Commercial Presence in China
Offshore Oil-Field Services
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Offshore oil-field services, including geological, geophysical and other
scientific prospecting services, and sub-surface surveying services are
permitted in the form of petroleum exploitation in cooperation with Chinese
partners.
Onshore Oil-Field Services
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Foreign service suppliers may engage in petroleum exploitation in cooperation
with China National Petroleum Corp. (CNPC) in designated areas approved
by the Chinese government.
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The foreign service supplier must establish a branch, subsidiary or representative
office within China and register in accordance with applicable laws.
The locations of these offices will be determined through consultation
with CNPC.
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The foreign service supplier must open its bank account with a bank that
has been approved by the Chinese authorities to engage in foreign exchange
business within China.
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The foreign service supplier must promptly and accurately furnish
CNPC with data records and samples and technological, economic, accounting
and administrative reports related to its petroleum operations.
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CNPC will own all of the data records, samples, vouchers and other original
information acquired during the implementation of the petroleum operations.
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The foreign service supplier’s investment must be made in US dollars or
other hard currencies.
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 forth 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 oil-field 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 oil-field 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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