Limitations on national treatment:
If the services are provided in the
form of cross-border supply, there shall be no limitations except for mail
order. If the services are provided in the form of consumption abroad, there
shall be no limitations. If the services are provided in the form of commercial
presence, there shall also be no limitations. If the services are provided in
the form of presence of natural persons unbound, there shall be no commitments
except as indicated in Horizontal Commitments and its contents shall be the same
as the above-mentioned commitments in the aspect of limitations on market
access.
Additional commitments on wholesale services are:
foreign-invested
enterprises may distribute their products manufactured in China, including those
expected products as listed in the market access or sector or sub-sector column,
and provide subordinate services as defined in Annex 2. Foreign service
suppliers are permitted to provide full range of related subordinate services,
including after sales services, as defined in Annex 2, for the products they
distribute.
As for franchising and retail trade services away from a fixed location, in
the aspect of limitations on market access:
If the services are provided in
the form of cross-border supply, there shall be no limitations. If the services
are provided in the form of consumption abroad, there shall also be no
limitations. If the services are provided in the form of commercial presence,
within three year after China's accession to the WTO, limitations shall be
cancelled.
If the services are provided in the form of presence of natural persons
unbound, there shall be no commitments except as indicated in Horizontal
Commitments and the contents are the same as the above-mentioned commitments in
the aspect of limitations on market access.
In the aspect of limitation on national treatment: if the services are
provided in the form of cross-border supply, there shall be no limitations. If
the services are provided in the form of consumption abroad, there shall be no
limitations. If the services are provided in the form of commercial presence,
within three year after China's accession to the WTO, limitations shall be
cancelled.
If the services are provided in the form of presence of natural persons
unbound, there shall be no commitments except as indicated in Horizontal
Commitments and its contents shall be the same as the above-mentioned
commitments in the aspect of limitations on market access. No further
limitations on franchising and retail trade services away from a fixed location
except the above-mentioned commitments.
Wholesale trade services are under distribution services in WTO's sector
catalogue of service trade, and the distribution services are generally covered
by sector or sub-sector No. CPC 61, 62, 63 and 8929. The wholesaling consist of
the sale of goods/merchandise to retailers to industrial, commercial,
institutional, or other professional business users, or to other wholesalers and
related subordinated services. Commitments on wholesale services made at China's
entry to WTO are as follows:
In the aspect of limitations on market access for wholesale services
(exclusive of salt and tobacco):
if the services are provided in the form of cross-border supply, there shall
be no limitations. If the services are provided in the form of consumption
abroad, there shall also be no limitations. If the services are provided in the
form of commercial presence, within one year after China's accession to the WTO,
foreign service suppliers may establish joint ventures to engage in the
commission agents' business and wholesale business of all imported and
domestically produced products, except those products that immediately
follow.
For these products, foreign service suppliers will be permitted to engage in
the distribution of books, newspapers, magazines, pharmaceutical products,
pesticides and mulching films within three years after China's accession, and to
engage in the distribution of chemical fertilizers, processed oil and crude oil
within five years after China's accession.
If the services are provided in the form of presence of natural persons
unbound, there shall be no commitments except as indicated in Horizontal
Commitments and the contents of Horizontal Commitments are: there shall be no
commitments except for measures concerning the entry and temporary stay of
natural persons who fall into one of the following categories:
(a) Managers, executives and specialists defined as senior employees of a
corporation of a WTO Member that has established a representative office, branch
or subsidiary in the territory of the People's Republic of China, temporarily
moving as intra-corporate transferees, shall be permitted entry for an initial
stay of three years;
(b) Managers, executives and specialists defined as senior employees of a
corporation of WTO Members, being engaged in the foreign invested enterprises in
the territory of the People's Republic of China for conducting business, shall
be granted a long-term stay permit as stipulated in the terms of contracts
concerned or an initial stay of three years, whichever is shorter;
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