World Trade
Organization RESTRICTED S/FIN/M/43
4 December 2003 (03-6434) Committee on Trade in Financial Services

REPORT OF THE MEETING HELD ON 1 DECEMBER 2003

Note by the Secretariat

The Committee on Trade in Financial Services held a meeting on 1 December 2003.
ADOPTION OF THE ANNUAL REPORT TO THE COUNCIL FOR TRADE IN SERVICES
Pursuant to the annual reporting requirements to the Council for Trade in Services, the Chairman drew Members' attention to document S/FIN/W/31, containing a draft report of the Committee's activities since the last update submitted to the General Council before the Ministerial Session held in Cancun (Mexico).
TRANSITIONAL REVIEW UNDER SECTION 18 OF THE PROTOCOL ON THE ACCESSION OF THE PEOPLE'S REPUBLIC OF CHINA
The Chairman recalled that the Committee was mandated to conduct this review of the implementation by China of its commitments in the WTO pursuant to section 18 of the Protocol on the Accession of the People's Republic of China.
Since last year's transitional review mechanism (TRM), the Chinese government had finalized the Measures for the Administration of Automobile Financing Institutions and its implementing rules, which would make it possible for foreign non-bank institutions to engage in automobile financing in China.
In the case of banking, in the period between the accession and end October 2003, 28 representative offices of foreign-funded banks were approved to be established; 14 applications from foreign banks to establish branches were accepted, and 12 were approved; 48 foreign bank institutions in Shanghai, Shenzhen, Tianjin, Dalian, Guangzhou and Qingdao were approved to operate RMB local currency business.
This was a transitional measure for the purpose of attracting foreign investments and liberalizing the securities market within certain limitations in the light of the fact that the free convertibility of RMB had not been realized.
Furthermore, three years after China’s accession to the WTO, when geographic restrictions are lifted, provincial branches of foreign insurance companies will be allowed to conduct insurance business in any city or area within the province pursuant to relevant regulations of CIRC.
Regarding the capital requirement for the establishment of new branches, China was currently drafting the detailed rules of the Administrative Regulation on Foreign-Invested Insurance Companies and working on the revision of the Administrative Regulation on Insurance companies,
On the questions concerning minimum working capital requirements for direct branches of foreign banks, he said that China believed that a WTO Member was entitled to set its own minimum working capital requirements for branches of foreign banks.
auto-financing institutions belonged to non-banking financial institutions under China’s regulatory system, the administration of which was conducted by CBRC pursuant to relevant regulations governing financial institutions.
The questions on insurance were the following: a) On the minimum capital requirements for foreign-invested insurers, can China confirm that they are required to put in place RMB 200 million for the initial branch, and additional RMB 20 million for each subsequent branch, up until RMB 500 million?
Recognizing the extremely high level of such requirements by international standards, he asked whether China could explain exactly how the requirements might be considered as prudential and how they might be considered as consistent with national treatment.
Those changes included, among other things, the creation of a separate banking supervisory authority (CBRC), the renewed energy to dispose of the massive non-performing loans in the banking sector, and the introduction, as China indicated, of the so-called QFII system in the capital market.
He raised the following questions concerning China's implementation in the areas of insurance and reinsurance: a) Can a Chinese owned and/or registered vessel in international traffic (not cabotage) buy insurance directly from an insurance company not incorporated or present in China?
; and c) can a Chinese owned and/or registered vessel in cabotage trade (domestic traffic), on its own account, insure the vessel, cargo and other liabilities directly with a foreign insurer not incorporated or present in China,
It was Norway's understanding that for certain groups of insurance classes (such as property insurance, freight, ship and aviation insurance, energy and liability insurance), the domestic insurance company could apply to the State Administration of Foreign Exchange for purchasing foreign exchange to make the reinsurance payment if either of the following conditions was satisfied: a) The maximum insurance liability for a single insurance contract exceeded RMB 50 million; or b) the cumulative RMB premium income for a single insurance contract type exceeded the sum of the capital and the accumulation fund of that company.
But some delegations were talking about issues that should be discussed in the current round of multilateral negotiations –the Doha Development Round- or even in the following round of multilateral trade negotiations.
For example, the questions raised by Australia and Canada on approval requirements and procedures for new life insurance products, on reserving requirements for life insurance products, on outward and inward cross-border insurance with associated enterprises, and on the management of foreign exchange control of insurance business.
Regarding the questions on language requirements for senior management personnel of foreign-invested insurance companies, he said that CIRC had already changed the related qualification requirements contained in the measures governing the qualifications of senior management personnel of insurance companies.

There was one question on the requirement that the value of foreign banks' foreign currency deposits within China should not exceed 70 per cent of the value of the banks' foreign currency assets within China.
a fund management company, whether domestically-owned or joint-venture, was not allowed to manage assets for institutional investors because this service did not exist in China due to the special situation of the Chinese securities market.
Fourthly, with regard to the opening of branches in banking, he said that according to his understanding, it was not possible for foreign banks to open more than one branch a year, while Chinese banks had had the possibility to open several branches in the same year.
He noted the fact that these restrictions were applied equally to both foreign and national companies, but he said that the commitments were not only about national treatment.
With regard to the so-called national treatment for the approval of the number of branches of foreign insurers, he said that it was not appropriate to set up a compulsory number of licences to be issued to foreign insures by CIRC at one time.

The representative of the United States found distressing to hear from China that Members could not seek a clarification because they would be accused of not having paid attention to the statement being delivered.
The representative of the United States took note of the statement by China and said that simply talking to technical experts after the TRM had concluded did not respond to a question or a clarification expressly asked at the TRM meeting.
It would be a factual report, stating basically the following:
that, pursuant to section 18 of the Protocol on the Accession of the People's Republic of China, the Committee conducted a review of the implementation by China of the WTO Agreement and of related provisions of the said Protocol, in the meeting held on 1 December 2003;
that written communications had been received from five WTO Members, namely Japan, the European Communities, Canada, Chinese Taipei, and the United States; and
that the details of the discussion, including all the interventions made at the meeting, would be found in the meeting report, to be issued as document S/FIN/M/43.
OTHER BUSINESS
The Chairman informed Members that the OECD, who is an observer to the Committee, had brought to the Secretariat's attention a recent document entitled "Managing request-offer negotiations under the GATS: the case of insurance services.
However, he noted that different approaches were followed in other WTO bodies as far as this kind of invitations was concerned, and his delegation might have to reflect on that aspect as well and the likely systemic impact on the Council for Trade in Services.

World Trade
Organization RESTRICTED S/FIN/W/19
1 October 2002 (02-5301) Committee on Trade in Financial Services Original: English



COMMUNICATION FROM THE UNITED STATES

Transitional Review Mechanism Pursuant to Section 18 of the
Protocol on the Accession of the People’s Republic of China

Questions from the United States to China concerning Financial Services


The attached paper has been received from the delegation of the United States with the request that i

World Trade
Organization RESTRICTED S/FIN/W/50
20 September 2005
(05-4146) Committee on Trade in Financial Services Original: English


Communication from CANADA

Transitional Review Mechanism in connection with Paragraph 18 of
the Protocol on the Accession of the People's Republic of China


The following communication, dated 19 September 2005, from the delegation of Canada is being circulated to the Members of the Committee on Trade in Financial Services.


_______________


Canada recognizes China’s efforts of the past year to continue implementing its WTO commitments for financial services, and reiterates its support for the Transitional Review Mechanism and the useful information exchange it promotes. In accordance with paragraph 18 of China’s accession protocol, and in order to contribute to an informed discussion, Canada requests that China provide responses and relevant information concerning the following questions and comments during the

World Trade
Organization RESTRICTED S/FIN/M/50
23 September 2005
(05-4222) Committee on Trade in Financial Services

REPORT OF THE MEETING HELD ON 19 SEPTEMBER 2005

Note by the Secretariat


The Committee on Trade in Financial Services held a meeting on 19 September 2005, under the Chairmanship of Mr. Guido Kemmerling (Germany). The agenda is contained in airgram WTO/AIR/2647.
Adoption of the annual report to the council for trade in services
The Chairperson drew Members' attention to document S/FIN/W/47, containing a draft report of the Committee's activities in 2005.
With regard to paragraph 2 of the draft report, the representative of the United States suggested that the following sentence be added after the first sentence: "Some Members expressed concern that the three Members have not yet accepted the Fifth Protocol."
The representative of Brazil suggested that the following sentence be added to the final paragraph of the report: "Some Members

World Trade
Organization RESTRICTED S/FIN/M/37
24 October 2002 (02-5856) Committee on Trade in Financial Services

REPORT OF THE MEETING HELD ON 21 OCTOBER 2002

Note by the Secretariat

The Committee on Trade in Financial Services held a meeting on 21 October 2002.
She also confirmed that Bolivia had requested that the re-opening of the Fifth Protocol for its acceptance be included as an item on the agenda for the next meeting of the Council for Trade in Services.

The Chairman thanked Bolivia on behalf of all Members for its decision to finally accept the Fifth Protocol, an initiative that must be welcomed as an additional proof of Bolivia's commitment to the multilateral trading system.
Since that date, written communications had been received from the following Members: the European Communities and their Member States (S/FIN/W/18); the United States (S/FIN/W/19); Canada (S/FIN/W/20); Japan (S/FIN/W/21 and Addendum 1); and Chinese Taipei (S/FIN/W/22).
In terms of the legislation governing this sector, to fulfill its commitments, China had revised a series of regulations and administrative measures including: Regulations on Administration of Foreign-Funded Financial Institutions, Implementation Rules of the Regulations on Administration of Foreign-Funded Financial Institutions, Measures for Administration of Representative Offices of Foreign-Capital Financial Institutions in China; etc.
AIA Suzhou and Beijing branches, Everbright Sun-life Life Insurance had completed their preparatory work and had started operations during this period.
China meant the regulations already adopted by China, and commitments made by China on insurance, which had all been made public and easily accessible for foreign insurance companies.
In compliance with China's commitments, upon accession, foreign non-life insurers could establish a branch or joint venture with an equity level up to 51 percent; and within two years after accession, foreign non-life insurers would be allowed to establish wholly-owned subsidiaries.
Thirdly, many other WTO Members had also minimum operational capital requirement on branches of foreign banks, although the amount varied from Member to Member.
Therefore, for the purpose of protecting the interests of domestic depositors and the safety and soundness of the financial system, China had to treat branches of foreign banks as legal entities so as to separate risks of branches from those of their parent banks.
Pursuant to the accession commitments by the Chinese government, from December 2003, foreign banks would be allowed to conduct RMB business with Chinese enterprises and the current over-dependence of foreign banks on inter-bank borrowings would be gradually improved.
g) Concerning the approval process for establishing a Sino-foreign fund management joint venture company, Articles 11-17 of the Rules on the Establishment of the Fund Management Company with Foreign Shareholding specified the approval process for establishing a Sino-foreign fund management joint venture company.
He expressed the hope that the information provided to the Council for Trade in Services prior to the meeting and the explanation just given would help Members understand China's efforts and achievements to implement its commitments on financial services.
Although in the remarks of China there were some responses to some of the questions that had been posed and submitted by the United States and other Members, providing these answers in the context of this meeting did not provide the opportunity for a meaningful review that was intended by the transitional review mechanism.
China also committed to ensure that such procedures and conditions would not be more trade restrictive than necessary, that applicants would not need to be invited to apply for a license, and that the application process would be transparent with opportunities to cure deficiencies and reapply if necessary.
So, he was interested to hear from China when indeed the regulations would be final, so that non-bank financial institutions could begin to provide motor vehicle financing in China.

The representative of Chinese Taipei said that credit should be given to the Chinese delegation for its obvious efforts in preparing the responses to the questions and comments tabled by his delegation and several others.
Having said that, he noted that Chinese Taipei was a major trading partner of China, and a major foreign direct investor in China.
Turning to a matter of procedure, he noted that in its statement, the Chinese delegation referred to information provided in advance to the Secretariat and asked for further details in order to have access to it.
With respect to transparency, it was his understanding that the multi-tier, multi-stage approval process was in fact still being applied, said that was a very complex process.
regarding the issue of licensing procedures in the banking sector, it appeared from China's statement, that since it would take some time for foreign banks to establish a commercial presence, therefore they would be prohibited from applying for another license during a certain period of time.
Therefore, it was meaningless for Chinese Taipei to ask any specific question to China while it refused to fulfill its basic obligations under the WTO to allow the normal flow of goods, services and people across the strait.
Regarding the question on high-level senior management personnel for foreign insurance companies, he said that the fact that China allowed foreign senior management personnel to hold posts in China did not mean that there was no requirement for the qualification of their posts.
Regarding the 70 per cent limit on foreign exchange deposit versus total foreign exchange assets, he said that prior to the accession to the WTO the ratio was 40 per cent.
Therefore, under China's existing legal framework, a Chinese fund management company was not permitted to be the lead partner in either a new sino-foreign fund joint venture company or another domestic fund management company in order to avoid any illegal interest to transfer between the old Chinese fund management company and the newly set up companies.
The statement made by China and the subsequent clarification gave comprehensive information on the regulatory initiatives and changes made by the Chinese authorities to fulfill its commitments in financial services.
In the United States view, unless all questions were answered in writing and in an appropriate form, the review had not been completed.
It would be a factual report, stating basically the following:
- that, pursuant to section 18 of the Protocol on the Accession of the People's Republic of China, the Committee conducted a review of the implementation by China of the WTO Agreement and of related provisions of the said Protocol, in the meeting held on 21 October 2002;
- that written communications had been received from five WTO Members, namely the European Communities, the Unites States, Canada, Japan and Chinese Taipei; and,
- that the details of the discussion could be found in the meeting report,
He was of the view that although bilateral negotiations and discussions were still at an early stage and Members needed more time to reflect on the range of issues, Members should feel free to raise issues arising from bilaterals, so that those issues could benefit form the wisdom of this Committee and also benefit from open and multilateral discussions in this forum.

From the regulatory reform in Australia, benefits had been seen in the financial sector and the economy more generally, notably among these was that it had helped Australia to sustain strong economic growth in recent periods, and to manage chocks both from external downturn in Australian partners and internally from significant corporate chocks including in the insurance industry.
The United States did not believe the question was so relevant, since financial services were characterized by a discrete regulatory community, a highly regulated sector and a substantial history, including through participation in the IMF/World Bank programmes in developing transparency procedures.
With the growth of on-line banking and on-line trading in Hong Kong, China in the past few years, currently most of the banks, which represented around 80 per cent of the total customers deposit in Hong Kong, China, had already introduced internet banking services.

presentation by the world bank of its policy research report "finance for growth: policy choices in a volatile world"
The Chairman recalled that at the last meeting, under Other Business, Canada suggested that the Committee invite the World Bank to make a presentation of its 11th Policy Research Report, entitled "Finance for Growth".
This presentation, which could be organized following the format of previous presentations by international standard setting organizations and the International Monetary Fund, could take place during the next cluster of services meetings, in December 2002, provided World Bank representatives were available on those dates.

World Trade
Organization RESTRICTED S/FIN/W/22
11 October 2002 (02-5497) Committee on Trade in Financial Services Original: English


COMMUNICATION
from the Separate Customs Territory


of Taiwan, Penghu, Kinmen and Matsu



Transition Review Mechanism (TRM)
i
n
c
onnection
w
ith

Paragraph 18 of the Protocol on the Accession
of the People’s Republic of China


The attached paper has been received from the delegation of the Separate Territory of Taiwan, Penghu, K

World Trade
Organization RESTRICTED S/FIN/W/41
15 November 2004 (04-4836) Committee on Trade in Financial Services Original: English


Communication from CHINESE TAIPEI

Transitional Review Mechanism in connection with Paragraph 18 of
the Protocol on the Accession of the People's Republic of China


The following communication, dated 11 November 2004, from the delegation of Chinese Taipei is being circulated to the Members of the Committee on Trade in Financial Services.

_______________




We welcome
China’s
Implementing Rules for the Administrative Regulations on Foreign-Invested Financial
Institutions,
issued
on
26 July 2004.
We are pleased to note that some of the amendments made to the
Rules
by China’s competent authorities are in response to questions posed by Members at the last TRM sessions. Changes
includ
e the removal
of
the restriction of branch opening to one per year, the lowering
of capital requirements
, and improved cl

World Trade
Organization S/FIN/W/30
29 September 2003
(03-5104) Committee on Trade in Financial Services Original: English

COMMUNICATION FROM JAPAN


Transitional Review Mechanism in connection with Paragraph 18 of


the Protocol on the Accession of the People
’
s Republic of China


Questions and Comments of Japan on the Implementation by China
of its Commitments on Trade in Financial Services


The attached communication has been received from the delegation of Japan with the request that it be distributed to Members of the Committee on Trade in Financial Services.

_______________



Japan welcomes that, in the second year after accession, implementation by China of its commitments on trade in financial services has progressed and is entering into a cruising phase. It appreciates efforts by China for developing and
improv
ing necessary regulatory framework and smoothly implementing phase-in commitments. In a transitional period of evolvin

World Trade
Organization RESTRICTED S/FIN/W/49
14 September 2005
(05-3998) Committee on Trade in Financial Services Original: English


Communication from AUSTRALIA

Transitional Review Mechanism in connection with Paragraph 18 of
the Protocol on the Accession of the People's Republic of China


The following communication, dated 12 September 2005, from the delegation of Australia is being circulated to the Members of the Committee on Trade in Financial Services.


_______________



Australia acknowledges China’s continuing efforts to implement its WTO commitments for financial services. Australia recognises that China’s accession to the WTO and its own economic reform program have instigated a welcome process of liberalisation with a view to greater access for foreign firms across the financial services sector. The competitive stimulus and enhanced efficiency flowing from opening the financial services sector to greater foreign participation, c

World Trade
Organization RESTRICTED S/FIN/W/48
12 September 2005 (05-3937) Committee on Trade in Financial Services Original: English



Communication from the separate customs territory of taiwan, Penghu, kinmen and matsu

Transitional Review Mechanism in connection with Paragraph 18 of
the Protocol on the Accession of the People's Republic of China


The following communication, dated 7 September 2005, from the delegation of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu is being circulated to the Members of the Committee on Trade in Financial Services.

_______________



Que
stions and Comments of the Separate Customs Territory of Taiwan,
Penghu, Kinmen and Matsu on the Implementation by China
of its Commitments on Trade in Financial Services




It is our understanding that, in accordance with the provisions of the WTO Agreement, China’s Accession Protocol, the Report of the Working Party on China’s Accession, and Chin

World Trade
Organization TN/S/W/9
19 December 2002 (02-6991) Council for Trade in Services
Special Session Original: English


COMMUNICATION FROM THE PEOPLE'S REPUBLIC OF CHINA

Assessment of Trade in Services


The following document has been received from the delegation of the People's Republic of China with the request that it be circulated to Members of the Council for Trade in Services.

_______________

China’s Services Trade: Development and Experiences of

World Trade
Organization RESTRICTED S/C/W/217
17 October 2002 (02-5652) Council for Trade in Services Original: English



COMMUNICATION FROM THE SEPARATE CUSTOMS TERRITORY OF
TAIWAN, PENGHU, KINMEN AND MATSU

Transitional Review Mechanism - People’s Republic of China

Trade in Services


The attached paper has been received from the delegation of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu with the request that it be circulated to Members o

The Impact of Financial Liberalization
on Both Sides of the Taiwan Strait

Lee-Rong Wang *
Director, Center for Economic Forecasting
Chung-Hua Institution for Economic Research

June 2002
* Corresponding author: lrwang@mail.
cier.
75 Chang-Hsing Street, Taipei 10671, Taiwan, ROC, Tel: (02)2735-6006, ext 527; Fax: (02)2739-0590.

World Trade
Organization GATS/SC/31/Suppl.
EUROPEAN COMMUNITIES AND THEIR MEMBER STATES - REVISED SCHEDULE OF SPECIFIC COMMITMENTS

Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments FINANCIAL SERVICES SECTOR

1.
(1) A: Higher premium tax is due for insurance contracts (except for contracts on reinsurance and retrocession) which are written by a subsidiary not established in the Community or by a branch not established in Austria.
S: The supply of direct insurance is allowed only through an insurance service supplier authorised in Sweden, provided that the foreign service supplier and the Swedish insurance company belong to the same group of companies or have an agreement of cooperation between them.
P: Air and maritime transport insurance, covering goods, aircraft, hull and liability can be underwritten only by firms established in the EC; only persons or companies established in the EC may act as intermediaries for such insurance business in Portugal.
FIN: The managing director, at least one auditor and at least one half of the promoters and members of the board of directors and the supervisory board of an insurance company shall have their place of residence in the European Economic Area, unless the Ministry of Social Affairs and Health has granted an exemption.
IRL: The provision of investment services or investment advice requires either (I) authorisation in Ireland, which normally requires that the entity be incorporated or be a partnership or a sole trader, in each case with a head/registered office in Ireland (authorisation may not be required in certain cases, e.
(3) F: In addition to French credit institutions, issues denominated in French francs may be lead managed only by French subsidiaries (under French law) of nonFrench banks which are authorised, based on sufficient means and commitments in Paris of the candidate French subsidiary of a nonFrench bank.
GR: For the establishment and operations of branches a minimum amount of foreign exchange must be imported, converted into drachmas and kept in Greece as long as a foreign bank continues to operate in Greece:

 Up to four (4) branches this minimum is currently equal to half of the minimum amount of share capital required for a credit institution to be incorporated in Greece;
 For the operation of additional branches the minimum amount of capital must be equal to the minimum share capital required for a credit institution to be incorporated in Greece.
I: In the case of collective investment schemes other than harmonised UCITS under the directive 85/611/EEC, the trustee/ depositary is required to be incorporated in Italy or in another Member State of the European Community, being established through a branch in Italy.
IRL: The provision of investment services or investment advice requires either (I) authorisation in Ireland, which normally requires that the entity be incorporated or be a partnership or a sole trader, in each case with a head/registered office in Ireland (the supervisory authority may also authorise branches of third country entities), or (II) authorisation in another Member State in accordance with the EC Investment Services Directive.
(4) Unbound except as indicated in the horizontal section and subject to the specific conditions: (4) Unbound except as indicated in the horizontal section and subject to the following specific limitations:

F: Sociétés d'investissement à capital fixe: condition of nationality for the president of the Board of Directors,
c) The supervisory authorities of the Member States will make their best endeavours to respond without undue delay to requests for information by applicants on the status of complete applications for licences to conduct direct insurance underwriting business, through the establishment in a Member State of a subsidiary in accordance with the legislation of that Member State by an undertaking governed by the laws of a third country.
f) The European Communities and their Member States note that under EC law, as in force on 31 December 1997, and without prejudice to future legislation, the prior approval by national supervisory authorities of policy conditions and scales of premiums that an insurance undertaking intends to use is generally not required.
c) In application of the relevant EC Directives, Member States will make their best endeavours to consider within 6 months complete applications for licenses to conduct investment services in the securities field, as defined in the Investment Services Directive, through the establishment in a Member State of a subsidiary in accordance with the legislation of that Member State, by an undertaking governed by the laws of a third country.
such branches receive an authorisation to operate in the territory of a Member State under conditions equivalent to those applied to domestic financial institutions of that Member State, and may be required to satisfy a number of specific prudential requirements such as, in the case of banking and securities, separate capitalisation and other solvency requirements and reporting and publication of accounts requirements or, in the case of insurance, specific guarantee and deposit requirements, a separate capitalisation, and the localisation in the Member State concerned of the assets representing the technical reserves and at least one third of the solvency margin.
Member States may apply the restrictions indicated in this schedule only with regard to the direct establishment from a third country of a commercial presence or to the provision of crossborder services from a third country; consequently, a Member State may not apply these restrictions, including those concerning establishment, to thirdcountry subsidiaries established in other Member States of the Community, unless these restrictions can also be applied to companies or nationals of other Member States in conformity with Community law.

World Trade
Organization S/C/N/224
24 December 2002 (02-7103) Council for Trade in Services Original: English

NOTIFICATION PURSUANT TO ARTICLE III:3 OF THE
GENERAL AGREEMENT ON TRADE IN SERVICES


The following notification has been received from the delegation of the People's Republic of China.

____________


Member notifying:
The People's Republic of China

Notification under:
Article III, paragraph 3 of the General Agreement on Trade in Services

Date o

World Trade
Organization RESTRICTED S/FIN/W/42
17 November 2004
(04-4966) Committee on Trade in Financial Services Original: English


Communication from AUSTRALIA

Transitional Review Mechanism in connection with Paragraph 18 of
the Protocol on the Accession of the People's Republic of China


The following communication, dated 16 November 2004, from the delegation of Australia is being circulated to the Members of the Committee on Trade in Financial Services.


_______________



Australia acknowledges the difficult work undertaken by China to implement its WTO commitments for financial services. Australia recognises that China’s accession to the WTO and its own economic reform program has instigated a welcome process of liberalisation with a view to greater access for foreign firms across the financial services sector. The competitive stimulus and enhanced efficiency that is being engendered in the financial services sector will be an importan

World Trade
Organization S/C/N/225
24 December 2002 (02-7099) Council for Trade in Services Original: English

NOTIFICATION PURSUANT TO ARTICLE III:3 OF THE
GENERAL AGREEMENT ON TRADE IN SERVICES


The following notification has been received from the delegation of the People's Republic of China.

____________


Member notifying:
The People's Republic of China

Notification under:
Article III, paragraph 3 of the General Agreement on Trade in Services

Date o

World Trade
Organization GATS/SC/16/Suppl.
1
6 June 2000 (00-2236) Council for Trade in Services

canada

Schedule of Specific Commitments

Supplement 4

Revision

(This is authentic in English and French only)

_______________

Revision of the Canadian Schedule of Commitments for GATS - Financial Services

Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 7.
For greater certainty, market access commitments with respect to the “crossborder” and “consumption abroad” supply of services (as described in paragraphs 2(a) and 2(b) of Article 1 of the General Agreement on Trade in Services) apply only to the transactions indicated in paragraphs 3 and 4 of Market Access of the Understanding.
(2) None, other than:

Direct insurance other than life, personal accident, sickness or marine insurance (federal): An excise tax of 10 per cent is applicable on net premiums paid to nonresident insurers or exchanges in regard to a contract against a risk ordinarily within Canada, unless such insurance is deemed not to be available in Canada.
(Quebec): Upon any allotment or transfer of voting shares of the capital stock insurance company “SSQ, Société d’assurancevie inc” or of the holding company “Groupe SSQ inc”, the minister may ask such companies to prove that the shares were offered by preference to Quebec residents and subsequently to other Canadian residents,
(Federal): The purchase of reinsurance services by a Canadian insurer, other than a life insurer or reinsurer, from a resident reinsurer is limited to no more than 75 per cent of the risks undertaken by the insurer purchasing the reinsurance.
(2) None (2) None, other than:

Intermediation of insurance relating to commercial aviation, space launching, freight (including satellites) and goods in international transit (federal): An excise tax of 10 per cent is applicable on net premiums paid to nonresident insurers or exchanges in regard to a contract against a risk ordinarily within Canada,
The excise tax is also applicable on net premiums payable with regard to a contract entered into, through a nonresident broker or agent, with any insurer authorized under the laws of Canada or of any province to carry out the business of insurance.
other than:
(1) None

(2) None

(3) None, other than:
(a) Acceptance of deposits and other repayable funds from the public (CPC 81115- 81119)
Banks: To undertake the business of banking in Canada, a foreign bank must:

(i) incorporate a bank subsidiary under the Bank Act; or (b) Lending of all types, including inter alia, consumer credit, mortgage credit, factoring and financing of commercial transactions (CPC 8113)
(ii) establish a bank branch under the Bank Act,

In order to establish a bank branch, a foreign bank must be authorised under the Bank Act and must be incorporated by or under the laws of another jurisdiction outside Canada (i.
(Saskatchewan): Individual and collective foreign ownership of Canadian-controlled and provincially incorporated companies can be no more than 10 per cent of shares

(British Columbia): Incorporations, share acquisition or application for business authorization, where any person controls or will control 10 per cent or more of the votes of the company, are subject to ministerial approval.
) (CPC 81339*);

- foreign exchange
(CPC 81333*);
(1) None, other than:

Advisory and auxiliary financial services (Alberta, British Columbia, Nova Scotia, Ontario, Quebec and Saskatchewan): Services must be supplied through a commercial presence in the jurisdiction in which the adviser is providing advice.
(2) None - transferable securities
(CPC 81321*)
- other negotiable instruments and financial assets, including bullion
(CPC 81339*)
(3) None, other than:

Securities dealers and brokers (British Columbia, Ontario, Saskatchewan, Yukon): Must be incorporated, formed or continued under federal, provincial or territorial laws

(Quebec): Only brokerage firms incorporated under federal, provincial or territorial laws may be members of the Montreal Exchange.
(g) Participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of service related to such issues (CPC 8132)
Advisory and auxiliary financial services (British Colombia): Must be incorporated, formed or continued under federal, provincial or territorial laws.
Trading in securities and commodity futures and advisory and auxiliary financial services  dealers, brokers and advisers: (all provinces except British Columbia, New Brunswick and Quebec): An individual applicant for registration is required to have been a resident of Canada for a period of at least one year prior to the application and a resident of the province in which he/she wishes to operate at the date of application.
securities, derivative products, and other negotiable instruments (CPC 81339*, 81319)
(Quebec): An individual acting as a representative of a dealer or adviser, subject to certain exemptions, must be a resident of the province (k) Advisory, intermediation and other auxiliary financial services on all the activities listed in Article 5(a)(v) through (xv) of the Annex on Financial Services, incl.

World Trade
Organization S/C/N/221
24 December 2002 (02-7098) Council for Trade in Services Original: English


NOTIFICATION PURSUANT TO ARTICLE III:3 OF THE
GENERAL AGREEMENT ON TRADE IN SERVICES


The following notification has been received from the delegation of the People's Republic of China.

____________


Member notifying:
The People's Republic of China

Notification under:
Article III, paragraph 3 of the General Agreement on Trade in Services

Date

World Trade
Organization S/C/N/222
24 December 2002 (02-7101) Council for Trade in Services Original: English


NOTIFICATION PURSUANT TO ARTICLE III:3 OF THE
GENERAL AGREEMENT ON TRADE IN SERVICES


The following notification has been received from the delegation of the People's Republic of China.

____________


Member notifying:
The People's Republic of China

Notification under:
Article III, paragraph 3 of the General Agreement on Trade in Services

Date

World Trade
Organization S/C/N/215
24 December 2002 (02-7094) Council for Trade in Services Original: English


NOTIFICATION PURSUANT TO ARTICLE III:3 OF THE
GENERAL AGREEMENT ON TRADE IN SERVICES


The following notification has been received from the delegation of the People's Republic of China.

____________


Member notifying:
The People's Republic of China

Notification under:
Article III, paragraph 3 of the General Agreement on Trade in Services

Date

World Trade
Organization S/FIN/W/25/Add.1
19 June 2003 (03-3275) Committee on Trade in Financial Services Original: English




COMMUNICATION FROM HONG KONG, CHINA

Market Trends and Regulatory Issues Relating to Electronic Banking and On-line Trading in the Securities and Futures Market of Hong Kong, China

Addendum


The attached communication has been received from the delegation of Hong Kong, China with the request that it be circulated to the Members of the Committee on Trade in Financial Services.

_______________



Answers to Supplementary Questions



Members of the Committee on Trade in Financial Services raised a number of questions at the meeting of 26 February 2003 on the submission by Hong Kong, China (HKC) sharing its experience on regulatory issues relating to electronic banking and on-line trading in the securities and futures markets in HKC (S/FIN/W/25). This supplementary note provides some of the answers for the purpose of info

World Trade
Organization S/C/N/220
24 December 2002 (02-7100) Council for Trade in Services Original: English


NOTIFICATION PURSUANT TO ARTICLE III:3 OF THE
GENERAL AGREEMENT ON TRADE IN SERVICES


The following notification has been received from the delegation of the People's Republic of China.

____________


Member notifying:
The People's Republic of China

Notification under:
Article III, paragraph 3 of the General Agreement on Trade in Services

Date