| Preamble
The World Trade Organization ("WTO"), pursuant to the
approval of the Ministerial Conference of the WTO accorded under
Article XII of the Marrakesh Agreement Establishing the World Trade
Organization ("WTO Agreement"), and the People's Republic
of China ("China"),
Recalling that China was an original contracting party to the
General Agreement on Tariffs and Trade 1947,
Taking note that China is a signatory to the Final Act Embodying
the Results of the Uruguay Round of Multilateral Trade Negotiations,
Taking note of the Report of the Working Party on the Accession
of China in document WT/ACC/CHN/49 ("Working Party Report"),
Having regard to the results of the negotiations concerning China's
membership in the WTO,
Agree as follows:
Part I - General Provisions
1. General
1. Upon accession, China accedes to the WTO Agreement pursuant
to Article XII of that Agreement and thereby becomes a Member of
the WTO.
2. The WTO Agreement to which China accedes shall be the WTO Agreement
as rectified, amended or otherwise modified by such legal instruments
as may have entered into force before the date of accession. This
Protocol, which shall include the commitments referred to in paragraph
342 of the Working Party Report, shall be an integral part of the
WTO Agreement.
3. Except as otherwise provided for in this Protocol, those obligations
in the Multilateral Trade Agreements annexed to the WTO Agreement
that are to be implemented over a period of time starting with entry
into force of that Agreement shall be implemented by China as if
it had accepted that Agreement on the date of its entry into force.
4. China may maintain a measure inconsistent with paragraph 1of
Article II of the General Agreement on Trade in Services ("GATS")
provided that such a measure is recorded in the List of Article
II Exemptions annexed to this Protocol and meets the conditions
of the Annex to the GATS on Article II Exemptions.
2. Administration of the Trade Regime
(A) Uniform Administration
1. The provisions of the WTO Agreement and this Protocol shall
apply to the entire customs territory of China, including border
trade regions and minority autonomous areas, Special Economic Zones,
open coastal cities, economic and technical development zones and
other areas where special regimes for tariffs, taxes and regulations
are established (collectively referred to as "special economic
areas").
2. China shall apply and administer in a uniform, impartial and
reasonable manner all its laws, regulations and other measures of
the central government as well as local regulations, rules and other
measures issued or applied at the sub-national level (collectively
referred to as "laws, regulations and other measures")
pertaining to or affecting trade in goods, services, trade-related
aspects of intellectual property rights ("TRIPS") or the
control of foreign exchange.
3. China's local regulations, rules and other measures of local
governments at the sub-national level shall conform to the obligations
undertaken in the WTO Agreement and this Protocol.
4. China shall establish a mechanism under which individuals and
enterprises can bring to the attention of the national authorities
cases of non-uniform application of the trade regime.
(B) Special Economic Areas
1. China shall notify to the WTO all the relevant laws, regulations
and other measures relating to its special economic areas, listing
these areas by name and indicating the geographic boundaries that
define them. China shall notify the WTO promptly, but in any case
within 60 days, of any additions or modifications to its special
economic areas, including notification of the laws, regulations
and other measures relating thereto.
2. China shall apply to imported products, including physically
incorporated components, introduced into the other parts of China's
customs territory from the special economic areas, all taxes, charges
and measures affecting imports, including import restrictions and
customs and tariff charges, that are normally applied to imports
into the other parts of China's customs territory.
3. Except as otherwise provided for in this Protocol, in providing
preferential arrangements for enterprises within such special economic
areas, WTO provisions on non-discrimination and national treatment
shall be fully observed.
(C) Transparency
1. China undertakes that only those laws, regulations and other
measures pertaining to or affecting trade in goods, services, TRIPS
or the control of foreign exchange that are published and readily
available to other WTO Members, individuals and enterprises, shall
be enforced. In addition, China shall make available to WTO Members,
upon request, all laws, regulations and other measures pertaining
to or affecting trade in goods, services, TRIPS or the control of
foreign exchange before such measures are implemented or enforced.
In emergency situations, laws, regulations and other measures shall
be made available at the latest when they are implemented or enforced.
2. China shall establish or designate an official journal dedicated
to the publication of all laws, regulations and other measures pertaining
to or affecting trade in goods, services, TRIPS or the control of
foreign exchange and, after publication of its laws, regulations
or other measures in such journal, shall provide a reasonable period
for comment to the appropriate authorities before such measures
are implemented, except for those laws, regulations and other measures
involving national security, specific measures setting foreign exchange
rates or monetary policy and other measures the publication of which
would impede law enforcement. China shall publish this journal on
a regular basis and make copies of all issues of this journal readily
available to individuals and enterprises.
3. China shall establish or designate an enquiry point where, upon
request of any individual, enterprise or WTO Member all information
relating to the measures required to be published under paragraph
2(C)1 of this Protocol may be obtained. Replies to requests for
information shall generally be provided within 30 days after receipt
of a request. In exceptional cases, replies may be provided within
45 days after receipt of a request. Notice of the delay and the
reasons therefor shall be provided in writing to the interested
party. Replies to WTO Members shall be complete and shall represent
the authoritative view of the Chinese government. Accurate and reliable
information shall be provided to individuals and enterprises.
(D) Judicial Review
1. China shall establish, or designate, and maintain tribunals,
contact points and procedures for the prompt review of all administrative
actions relating to the implementation of laws, regulations, judicial
decisions and administrative rulings of general application referred
to in Article X:1 of the GATT 1994, Article VI of the GATS and the
relevant provisions of the TRIPS Agreement. Such tribunals shall
be impartial and independent of the agency entrusted with administrative
enforcement and shall not have any substantial interest in the outcome
of the matter.
2. Review procedures shall include the opportunity for appeal,
without penalty, by individuals or enterprises affected by any administrative
action subject to review. If the initial right of appeal is to an
administrative body, there shall in all cases be the opportunity
to choose to appeal the decision to a judicial body. Notice of the
decision on appeal shall be given to the appellant and the reasons
for such decision shall be provided in writing. The appellant shall
also be informed of any right to further appeal.
3. Non-discrimination
Except as otherwise provided for in this Protocol, foreign individuals
and enterprises and foreign-funded enterprises shall be accorded
treatment no less favourable than that accorded to other individuals
and enterprises in respect of:
(a) the procurement of inputs and goods and services necessary
for production and the conditions under which their goods are produced,
marketed or sold, in the domestic market and for export; and
(b) the prices and availability of goods and services supplied
by national and sub-national authorities and public or state enterprises,
in areas including transportation, energy, basic telecommunications,
other utilities and factors of production.
4. Special Trade Arrangements
Upon accession, China shall eliminate or bring into conformity
with the WTO Agreement all special trade arrangements, including
barter trade arrangements, with third countries and separate customs
territories, which are not in conformity with the WTO Agreement.
5. Right to Trade
1. Without prejudice to China's right to regulate trade in a manner
consistent with the WTO Agreement, China shall progressively liberalize
the availability and scope of the right to trade, so that, within
three years after accession, all enterprises in China shall have
the right to trade in all goods throughout the customs territory
of China, except for those goods listed in Annex 2A which continue
to be subject to state trading in accordance with this Protocol.
Such right to trade shall be the right to import and export goods.
All such goods shall be accorded national treatment under Article
III of the GATT 1994, especially paragraph 4 thereof, in respect
of their internal sale, offering for sale, purchase, transportation,
distribution or use, including their direct access to end-users.
For those goods listed in Annex 2B, China shall phase out limitation
on the grant of trading rights pursuant to the schedule in that
Annex. China shall complete all necessary legislative procedures
to implement these provisions during the transition period.
2. Except as otherwise provided for in this Protocol, all foreign
individuals and enterprises, including those not invested or registered
in China, shall be accorded treatment no less favourable than that
accorded to enterprises in China with respect to the right to trade.
6. State Trading
1. China shall ensure that import purchasing procedures of state
trading enterprises are fully transparent, and in compliance with
the WTO Agreement, and shall refrain from taking any measure to
influence or direct state trading enterprises as to the quantity,
value, or country of origin of goods purchased or sold, except in
accordance with the WTO Agreement.
2. As part of China's notification under the GATT 1994 and the
Understanding on the Interpretation of Article XVII of the GATT
1994, China shall also provide full information on the pricing mechanisms
of its state trading enterprises for exported goods.
7. Non-Tariff Measures
1. China shall implement the schedule for phased elimination of
the measures contained in Annex 3. During the periods specified
in Annex 3, the protection afforded by the measures listed in that
Annex shall not be increased or expanded in size, scope or duration,
nor shall any new measures be applied, unless in conformity with
the provisions of the WTO Agreement.
2. In implementing the provisions of Articles III and XI of the
GATT 1994 and the Agreement on Agriculture, China shall eliminate
and shall not introduce, re-introduce or apply non-tariff measures
that cannot be justified under the provisions of the WTO Agreement.
For all non-tariff measures, whether or not referred to in Annex
3, that are applied after the date of accession, consistent with
the WTO Agreement or this Protocol, China shall allocate and otherwise
administer such measures in strict conformity with the provisions
of the WTO Agreement, including GATT 1994 and Article XIII thereof,
and the Agreement on Import Licensing Procedures, including notification
requirements.
3. China shall, upon accession, comply with the TRIMs Agreement,
without recourse to the provisions of Article 5 of the TRIMs Agreement.
China shall eliminate and cease to enforce trade and foreign exchange
balancing requirements, local content and export or performance
requirements made effective through laws, regulations or other measures.
Moreover, China will not enforce provisions of contracts imposing
such requirements. Without prejudice to the relevant provisions
of this Protocol, China shall ensure that the distribution of import
licences, quotas, tariff?rate quotas, or any other means of approval
for importation, the right of importation or investment by national
and sub?national authorities, is not conditioned on: whether competing
domestic suppliers of such products exist; or performance requirements
of any kind, such as local content, offsets, the transfer of technology,
export performance or the conduct of research and development in
China.
4. Import and export prohibitions and restrictions, and licensing
requirements affecting imports and exports shall only be imposed
and enforced by the national authorities or by sub-national authorities
with authorization from the national authorities. Such measures
which are not imposed by the national authorities or by sub-national
authorities with authorization from the national authorities, shall
not be implemented or enforced.
8. Import and Export Licensing
1. In implementing the WTO Agreement and provisions of the Agreement
on Import Licensing Procedures, China shall undertake the following
measures to facilitate compliance with these agreements:
(a) China shall publish on a regular basis the following in the
official journal referred to in paragraph 2(C)2 of this Protocol:
- by product, the list of all organizations, including those organizations
delegated such authority by the national authorities, that are responsible
for authorizing or approving imports or exports, whether through
grant of licence or other approval;
- procedures and criteria for obtaining such import or export
licences or other approvals, and the conditions for deciding whether
they should be granted;
- a list of all products, by tariff number, that are subject to
tendering requirements, including information on products subject
to such tendering requirements and any changes, pursuant to the
Agreement on Import Licensing Procedures;
- a list of all goods and technologies whose import or export
are restricted or prohibited; these goods shall also be notified
to the Committee on Import Licensing;
- any changes to the list of goods and technologies whose import
and export are restricted or prohibited.
Copies of these submissions in one or more official languages
of the WTO shall be forwarded to the WTO for circulation to WTO
Members and for submission to the Committee on Import Licensing
within 75 days of each publication.
(b) China shall notify the WTO of all licensing and quota requirements
remaining in effect after accession, listed separately by HS tariff
line and with the quantities associated with the restriction, if
any, and the justification for maintaining the restriction or its
scheduled date of termination.
(c) China shall submit the notification of its import licensing
procedures to the Committee on Import Licensing. China shall report
annually to the Committee on Import Licensing on its automatic import
licensing procedures, explaining the circumstances which give rise
to these requirements and justifying the need for their continuation.
This report shall also provide the information listed in Article
3 of the Agreement on Import Licensing Procedures.
(d) China shall issue import licences for a minimum duration of
validity of six months, except where exceptional circumstances make
this impossible. In such cases, China shall promptly notify the
Committee on Import Licensing of the exceptional circumstances requiring
the shorter period of licence validity.
2. Except as otherwise provided for in this Protocol, foreign individuals
and enterprises and foreign-funded enterprises shall be accorded
treatment no less favourable than that accorded to other individuals
and enterprises in respect of the distribution of import and export
licences and quotas.
9. Price Controls
1. China shall, subject to paragraph 2 below, allow prices for
traded goods and services in every sector to be determined by market
forces, and multi-tier pricing practices for such goods and services
shall be eliminated.
2. The goods and services listed in Annex 4 may be subject to price
controls, consistent with the WTO Agreement, in particular Article
III of the GATT 1994 and Annex 2, paragraphs 3 and 4 of the Agreement
on Agriculture. Except in exceptional circumstances, and subject
to notification to the WTO, price controls shall not be extended
to goods or services beyond those listed in Annex 4, and China shall
make best efforts to reduce and eliminate these controls.
3. China shall publish in the official journal the list of goods
and services subject to state pricing and changes thereto.
10. Subsidies
1. China shall notify the WTO of any subsidy within the meaning
of Article 1 of the Agreement on Subsidies and Countervailing Measures
("SCM Agreement"), granted or maintained in its territory,
organized by specific product, including those subsidies defined
in Article 3 of the SCM Agreement. The information provided should
be as specific as possible, following the requirements of the questionnaire
on subsidies as noted in Article 25 of the SCM Agreement.
2. For purposes of applying Articles 1.2 and 2 of the SCM Agreement,
subsidies provided to state-owned enterprises will be viewed as
specific if, inter alia, state?owned enterprises are the predominant
recipients of such subsidies or state?owned enterprises receive
disproportionately large amounts of such subsidies.
3. China shall eliminate all subsidy programmes falling within
the scope of Article 3 of the SCM Agreement upon accession.
11. Taxes and Charges Levied on Imports and Exports
1. China shall ensure that customs fees or charges applied or administered
by national or sub-national authorities, shall be in conformity
with the GATT 1994.
2. China shall ensure that internal taxes and charges, including
value-added taxes, applied or administered by national or sub-national
authorities shall be in conformity with the GATT 1994.
3. China shall eliminate all taxes and charges applied to exports
unless specifically provided for in Annex 6 of this Protocol or
applied in conformity with the provisions of Article VIII of the
GATT 1994.
4. Foreign individuals and enterprises and foreign-funded enterprises
shall, upon accession, be accorded treatment no less favourable
than that accorded to other individuals and enterprises in respect
of the provision of border tax adjustments.
12. Agriculture
1. China shall implement the provisions contained in China's Schedule
of Concessions and Commitments on Goods and, as specifically provided
in this Protocol, those of the Agreement on Agriculture. In this
context, China shall not maintain or introduce any export subsidies
on agricultural products.
2. China shall, under the Transitional Review Mechanism, notify
fiscal and other transfers between or among state-owned enterprises
in the agricultural sector (whether national or sub-national) and
other enterprises that operate as state trading enterprises in the
agricultural sector.
13. Technical Barriers to Trade
1. China shall publish in the official journal all criteria, whether
formal or informal, that are the basis for a technical regulation,
standard or conformity assessment procedure.
2. China shall, upon accession, bring into conformity with the
TBT Agreement all technical regulations, standards and conformity
assessment procedures.
3. China shall apply conformity assessment procedures to imported
products only to determine compliance with technical regulations
and standards that are consistent with the provisions of this Protocol
and the WTO Agreement. Conformity assessment bodies will determine
the conformity of imported products with commercial terms of contracts
only if authorized by the parties to such contract. China shall
ensure that such inspection of products for compliance with the
commercial terms of contracts does not affect customs clearance
or the granting of import licences for such products.
4. (a) Upon accession, China shall ensure that the same technical
regulations, standards and conformity assessment procedures are
applied to both imported and domestic products. In order to ensure
a smooth transition from the current system, China shall ensure
that, upon accession, all certification, safety licensing, and quality
licensing bodies and agencies are authorized to undertake these
activities for both imported and domestic products, and that, one
year after accession, all conformity assessment bodies and agencies
are authorized to undertake conformity assessment for both imported
and domestic products. The choice of body or agency shall be at
the discretion of the applicant. For imported and domestic products,
all bodies and agencies shall issue the same mark and charge the
same fee. They shall also provide the same processing periods and
complaint procedures. Imported products shall not be subject to
more than one conformity assessment. China shall publish and make
readily available to other WTO Members, individuals, and enterprises
full information on the respective responsibilities of its conformity
assessment bodies and agencies.
(b) No later than 18 months after accession, China shall assign
the respective responsibilities of its conformity assessment bodies
solely on the basis of the scope of work and type of product without
any consideration of the origin of a product. The respective responsibilities
that will be assigned to China's conformity assessment bodies will
be notified to the TBT Committee 12 months after accession.
14. Sanitary and Phytosanitary Measures
China shall notify to the WTO all laws, regulations and other
measures relating to its sanitary and phytosanitary measures, including
product coverage and relevant international standards, guidelines
and recommendations, within 30 days after accession.
15. Price Comparability in Determining Subsidies and Dumping
Article VI of the GATT 1994, the Agreement on Implementation of
Article VI of the General Agreement on Tariffs and Trade 1994 ("Anti-Dumping
Agreement") and the SCM Agreement shall apply in proceedings
involving imports of Chinese origin into a WTO Member consistent
with the following:
(a) In determining price comparability under Article VI of the
GATT 1994 and the Anti?Dumping Agreement, the importing WTO Member
shall use either Chinese prices or costs for the industry under
investigation or a methodology that is not based on a strict comparison
with domestic prices or costs in China based on the following rules:
(i) If the producers under investigation can clearly show that
market economy conditions prevail in the industry producing the
like product with regard to the manufacture, production and sale
of that product, the importing WTO Member shall use Chinese prices
or costs for the industry under investigation in determining price
comparability;
(ii) The importing WTO Member may use a methodology that is not
based on a strict comparison with domestic prices or costs in China
if the producers under investigation cannot clearly show that market
economy conditions prevail in the industry producing the like product
with regard to manufacture, production and sale of that product.
(b) In proceedings under Parts II, III and V of the SCM Agreement,
when addressing subsidies described in Articles 14(a), 14(b), 14(c)
and 14(d), relevant provisions of the SCM Agreement shall apply;
however, if there are special difficulties in that application,
the importing WTO Member may then use methodologies for identifying
and measuring the subsidy benefit which take into account the possibility
that prevailing terms and conditions in China may not always be
available as appropriate benchmarks. In applying such methodologies,
where practicable, the importing WTO Member should adjust such prevailing
terms and conditions before considering the use of terms and conditions
prevailing outside China.
(c) The importing WTO Member shall notify methodologies used in
accordance with subparagraph (a) to the Committee on Anti-Dumping
Practices and shall notify methodologies used in accordance with
subparagraph (b) to the Committee on Subsidies and Countervailing
Measures.
(d) Once China has established, under the national law of the
importing WTO Member, that it is a market economy, the provisions
of subparagraph (a) shall be terminated provided that the importing
Member's national law contains market economy criteria as of the
date of accession. In any event, the provisions of subparagraph
(a)(ii) shall expire 15 years after the date of accession. In addition,
should China establish, pursuant to the national law of the importing
WTO Member, that market economy conditions prevail in a particular
industry or sector, the non?market economy provisions of subparagraph
(a) shall no longer apply to that industry or sector.
16. Transitional Product-Specific Safeguard Mechanism
1. In cases where products of Chinese origin are being imported
into the territory of any WTO Member in such increased quantities
or under such conditions as to cause or threaten to cause market
disruption to the domestic producers of like or directly competitive
products, the WTO Member so affected may request consultations with
China with a view to seeking a mutually satisfactory solution, including
whether the affected WTO Member should pursue application of a measure
under the Agreement on Safeguards. Any such request shall be notified
immediately to the Committee on Safeguards.
2. If, in the course of these bilateral consultations, it is agreed
that imports of Chinese origin are such a cause and that action
is necessary, China shall take such action as to prevent or remedy
the market disruption. Any such action shall be notified immediately
to the Committee on Safeguards.
3. If consultations do not lead to an agreement between China and
the WTO Member concerned within 60 days of the receipt of a request
for consultations, the WTO Member affected shall be free, in respect
of such products, to withdraw concessions or otherwise to limit
imports only to the extent necessary to prevent or remedy such market
disruption. Any such action shall be notified immediately to the
Committee on Safeguards.
4. Market disruption shall exist whenever imports of an article,
like or directly competitive with an article produced by the domestic
industry, are increasing rapidly, either absolutely or relatively,
so as to be a significant cause of material injury, or threat of
material injury to the domestic industry. In determining if market
disruption exists, the affected WTO Member shall consider objective
factors, including the volume of imports, the effect of imports
on prices for like or directly competitive articles, and the effect
of such imports on the domestic industry producing like or directly
competitive products.
5. Prior to application of a measure pursuant to paragraph 3, the
WTO Member taking such action shall provide reasonable public notice
to all interested parties and provide adequate opportunity for importers,
exporters and other interested parties to submit their views and
evidence on the appropriateness of the proposed measure and whether
it would be in the public interest. The WTO Member shall provide
written notice of the decision to apply a measure, including the
reasons for such measure and its scope and duration.
6. A WTO Member shall apply a measure pursuant to this Section
only for such period of time as may be necessary to prevent or remedy
the market disruption. If a measure is taken as a result of a relative
increase in the level of imports, China has the right to suspend
the application of substantially equivalent concessions or obligations
under the GATT 1994 to the trade of the WTO Member applying the
measure, if such measure remains in effect more than two years.
However, if a measure is taken as a result of an absolute increase
in imports, China has a right to suspend the application of substantially
equivalent concessions or obligations under the GATT 1994 to the
trade of the WTO Member applying the measure, if such measure remains
in effect more than three years. Any such action by China shall
be notified immediately to the Committee on Safeguards.
7. In critical circumstances, where delay would cause damage which
it would be difficult to repair, the WTO Member so affected may
take a provisional safeguard measure pursuant to a preliminary determination
that imports have caused or threatened to cause market disruption.
In this case, notification of the measures taken to the Committee
on Safeguards and a request for bilateral consultations shall be
effected immediately thereafter. The duration of the provisional
measure shall not exceed 200 days during which the pertinent requirements
of paragraphs 1, 2 and 5 shall be met. The duration of any provisional
measure shall be counted toward the period provided for under paragraph
6.
8. If a WTO Member considers that an action taken under paragraphs
2, 3 or 7 causes or threatens to cause significant diversions of
trade into its market, it may request consultations with China and/or
the WTO Member concerned. Such consultations shall be held within
30 days after the request is notified to the Committee on Safeguards.
If such consultations fail to lead to an agreement between China
and the WTO Member or Members concerned within 60 days after the
notification, the requesting WTO Member shall be free, in respect
of such product, to withdraw concessions accorded to or otherwise
limit imports from China, to the extent necessary to prevent or
remedy such diversions. Such action shall be notified immediately
to the Committee on Safeguards.
9. Application of this Section shall be terminated 12 years after
the date of accession.
17. Reservations by WTO Members
All prohibitions, quantitative restrictions and other measures
maintained by WTO Members against imports from China in a manner
inconsistent with the WTO Agreement are listed in Annex 7. All such
prohibitions, quantitative restrictions and other measures shall
be phased out or dealt with in accordance with mutually agreed terms
and timetables as specified in the said Annex.
18. Transitional Review Mechanism
1. Those subsidiary bodies of the WTO which have a mandate covering
China's commitments under the WTO Agreement or this Protocol shall,
within one year after accession and in accordance with paragraph
4 below, review, as appropriate to their mandate, the implementation
by China of the WTO Agreement and of the related provisions of this
Protocol. China shall provide relevant information, including information
specified in Annex 1A, to each subsidiary body in advance of the
review. China can also raise issues relating to any reservations
under Section 17 or to any other specific commitments made by other
Members in this Protocol, in those subsidiary bodies which have
a relevant mandate. Each subsidiary body shall report the results
of such review promptly to the relevant Council established by paragraph
5 of Article IV of the WTO Agreement, if applicable, which shall
in turn report promptly to the General Council.
2. The General Council shall, within one year after accession,
and in accordance with paragraph 4 below, review the implementation
by China of the WTO Agreement and the provisions of this Protocol.
The General Council shall conduct such review in accordance with
the framework set out in Annex 1B and in the light of the results
of any reviews held pursuant to paragraph 1. China also can raise
issues relating to any reservations under Section 17 or to any other
specific commitments made by other Members in this Protocol. The
General Council may make recommendations to China and to other Members
in these respects.
3. Consideration of issues pursuant to this Section shall be without
prejudice to the rights and obligations of any Member, including
China, under the WTO Agreement or any Plurilateral Trade Agreement,
and shall not preclude or be a precondition to recourse to consultation
or other provisions of the WTO Agreement or this Protocol.
4. The review provided for in paragraphs 1 and 2 will take place
after accession in each year for eight years. Thereafter there will
be a final review in year 10 or at an earlier date decided by the
General Council.
Part II - Schedules
1. The Schedules annexed to this Protocol shall become the Schedule
of Concessions and Commitments annexed to the GATT 1994 and the
Schedule of Specific Commitments annexed to the GATS relating to
China. The staging of concessions and commitments listed in the
Schedules shall be implemented as specified in the relevant parts
of the relevant Schedules.
2. For the purpose of the reference in paragraph 6(a) of Article
II of the GATT 1994 to the date of that Agreement, the applicable
date in respect of the Schedules of Concessions and Commitments
annexed to this Protocol shall be the date of accession.
Part III - Final Provisions
1. This Protocol shall be open for acceptance, by signature or
otherwise, by China until 1 January 2002.
2. This Protocol shall enter into force on the thirtieth day following
the day of its acceptance.
3. This Protocol shall be deposited with the Director-General of
the WTO. The Director-General shall promptly furnish a certified
copy of this Protocol and a notification of acceptance by China
thereof, pursuant to paragraph 1 of Part III of this Protocol, to
each WTO Member and to China.
4. This Protocol shall be registered in accordance with the provisions
of Article 102 of the Charter of the United Nations.
Done at Doha this tenth day of November two thousand and one,
in a single copy, in the English, French and Spanish languages,
each text being authentic, except that a Schedule annexed hereto
may specify that it is authentic in only one or more of these languages.
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