Commercial Presence in China
Value-Added and Paging Services
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The commitments in China’s services schedule on value-added telecommunications
services include electronic mail, voice mail, on-line information and database
retrieval, electronic data interchange, enhanced/value-added facsimile
services (including store and forward, store and retrieve), code and protocol
conversion, and on-line information and/or data processing (including transaction
processing).
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Foreign suppliers may provide value-added and paging telecommunications
services through joint venture enterprises, without quantitative restrictions.
Foreign investment in a joint venture may not exceed 30 percent. By December
11, 2002, foreign investment may be increased to a maximum of 49 percent.
By December 11, 2003, maximum foreign investment may be no more than 50
percent.
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Joint ventures may provide value-added and paging telecommunications services
in and between Beijing, Shanghai and Guangzhou. By December 11, 2002,
joint ventures may provide these telecommunications services in and between
Chengdu, Chongqing, Dalian, Fuzhou, Hangzhou, Nanjing, Ningbo, Qingdao,
Shenyang, Shenzhen, Xiamen, Xi’an, Taiyuan and Wuhan. By December
11, 2003, geographic restrictions will be lifted for value-added and paging
telecommunications services.
Mobile Voice and Data Services
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The commitments in China’s services schedule on mobile voice and data services
include analogue and digital cellular services and personal communications
services.
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Foreign suppliers may provide mobile voice and data services through joint
venture enterprises, without quantitative restrictions. Foreign investment
in a joint venture may not exceed 25 percent. By December 11, 2002, foreign
investment may be increased to a maximum of 35 percent. By December 12,
2003, maximum foreign investment may be no more than 49 percent.
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Joint ventures may provide mobile voice and data services in and between
Beijing, Shanghai and Guangzhou. By December 11, 2002, joint ventures
may provide mobile voice and data services in and between Chengdu, Chongqing,
Dalian, Fuzhou, Hangzhou, Nanjing, Ningbo, Qingdao, Shenyang, Shenzhen,
Xiamen, Xi’an, Taiyuan and Wuhan. By December 11, 2006, geographic restrictions
will be lifted for mobile voice and data services.
Fixed Line Services
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Fixed line services include both domestic and international telecommunications
services. The commitments in China’s services schedule on these services
include voice services, packet-switched data transmission services, circuit-switched
data transmission services, facsimile services, domestic private leased
circuit services, and international closed user group voice and data services
(including use of private leased circuit services).
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By December 11, 2004, foreign suppliers may provide fixed line services
through joint venture enterprises, without quantitative restrictions. Foreign
investment in a joint venture may not exceed 25 percent. By December 11,
2006, foreign investment may be increased to a maximum of 35 percent. By
December 11, 2007, maximum foreign investment may be no more than 49 percent.
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By December 11, 2004, joint ventures may provide fixed line services in
and between Beijing, Shanghai and Guangzhou. By December 11, 2006, joint
ventures may provide domestic services in and between Chengdu, Chongqing,
Dalian, Fuzhou, Hangzhou, Nanjing, Ningbo, Qingdao, Shenyang, Shenzhen,
Xiamen, Xi’an, Taiyuan and Wuhan. By December 11, 2007, geographic
restrictions will be lifted for fixed line services services.
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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Restrictions on the cross-border supply of telecommunications services
are the same as those listed above for the commercial presence in China.
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.
Other Commitments
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China has committed to observe the Reference Paper drawn up by the WTO
Negotiating Group on Basic Telecommunications, which calls for (1) the
establishment of independent regulators, (2) the adoption of competitive
safeguards, (3) measures to ensure inter-connectivity, (4) transparent
and non-discriminatory practices with regard to licensing, and (5) universal
service obligations.
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