goods for the relevant products containing gold before the release
of the document coded Shu Jian Fa [2006] No. 313 is unable to de acquired due to the implementation of the Circular of the General
Administration of Customs on Suspending the Issuance of the Couplet of Export Rebate Certification of the Declaration Bill for Export
Goods on Gold Raw Materials of Gold Ornamental Articles (Shu Tong [2000] No. 486), the export enterprise concerned shall be allowed
to go through the formalities of tax exemption with the relevant certifications issued by the customs authorities and the special
invoice for value-added tax, the verifying and writing-off instrument for received foreign exchange and other evidentiary documents.
Annex: Circular of General Administration of Customs on Relevant Issues concerning the Resumption of the Issuance of Couplet of Certification
of Declaration Bill for Export Goods on Gold and its Ornamental Articles
State Administration of Taxation
August 22, 2006
Annex:
Circular of General Administration of Customs on Relevant Issues concerning the Resumption of the Issuance of Couplet of Certification
of Declaration Bill for Export Goods on Gold and its Ornamental Articles
Shu Jian Fa [2006] No. 313
Guangdong Branch Office, Tianjin and Shanghai Agencies, all the customs authorities directly under the General Administration of Customs,
all educational institutions:
Letter of Shenzhen Customs on Asking for Instruction on the Question of Export Rebate in Relation to Export of Products Containing
Gold (Shen Guan Shen [2006] No. 252) is recently received, and after studies and discussions with the State Administration of Taxation,
a circular is hereby given on relevant issues as follows:
In accordance with the policy provisions that “no rebate shall be given to export of gold and gold raw materials of gold ornamental
articles” in the Circular of the Ministry of Finance, the State Administration of Taxation, and the People’s Bank of China on Relevant
Taxation Provisions concerning the Distribution, Sale and Export of Gold, the General Administration of Customs released the Circular
of the General Administration of Customs on Suspending the Issuance of the Couplet of Export Rebate Certification of the Declaration
Bill for Export Goods on Gold Raw Materials of Gold Ornamental Articles (Shu Tong [2000] No. 486), suspending the issuance of the
Couplet of Certification of the Declaration Bill for Export Goods on export of gold and its ornamental articles.
In 2005 and 2006, the State Administration of Taxation released successively the Circular of the State Administration of Taxation
on the Taxation Policy for the Export of Products Containing Gold (Guo Shui Fa [2005] No. 125), and the Supplementary Circular of
the State Administration of Taxation on Relevant Issues concerning the Carrying-out of a Tax Exemption Policy on Products Containing
Gold (Guo Shui Fa [2006] No. 10), prescribing that “an enterprise, when going through the formalities of value-added tax exemption
for products containing gold, shall provide the Couplet of Certification of Declaration Bill for Export Goods issued by the customs
authorities”.
In order to cooperate with the State Administration of Taxation in carrying out its policy of value-added tax exemption on export
of products containing gold, and after studies, the document coded Shu Tong [2000] No. 486 shall be abolished as of the release of
this Circular, and the issuance of the Couplet of Certification of Declaration Bill for Export Goods (exclusively used for tax rebate)
shall be resumed. With regard to gold and its ornamental articles which are exported before the release of this Circular, the State
Administration of Taxation shall notify the relevant authorities in charge of tax rebate to handle the formalities of value-added
tax exemption and credit upon the relevant invoices provided by the enterprises, and the customs authorities will not reissue the
Couplet of Certification of Declaration Bill for Export Goods.
Please abide by and implement the aforesaid provisions.
General Administration of Customs
August 21, 2006
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