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WTO WATCH                                                                 July  2001 Issue


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China's entry into the WTO within sight

By Ellen Liu

wtoeu.jpg (19292 bytes)China and the United States announced on June 9 that they had reached agreement on major outstanding issues concerning China's accession to the WTO during June 4-8 bilateral talks in Shanghai. United States negotiators, led by United States Trade Representative Robert B Zoellick, and Chinese negotiators, led by Minister of Foreign Trade and Economic Cooperation Shi Guangsheng, capped 15 years of negotiations on areas including domestic support for agriculture, services and trading rights.

Just 11 days later, Minister Shi and his European Union counterpart, EU Trade Commissioner Pascal Lamy, announced on June 20 in Brussels that they, too, had reached consensus on China's WTO entry.

Speaking on the agreement, WTO Director-General Mike Moore said, "The Sino-EU accord is another step towards China gaining membership in the World Trade Organisation. Together with the Sino-U.S. agreement reached earlier this month, this adds new momentum to China's bid for WTO membership. I hope a decision can be made on the admission of China at our Ministerial Conference in Doha, Qatar, this November."

Details of the Sino-EU accord have yet to be released, but we can gain a general idea of China's commitments from what has been revealed of the Sino-U.S. agreement.

Agriculture

wto2.jpg (21648 bytes)China has agreed to a de minimis exemption of 8.5 per cent, which means that China's subsidies will be capped at this amount, both for general support and for each specific product. The agreement also grants China an 8.5 per cent subsidy for programmes intended to encourage agricultural and rural development for resource-poor farmers, in particular investment subsidies pro-grammes, input subsidies programmes, and programmes for diversification from narcotic crops.

China reiterated it would forego all export subsidies for agriculture, and that it would improve implementation of its bilateral agreement with the United States on grains, meat and citrus fruits. For example, China has established an e-mail hotline to help exporters when their goods encounter problems entering Chinese ports.

Services - Insurance and Distribution

INSURANCE: China clarified its commitments towards allowing foreign insurers to write large scale commercial risk in the country. A specific timetable was set to phase-out the compulsory 20 per cent concession to the state-invested China Reinsurance Company to zero within five years after WTO accession.

China exempted 'statutory' or compulsory insurance from national treatment in 1999. A definition was negotiated to narrow the exemption only to third party liability insurance for drivers and operators of buses and other commercial vehicles. In addition, China eliminated the provisions on its insurance commitments included in the draft WTO Working Party report last year and inserted a commitment that would progressively liberalise insurance services.

DISTRIBUTION: China clarified its commitment on chain store operations in a way that restricts the kinds of stores that will have equity limitations. Only those stores that sell a large variety of commodities and brands from multiple suppliers will be restricted and only for 30 or more stores.

Trading Rights

wtoq.jpg (36638 bytes)China has promised to grant import and export rights to both foreign-invested companies in China and foreign companies that export goods to China. The country will phase-in trading rights for foreign-invested enterprises over a three-year period, starting with minority foreign-invested joint ventures qualifying for trading rights one year after accession, majority foreign-invested qualifying after two years and wholly foreign-owned enterprises qualifying three years after China's accession. The timing is co-ordinated with the phase-in on distribution, so that three years after accession, a wholly-foreign owned enterprise can import and distribute almost all products.

For foreign enterprises without a presence in China, the agreed text limits the types of requirements that China can impose as a condition on obtaining trading rights and provides that trading rights will be granted in a non-discriminatory and non-discretionary way.

The final steps

Now that China has reached consensus with the United States and the EU, a few important steps remain to be taken before the country can become a WTO member.

First of all, the 16th meeting of the WTO Working Party on the Accession of China was held in Geneva from June 28 to July 4. This was the first meeting to be held at the WTO headquarters since negotiations on agriculture subsidies came to a standstill in January.

Before the meeting, a statement released by the U.S. Embassy in Beijing on June 9 said: "China and the United States agree to work together in Geneva to complete China's WTO accession."

On June 20, EU Trade Commissioner Pascal Lamy welcomed the Sino-EU consensus: "We will work together in Geneva to accelerate the pace of reaching a final agreement."

On July 3, chief Chinese negotiator Long Yongtu told reporters that, "All major issues have been resolved." The working group will meet again on July 14, and then again in mid-September when the overall agreement is expected to be completed.

As such, it is expected the Sino-U.S. and Sino-EU agreements will be realised at the forthcoming meeting.

After the working group meetings, China and all other parties involved in the negotiations will have to submit to the WTO Secretariat their lists of commitments so that member nations can verify the technical details and finalise the terms for China's accession. As of early July, about 20 member nations had yet to forward their lists. The submission and verification process is expected to take two to three months to complete.

Moreover, the terms on China's admission must be compiled into three documents: a report, a draft membership treaty (protocol of accession) and a list of commitments (schedule). The package will be presented to the WTO General Council or the highest authority of the WTO - the Ministerial Conference - for approval. China will then need a two-third majority vote to become a WTO member.

The last stage involves the National People's Congress China's legislative body - ratifying the final agreement. China will become a WTO member 30 days after filing its notice of acceptance with the WTO.

While the technical points seem straightforward, it is still uncertain whether a new round of multilateral trade talks will be on the agenda of the 4th WTO Ministerial Conference, to be held in Doha, Qatar, from November 9 to 13. Despite strong appeal from WTO Director-General Mike Moore, the topic has been opposed by trade projectionist forces.

If a new round of multilateral trade talks fails to materialise, Chinas WTO accession will probably become the theme of the conference and allow the WTO Secretariat in the coming months to focus on its entry.

Nevertheless, it is possible that the Ministerial Conference will give rise to a new round of multilateral trade talks and the WTO Secretariat is speeding up its preparation for the conference.

China, of course, hopes to be able to have obtained a formal status in the trade talks by then, and Mr Moore has reiterated his support for Chinas participation in the new round of negotiations on global trade liberalisation. Without China, the results of the negotiations would be incomplete, he said.

Although Mexico has yet to conclude talks with China, it said it would not block Chinas entry when the final documents come before the WTO General Council for approval. Success in the Sino-U.S. and Sino-EU negotiations have laid a solid ground for us to believe Chinas WTO accession is right around the corner. Unless unexpected disputes or incidents arise, it is possible for China to gain its formal WTO membership by November.

We will continue to provide up-to-date news on the meeting and the progress of Chinas WTO accession through the Chambers Web site: www.chamber.org.hk.

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