这里差不多是文章的一半,***翻译,联系QQ123968326 CHINA’S NEW REGIONAL TRADE AGREEMENTS ABSTRACT This paper discusses the recent regional trade agreements that China has concluded rapidly following accession to the WTO in 2002. Agreements are in place with Hong Kong, Macao, ASEAN, Australia, and New Zealand, and are either in negotiation or under discussion with South Africa, Chile, India, and the Gulf Cooperation Council. These agreements differ sharply in form and substance, and involve process commitments to ongoing negotiation and cooperation on a wide range of issues. Differences relating to the regional agreements negotiated by the EU and the US are emphasized, as are later potential difficulties these agreements create in moving to an Asian trade bloc centred on them. 1. Introduction Most of the recent discussion of Chinese trade policy from outside China has been of China's WTO accession, assessing both the commitments themselves and the process of implementation (Bhattasali, Li, and Martin (2004), Whalley (2003)). Less attention has been given to the network of post WTO accession regional trade agreements that China is now in the process of negotiating. Agreements, or initial frameworks of agreements are now in place with Hong Kong, Macao, ASEAN, Australia, and New Zealand. Discussions on possible FTAs with India, Chile, Singapore, South Africa, the Gulf Cooperation Council are underway. Possible direct or indirect arrangements involving Korea and Japan are the subject of speculation. Thus, what we may be witnessing with China's new regional trade agreements is the emergence of a third wave of large power regional agreements which will likely set the precedent for other Chinese regional agreements to follow in future years. China, like other large powers in the trading system (the US and the EU) has clear incentive to commit to multilateral disciplines in the WTO as a way of gaining non discriminatory access to large markets and head off discrimination against her either in both these or smaller third country markets by fellow large powers. But closer to home (and as with the US and the EU) China has equally clear incentive to negotiate supplemental regional arrangements which deal with interests in local markets in ways which go beyond WTO disciplines. The US with NAFTA, and the EU with accession and other agreements have encountered similar incentives with similar results. But there are several striking features of China's emerging network of agreements which differentiate it both from to the one off negotiation of NAFTA by the US in 1991 and the process of ever deeper EU integration initiated by the 1957 Treaty of Rome. The first is the diversity of these agreements, both in form and coverage. For example, the agreement with Hong Kong is concrete and focused on both goods trade and cross border investment and financial activities, while the agreements with Australia and New Zealand are largely general indicative statements of intent in much wider number of areas. Diversity of approach while it seems to be the hallmark potentially makes the later emergence of an Asian trade bloc centred on these agreements more problematical. A second feature is their seeming brevity, and hence the inevitably vagueness of the texts involved (the Hong Kong and Macao Closer Economic Partnership Agreements (CEPA) have only thirteen pages of main text with additional annexes). Much seems to be left to subsequent joint agreement and mutual management of the trade relationship. A third feature is the absence (unlike especially the US agreements) of explicit and clear dispute resolution procedures with conciliation between the parties being relied upon. Other features are extensive lists of specific bilateral commitments in services (especially in the case of CEPA) which go beyond the form and type of commitments undertaken by most WTO members in the GATS. Another is extensive attention devoted to arrangements both for joint ventures and the operation of financial institutions in a joint regulatory environment in the Hong Kong Arrangement. The focus of recent US bilateral initiatives seemingly on gaining unilateral access for key service sectors in partner countries in return for accelerated bilateral tariff elimination (see Schott (2004)), and of recent EU bilaterals on wider diplomatic linkage to trade and competition policy (see Brenton (2002)) find no parallels in these emerging Chinese agreements. Instead, the emphasis for now is primarily on trade access for manufactures through bilateral tariff reduction/elimination and bilaterally scheduled commitments in services. The majority of literature on regional trade agreements from economists continues to treat them all as relatively similar in structure, despite the fact that the reality is quite different. Here a third set of agreements, further differentiated from the already different US and EU regional agreements, seem to characterize early Chinese regional negotiation, and more agreements seem likely to follow. We first discuss the Hong Kong CEPA agreement, next the China-ASEAN agreement, and the Australia, New Zealand agreements, and then what seems to be emerging on other fronts. We conclude with a discussion of what the Chinese interest may be in further elaborating this network of treaty arrangements in the future. *域名隐藏* Closer Economic Partnership Arrangements with Hong Kong and Macao China's Closer Economic Partnership Arrangement (CEPA) with Hong Kong was signed on June 29th, 2003 with the stated broad aims of promoting joint economic prosperity and development, and facilitating the further development of economic links between China, Hong Kong, and other countries (regions)1. It contains 13 pages of text and 6 annexes. Its main content lies in progressive bilateral reduction or elimination of tariff and non-tariff barriers applying to goods trade, reducing bilateral restrictions on service trade, and various steps to further promote bilateral trade and investment. As a formal free trade agreement, the Hong Kong CEPA was notified to WTO on January 12, 20042. So far a working party has not been established and factual examination by the WTO Committee on Regional Trade Agreements has not started yet. Under the agreement Hong Kong maintains its current zero-tariff policy towards goods imported from the Mainland, with a staged tariff elimination for goods imported by China from Hong Kong. China agrees to introduce zero tariffs for a list of goods specified in Annex 1 as of January 1, 20043. Full elimination of bilateral tariffs will occur no later than January 1st, 2006. All goods have to meet CEPA rules of origin (details on these rules are in Annex 2). Imports claiming origin must also be accompanied by a valid Certificate of Origin. To acquire Hong Kong origin a good must have 30% value added in Hong Kong (this includes the value of raw materials, labour costs, component parts, and product development costs). Foreign companies in Hong Kong can export goods to China under CEPA if the products meet the added value requirement. The Macao Closer Economic Partnership Arrangement is almost identical to the Hong Kong CEPA. The minor differences come from slightly different names of agencies and regulations in Hong Kong and Macao, and the lists of goods in Tables in Annexes 1 & 2 differ in some areas. Everything else is the same including the main text, Rules of Origin, and other requirements for entities operating in the Mainland. The date of signing the documents was October 17, 2003 and the Macao CEPA has also been notified to WTO (in March 2004). For non-tariff measures on goods these agreements specify that neither party is to introduce new quotas or other barriers towards bilateral imports. Neither party will use any-dumping actions against the other. CEPA allows for safeguards actions in goods trade after written notice, but these safeguards measures are seemingly not fully specified. Bilateral liberalization of trade in services is specified in Annex 4 of both CEPAs. They each list 18 services sectors and specific bilateral commitments in each. The list includes (among others): management consulting, advertising, accounting, real estate and construction, logistics, freight forwarding, telecommunications and legal services. The agreement applies to financial activities, banking, insurance, and securities, and opens financial markets in the Mainland to entities from Hong Kong, CEPA for example lowers the required minimum assets for Hong Kong banks that establish branches in China from 20bn USD to 6bn USD. A significant innovation in these agreements is that they define a new services entity, “a Hong Kong service supplier” (Annex 5) which opens doors to Chinese markets for international companies who can utilize this entity4. Benefits from the bilateral scheduled commitments in services only apply to this entity. To qualify, such a company must be established in Hong Kong for no less than three years (5 years for construction, banking, insurance, and related services), pay applicable profit taxes, have business premises (owned or rented) reflecting business activities in Hong Kong, and employ at least 50 % of the staff locally from Hong Kong permanent residents. The intended business in China must be the same as the company's substantive business in Hong Kong , and documentation is required to establish this. For the purposes of the agreement CEPA recognizes service companies acquired by an overseas company as a Hong Kong service company one year after the merger or acquisition takes place. Any qualifying Hong Kong company operating in China must have Hong Kong Service Supplier Certificate issued in Hong Kong. Annex 5 excludes any overseas company registered in Hong Kong that is “specifically established for providing certain services to its parent company”, e. g. representative offices and “mailbox companies”. Both CEPAs also provide for cooperation in tourism and mutual recognition of professional qualifications. In tourism the Mainland allows the residents of Guangdong to visit Hong Kong and Macao individually (at first on a trial basis in Dongguan, Zhongshan, and Jiangmen, then the entire province). The two countries also state their plan to promote bilateral tourism, jointly promoting programmes centred around the Pearl River Delta, and cooperate in raising the standard of services and protection of tourists. China and Hong Kong (Macao) aim to achieve mutual recognition of professional qualifications. Specific requirements and methodologies for qualification recognition are to be agreed through a consultative process with government authorities and professional bodies in the countries. CEPAs contain trade and investment facilitation provisions under which China and Hong Kong (Macao) agree on seven areas of cooperation (trade and investment promotion, customs clearance facilitation, cooperation of small and medium sized enterprises, transparency in laws and regulations and oth The overall coordination and implementation of each CEPA is the sole responsibility of a Joint Steering Committee who are to resolve disputes, and interpret provisions (Article 19). The Committee comprises senior representatives or officials nominated by the two countries who will meet at least once a year. Special meetings can be held upon 30 days notice or request by either side. The functions of the Steering Committee include supervising the implementation of CEPA, interpreting the provisions of CEPA, resolving disputes, drafting additions and amendments to the content of CEPA, and supervising the working groups. All decisions of the Committee must be by consensus. Working groups of the Steering Committee are to be set up according to the needs of the parties and Liaison Offices are to be established both in the Chinese Ministry of Commerce and the Hong Kong Commerce, Industry and Technology Bureau (for the Macao CEPA, The Office of the Secretary for Economy and Finance of Macao Special Administrative Region Government). In August 2004, further details of the arrangement between China and Hong Kong going beyond what was in the original CEPA were agreed and took the form of a Record of Consultation on Further Liberalization under the Mainland and Hong Kong CEPA. This document states that progress on implementation of CEPA has been smooth and has had a positive impact on both economies, and then expands on the earlier agreement between the two sides. In goods trade China agrees to apply zero tariffs to the next stage of goods imported from Hong Kong at the beginning of next year (2005). This includes 713 goods (and applies to both existing and planned production) covering food, chemical, mechanical and electronic products. Rules of origin for these goods (which maybe slightly different from those in the original CEPA) are to be concluded no later than October 2004. In services trade China offers to further relax market access conditions for Hong Kong service suppliers (but without precisely specifying what relaxation is involved). This includes the 11 sectors already specified in the original CEPA, and 8 new sectors including (among others): airport, information technology, job intermediaries, and marketing services. Most of these new commitments are to be implemented in January 2005. The reaction to and comment on both of the CEPAs has been that since Hong Kong (Macao) is already one of the most open economies in the world and does not apply any significant barriers towards goods and services imported from China, each CEPA is effectively a one sided series of concessions by Beijing5. Before signing the agreement only about 20% of all goods trade from Hong Kong to China were tariff free (it was 90% in 2004 after CEPA implementation)6. To the extent this is the case, one can argue that China gains little from the CEPAs on the trade front except for the freedom from anti-dumping actions by Hong Kong (Macao) against China. But these CEPAs will likely have a larger impact on services trade and here joint interests come into play. In most of the specified sectors Hong Kong (Macao) service companies will gain improved access to Chinese markets and sooner than those from other countries waiting for the implementation of China's WTO accession commitments. China promotes Hong Kong service providers over third country competitors, and given the closeness of the relationship involved and with eventual reintegration this may be seen in China as in the Chinese interest. A issue skeptics might arise is whether local regulations in China may anyway prove to be the binding restriction for Hong Kong companies operating in Mainland and CEPAs provisions in reality will be of little importance. China also may be planning to use the CEPAs to attract Hong Kong (Macao) professionals to its services markets so that they can then train Chinese workers7. New rules for individual tourists coming to the Mainland from Hong Kong are also seen as a way of bringing the bilateral relationship closer in addition to immaculate economic benefits. While these CEPAs may be largely another step in Mainland – Hong Kong (Macao) integration but without too much of an impact on the Chinese economy before China – WTO agreements comes fully into force in 2007, but they are nonetheless precedents for further Chinese regional agreements. *域名隐藏* ASEAN – China Agreement China and ASEAN signed a Framework Agreement on Comprehensive Economic Cooperation in November 2002. It is less concrete than the CEPAs and only sets out a broad framework for more detailed agreements that are to follow. It contains 21 pages of text and 4 annexes. Its main stated objectives are: economic, trade and investment cooperation, progressive liberalization of trade in goods and services, creation of a liberal and transparent investment regime, and closer ec 本帖子2005-06-09 6:17:12由颜薇进行编辑!!
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