PROTOCOL ON THE ACCESSION OF THE PEOPLE'S REPUBLIC OF CHINA

　　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