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Appendix
Examples of Rule of Law-Related Commitments Included in China's World Trade Organization (WTO) Accession Agreement
Transparency
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- Trade Framework: 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. (Protocol paragraph 2.C.1)
- Services: China would publish in the official journal, by appropriate classification and by service where relevant, a list of all organizations that were responsible for authorizing, approving or regulating services activities whether through grant of license or other approval, including organizations delegated such authority from the national authorities. (Working Party report paragraph 332)
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Judicial Review
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- Trade Framework: China shall establish or designate, and maintain tribunals, contact points and procedures for the prompt review of all administrative actions relating to 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 relevant TRIPS provisions. (Protocol paragraph 2.D.1)
- Intellectual Property Rights: Appropriate cases, including those involving repeat offenders and willful piracy and counterfeiting, would be referred to relevant authorities for prosecution under the criminal law provisions. (Working Party report paragraph 299)
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Uniform Enforcement
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- Trade Framework: China shall apply and administer in a uniform, impartial and reasonable manner all central government laws, regulations and other measures and local regulations, rules and other measures issued or applied at the sub-national level. The laws, regulations and other measures covered are those that pertain to or affect (1) trade in goods, (2) services, (3) trade-related aspects of intellectual property rights (TRIPS), and (4) the control of foreign exchange. (Protocol paragraph 2.A.2)
- Trade Framework: China would strengthen the uniform enforcement of taxes, tariffs and non-tariff measures on trade between its special economic areas and the other parts of China's customs territory. (Working Party report paragraph 225)
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Nondiscrimination
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- Import Regulation: China would adopt and apply tariff reductions and exemptions so as to ensure MFN treatment for imported goods. (Working Party report paragraph 111)
- Import/Export Regulation: Except as otherwise provided for in this Protocol, foreign individuals and enterprises and foreign-funded enterprises shall be accorded treatment no less favorable than that accorded to other individuals and enterprises in respect of the distribution of import and export licenses and quotas. (Protocol paragraph 8.2)
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| Source: Protocol on the Accession of the People's Republic of China and Report of the Working Party on the Accession of China, World Trade Organization. |
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