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ANNEX 1a
INFORMATION TO BE PROVIDED BY CHINA
IN THE CONTEXT OF THE TRANSITIONAL REVIEW
MECHANISM
China is requested to provide
information on the following in accordance with Article 18.1 of the Protocol of Accession.
The requested information should be provided annually, except in those cases where China
and the Members agree that it is no longer required for the review.
I. ECONOMIC DATA
(a) most recently available import and
export statistics by value and volume, by supplier country at the HS 8-digit level
(b) current account data on services, by
source and destination in line with the statistical requirements of the IMF
(c) capital account data for inward- and
outward-realized foreign direct investment by source and destination in line with the
statistical requirements of the IMF
(d) the value of tariff revenues,
non-tariff taxes, and other border charges levied exclusively on imports by product or at
the highest level of detail possible, but at least by HS heading (4-digit) at the
beginning of the review mechanism
(e) the value of export
duties/taxes by product
(f) the volume of trade subject to tariff
exemptions by product or at the highest level of detail possible, but at least by HS
heading (4-digit) at the beginning of the review mechanism
(g) the value of commissions, mark ups and
other fees charged on imports subject to state trading or designated trading imposed
through government regulation or guidance, if any
(h) the shares of imports and exports
accounted for by the trading activities of state-owned enterprises
(i) annual economic development
programmes, China's five-year programmes and any industrial or sectoral programmes or
policies (including programmes relating to investment, export, import, productions,
pricing or other targets, if any) promulgated by central and sub-central government
entities
(j) annual receipts under the Value-Added
Tax (VAT), with separate information for imports and domestic products as well as
information on VAT rebates
II. ECONOMIC POLICIES
1. Non-Discrimination (to be notified to
the Council for Trade in Goods)
(a) the repeal and cessation of all WTO
inconsistent laws, regulations and other measures on national treatment
(b) the repeal or modification to provide
full GATT national treatment in respect of laws, regulations and other measures applying
to internal sale, offering for sale, purchase, transportation, distribution or use of:
after sales service, pharmaceutical products, cigarettes, spirits, chemicals and boiler
and pressure vessels (for pharmaceutical products, chemicals and spirits there is a
reservation of the right to use a transitional period of one year from the date of
accession in order to amend or repeal relevant legislation)
2. Foreign Exchange and Payments (to be
notified to the Committee on Balance-of-Payments Restrictions)
(a) exchange measures as required
under Article VIII, Section 5 of the IMF's Articles of Agreement and such other
information on China's exchange measures as was deemed necessary in the context of the
transitional review mechanism
3. Investment Regime (to be notified to
the Committee on Trade-Related Investment Measures)
(a) completed revisions to investment
guidelines in conformity with the WTO Agreement
4. Pricing Policies (to be notified to the
Committee on Subsidies and Countervailing Measures)
(a) application of existing
or any other price controls and the reason for their use
(b) pricing mechanisms of China's state
trading enterprises for exported products
III. FRAMEWORK FOR MAKING AND ENFORCING
POLICIES
1. Structure and Powers of the
Government/Authority of Sub-Central Governments/Uniform Administration (to be notified to
the General Council)
(a) revision or enactment of domestic
laws, regulations and other measures related to China's commitments under the WTO
Agreement and Protocol, including those of local governments at the sub-national level,
that have been promulgated since accession or the previous meeting of the relevant body
under the Transitional Review Mechanism
(b) establishment and operation (upon
accession) of the mechanism pursuant to Section 2(A), paragraph 4 of the Protocol under
which individuals and enterprises can bring cases of non-uniform application of the trade
regime to the attention of national authorities
IV. POLICIES AFFECTING TRADE IN GOODS
1. Tariff Rate Quotas (to be notified to
the Committee on Market Access)
(a) administration of TRQs on a
transparent, predictable, uniform, fair and non-discriminatory basis using clearly
specified timeframes, administrative procedures and requirements and evidence of a
consistent national allocation (and reallocation) policy including:
(i) provision of volume/value of the quota
or TRQ made available;
(ii) reallocated quota or TRQ applied for;
(iii) the volume/value of requests for
allocation or reallocation denied;
(iv) fill rates for the quota or TRQ;
(v) for TRQs, the amount of any goods
entered at the over quota rate; and
(vi) time taken to grant a quota or TRQ
allocation.
2. Non-Tariff Measures including
Quantitative Import Restrictions (to be notified to the Committee on Market Access)
(a) the introduction, re-introduction
or application of any non-tariff measures other than those listed in Annex 3 of the
Protocol and elimination of non-tariff measures
(b) implementation of the schedule for
phased elimination of the measures contained in Annex 3
(c) quota allocation and reallocation in
conformity with WTO requirements, including the Agreement on Licensing Procedures
following criteria set out in the Report of the Working Party on the Accession of China
("Report ")
(d) distribution licences, quotas, tariff
rate quotas or any other means of approval for importation are not subject to conditions
set out in Section 7, paragraph 3 of the Protocol
3. Import Licensing (to be notified to the
Committee on Import Licensing)
(a) implementation of the provisions
of the Agreement on Import Licensing Procedures and the WTO Agreement applying the
measures set out in Section 8 of the Protocol including provision of the time taken to
grant an import licence
4. Customs Valuation (to be notified to
the Committee on Customs Valuation)
(a) the use of valuation methods,
other than the stated transaction value
5. Export Restrictions (to be notified to
the Council for Trade in Goods)
(a) any restrictions on exports through
non-automatic licensing or other means justified by specific product under the WTO
Agreement or the Protocol
6. Safeguards (to be notified to the
Committee on Safeguards)
(a) implementation of China's
Regulation on Safeguards
7. Technical Barriers to Trade (to be
notified to the Committee on Technical Barriers to Trade)
(a) notification of acceptance of the
Code of Good Practice not later than four months after China's accession
(b) periodic review of existing standards
of government standardizing bodies and harmonization of the same with relevant
international standards where appropriate
(c) revision of current voluntary
national, local and sectoral standards so as to harmonize them with international
standards
(d) use of the terms "technical
regulations" and "standards" according to their meaning under the TBT
Agreement in China's notifications under the TBT Agreement, including under Article 15.2 thereof and publications referenced therein, and in
modifications of existing measures
(e) review of technical regulations every
five years to ensure international standards are used in accordance with Article 2.4 of
the Agreement and provision for adoption of international standards as the basis for
technical regulation as part of its notification under Article 15.2 of the Agreement
(f) progress report on increase of the use
of international standards as the basis for technical regulations by ten per cent in five
years
(g) provision of procedures to implement
Article 2.7 of the Agreement
(h) provision of a list of relevant local
governmental and non-governmental bodies that are authorized to adopt technical
regulations or conformity assessment procedures as part of China's notification
under Article 15.2 of the Agreement
(i) ongoing updates on the conformity
assessment bodies that are recognized by China
(j) enactment and implementation of a new
law and relevant regulations regarding assessment and control of chemicals for the
protection of the environment in which complete national treatment and full consistency
with international practices would be ensured within one year after China's accession
following conditions set out in 3(t) of the TBT Working Party Report
(k) information on whether, one year after
accession, all conformity assessment bodies and agencies are authorized to undertake
conformity assessment for both imported and domestic products and are following the
conditions outlined in Section 13, subparagraph 4(a) of the Protocol
(l) assignment of the respective
responsibilities of China's conformity assessment bodies solely on the basis of the scope
of work and type of product without any consideration of the origin of a product no later
than eighteen months after accession
(m) notification of the respective
responsibilities assigned to China's conformity assessment bodies to the TBT committee 12
months after accession
8. Trade-Related Investment Measures
(to be notified to the Committee on Trade-Related Investment Measures)
(a) elimination and cessation of
enforcement of trade and foreign exchange balancing requirements, local content and export
performance offsets and technology transfer requirements made effective through laws,
regulations or other measures
(b) amendments to ensure lifting of all
measures applicable to motor vehicle producers restricting the categories, types or models
of vehicles permitted for production (to be completely removed two years after accession)
(c) increased limits within which
investments in motor vehicle manufacturing could be approved at the provincial government
at the levels outlined in the Report
9. State Trading Entities (to be notified
to the Council for Trade in Goods)
(a) progressive abolishment of state
trading in respect of silk measures, increasing and extending trading rights, granting the
right to trade to all individuals no later than 1 January 2005
(b) access to supplies of raw materials in
the textiles sector at conditions no less favourable than for domestic users, and not
adversely affected access to supplies of raw materials as enjoyed under existing
arrangements
(c) progressive increases in access by non
state trading entities to trade in fertilizer and oil and the filling of quantities
available for import by non state trading entities
10. Government Procurement (to be notified
to the Council for Trade in Goods)
(a) laws, regulations and procedures
(b) procurement in a transparent manner
and application of the MFN principle
V. POLICIES AFFECTING TRADE IN SERVICES
(to be notified to the Council for Trade in Services)
(a) regularly updated lists of all
laws, regulations, administrative guidelines and other measures affecting trade in each
service sector or sub-sector indicating, in each case, the service sector(s) or
sub-sector(s) they apply to, the date of publication and the date of entry into force
(b) China's licensing procedures and
conditions, if any, between domestic and foreign service suppliers, measures implementing
the free choice of partner and list of transport agreements covered by MFN exceptions
(c) regularly updated lists of the
authorities, at all levels of government (including organizations with delegated
authority) which are responsible for the adoption, implementation and reception of appeals
for laws, regulations, administrative guidelines and other measures affecting trade in
services
(d) independence of the regulatory
authorities from the service suppliers
(e) foreign and domestic suppliers in
sectors where specific commitments have been undertaken indicating the state of play of
licensing applications on sector and sub-sector levels (accepted, pending, rejected)
VI. TRADE-RELATED INTELLECTUAL PROPERTY
REGIME (to be notified to the Council for Trade-Related Aspects of Intellectual Property
Rights)
(a) amendments to Copyright, Trademark
and Patent Law, as well as relevant implementing rules covering different areas of the
TRIPS Agreement bringing all such measures into full compliance with and full application
of the TRIPS Agreement and the protection of undisclosed information
(b) enhanced IPR enforcement efforts
through the application of more effective administrative sanctions as described in the
Report
VII. SPECIFIC QUESTIONS IN THE CONTEXT
OF THE TRANSITIONAL REVIEW MECHANISM (to be notified to the General Council or relevant
subsidiary body)
(a) response to specific questions in
the context of the transitional review mechanism received from the General Council or a
subsidiary body
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