ENVIRONMENTAL SERVICES

Commercial Presence in China

Form of Establishment

  • Foreign service suppliers may provide environmental services in the form of joint ventures, with foreign majority ownership permitted.
Scope of Activities
  • Joint venture enterprises may provide sewage services, solid waste disposal, sanitation, cleaning of exhaust gases, noise abatement, nature and landscape protection, and other environmental protection services.
  • Environmental quality monitoring and pollution source inspection services are prohibited.
Presence of Natural Persons in China
  • 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.
  • 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.
  • 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
  • China reserves the right to place market access restrictions on the cross-border supply of environmental services, except for environmental consultation services.
Consumption of Services Abroad
  • The consumption of environmental services abroad is not subject to market access restrictions and is accorded national treatment. 
Acquired Rights of Foreign Service Suppliers
  • 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.

December 2001
Department of Commerce
International Trade Administration
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