World Trade
Organization RESTRICTED S/C/W/265
14 September 2005 (05-4015) Council for Trade in 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 12 September 2005, from the delegation of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu is being circulated to the Members of the Council for Trade in Services.

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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 China’s Schedule of Specific Commitments, upon its accession, China confirmed that it will publish a list of all organizations that were responsible for authorizing, approving or regulating service activities for each service sector, and it would publish in the official journal all of China's licensing procedures and conditions prior to becoming effective.
since the year 2000, the Chinese government has promulgated and released several laws and regulations governing the telecommunications industry, including the China Telecommunications Regulations, the Administrative Regulations of Foreign-invested Telecommunications Business, the Catalogue of Telecommunications Services, the Administrative Regulations of Licenses for Telecommunications Services, and the Administrative Regulations of the Internet Services.
The Administrative Regulations of Telecommunications Universal Service Cost Compensation shall be jointly enacted by the Ministry of Information Industry and the Ministry of Finance under the State Council as well as the competent authority in charge of prices control, and then be forwarded to the State Council for approval before its promulgation.
within six years after accession, there are to be no restrictions on the establishment of branches by a joint-venture travel agency/tour operator and the requirement on registered capital of foreign-invested travel agency/tour operators is to be the same as that of Chinese travel agency/tour operators.
Could China please elaborate on the expected length of the trial period for the Provisional Regulations on the Establishment of Foreign-controlled and Wholly Foreign-owned Travel Agencies, and advise whether the relevant regulations will ultimately be included in the Regulations on Administration of Travel Agencies.