Commercial Presence in China
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Foreign service suppliers may provide advertising services through joint
ventures, with a maximum foreign investment of 49 percent. By December
11, 2003, foreign majority ownership will be permitted. By December 11,
2005, wholly foreign-owned subsidiaries will be allowed.
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Foreign invested advertising enterprises are accorded national treatment.
Presence of Natural Persons in China
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Managers, executives, and specialists of a representative office, branch,
or subsidiary in China, temporarily moving as intra-corporate transferees,
will be permitted an initial stay of three years.
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Managers, executives, and specialists of foreign invested enterprises in
China will 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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Service salespersons who are not based in China, and who meet certain other
conditions set out in China’s services schedule, are limited to a 90-day
stay.
Cross-Border Supply of Services
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The cross-border supply of advertising services may only be provided
through agents registered in China that have the right to provide foreign
advertising services. There are no other limitations on national treatment.
Consumption of Services Abroad
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The provision of advertising services outside of China may only be extended
through agents registered in China with the right to provide foreign advertising
services. There are no other limitations on national treatment.
Acquired Rights of Foreign Service Suppliers
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The conditions of ownership, operation, and scope of activities for an
existing foreign service supplier, as set out in the supplier’s contract
or shareholders’ agreement or in a license establishing or authorizing
the supplier’s operation or supply of services, will not be made more restrictive
than they were on December 11, 2001.
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