WTO WATCH
July
2001 Issue

China's entry into the WTO within sight
By Ellen Liu
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
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
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, China ’s 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 China ’s 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 China ’s 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 China’s 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 China ’s WTO
accession through the Chamber’s
Web site: www.chamber.org.hk. |