Commercial Presence in China
Form of Establishment
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Foreign service suppliers may provide environmental services in the form
of joint ventures, with foreign majority ownership permitted.
Scope of Activities
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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.
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Environmental quality monitoring and pollution source inspection services
are prohibited.
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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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
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The consumption of environmental services abroad is not subject to market
access restrictions and is accorded 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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