U.S.-China Trade: Summary of 2003 World Trade Organization Transitional Review Mechanism for China Page: 75 of 101
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Summary of issues by theme Raised by Raised by China's response
United other WTO
December 2002, which was two years ahead
of the time frame set out in China's
commitments, and discriminatory
requirements against foreign invested
construction companies in terms of
qualification standard had been abolished.
This resulted in a further opening-up of
construction market to foreign investors. In
order to guarantee commercial interests of
foreign enterprises, the stability of transition,
and the implementation of the existing
contracts already signed by foreign
companies, the Implementing Rules on the
Qualification Management for Facilitating
Foreign Enterprises to Invest in the
Construction Sector required that "for all the
engineering contracts signed before 1
October 2003, or contracts remaining valid
after 1 October 2003, the foreign companies
might continue to complete the works".
Finally, the Ministry of Construction had
promulgated Notice No. 193 in
September 2003, which stipulated that those
foreign enterprises with Qualifications for
Contracting Construction Works might prolong
their engineering construction activities in
China until 1 April 2004. (Verbalg)
Reasons for residence requirements EC - Writtenb
imposed on all architects and engineers
to be accounted for in the attribution of a
certificate, and qualifications imposed;
limitations to National Treatment.
Policy development for establishment of Japan -
wholly owned enterprises before the Writtenc
abolition of the Direct Contracting
Scheme in accordance with the
Regulation on the Administration of
Foreign Invested Construction
Assurance that four types of Japan -
construction projects allowed to be Writtenc
undertaken by wholly foreign-owned
enterprises are subject to interpretation
but scope will not be overly restrictively
Requirement of having a minimum Japan -
number of engineers in one office for a Written,c
certain category of construction Verbalg
enterprises constitute as barriers for
foreign construction enterprises;
compatibility with GATS.
Information on the conditions applying EC - Writtenb There were no geographic and quantitative
to the opening of the first and additional restrictions on representative offices of foreign
offices by foreign and Chinese lawyers; law firms as indicated in China's
reason for conditions not listed in commitments. China's representative
schedule. suggested that the concerned Members look
at this issue in terms of the actual market
access of foreign representative offices. More
GAO-05-209R U.S.-China Trade
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United States. Government Accountability Office. U.S.-China Trade: Summary of 2003 World Trade Organization Transitional Review Mechanism for China, text, January 25, 2005; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc301428/m1/75/: accessed May 24, 2019), University of North Texas Libraries, Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.