Commercial Presence in China
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Foreign service suppliers may construct, renovate and operate hotel and
restaurant establishments in China through joint ventures, with foreign
majority ownership permitted.
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By December 11, 2005, wholly foreign-owned subsidiaries may be established,
and hotel and restaurant services will not be subject to any further market
access or national treatment restrictions.
Presence of Natural Persons in China
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Foreign managers and specialists, including chefs and senior executives
who have signed contracts with joint venture hotels and restaurants in
China, are permitted to provide services 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 hotel and restaurant services by a foreign supplier
is not subject to market access restrictions and is accorded national treatment.
Consumption of Services Abroad
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The provision of hotel and restaurant services outside of China 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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