还是把剩下的部分放上来了.呵... *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 economic integration within the region. Under the agreement the parties have agreed to work towards the establishment of a Free Trade Area (FTA) between China and ASEAN within 10 years, but precisely what this FTA will comprise and what its institutional underpinnings will be remain for now unclear. What will be sought in CAFTA will be elimination of tariffs and non-tariff barriers in goods trade, liberalization of services trade, promotion of bilateral investment within the FTA, and simplification of customs procedures and the establishment of mutual recognition arrangements. The China-ASEAN Agreement has not been notified to WTO, but the eventual CAFTA will presumably be. Under the agreement, China and ASEAN FTA (CAFTA) with the original ASEAN 6 (Brunei, Indonesia, Malaysia, Philippines, Singapore, and Thailand) is to be established by 2010 and by 2015 with the newer ASEAN members (Viet Nam, Lao PDR and Myanmar, Cambodia). Bilateral tariffs will be lowered to 0-5% on most goods, and non-tariff barriers are to disappear. The goods subject to reduction/elimination, along with tariff rates and schedules (involving both a Normal and a Sensitive Track as per Article 3, Paragraph 4 of the agreement) and rules of origin are to be negotiated by the parties, and spelled in more detailed agreements to follow. Any bilaterally agreed safeguard arrangements and disciplines on subsidies, anti-dumping measures are to be based on existing GATT disciplines and are also to be elaborated. As far as trade in services is concerned, the parties plan to negotiate progressive elimination of all discrimination in new and existing service restrictions (unless permitted under GATS). In the investment area, the parties are to liberalize their investment regimes, strengthen cooperation, and improve transparency of rules and regulations. A key element in the 2002 ASEAN-China agreement is an Early Harvest Programme set to start in 2004 (Annex 1). The Programme will cut tariffs ahead of the planned establishment of the CAFTA in 2010 (it is also called a “trial move”). Eight categories of agricultural products (about 600 different goods) with exclusions are itemised in Annex 1. Depending on the product category involved, zero tariffs between China and ASEAN 6 under the Early Harvest Programme are to be in place at the latest by 2006, and not later than 2010 between China and the newer members of ASEAN. The only ASEAN country not to participate in this Early Harvest Programme is the Philippines who argued that their agricultural sector could not withstand the liberalization (one issue is illegal imports of Chinese agricultural products in the Philippines). Additional goods can be added to this programme by negotiation (between China and individual ASEAN members). The agreement also covers other areas of possible bilateral cooperation outside of trade in goods and services (Part 2). The parties agree to cooperate (in as yet unspecified ways) in agriculture, information and communications technology, human resources development, investment, Mekong River basin development, banking, finance, transport, energy development, tourism. All discussions on cooperation are to take place in the ASEAN-China Trade Negotiation Committee. Cooperation will also cover promotion and facilitation of trade and investment through agreed standards (and conformity assessment); agreement on technical barriers to trade and non-tariff measures, customs cooperation; increasing the competitiveness of small and medium enterprises, promoting electronic commerce, capacity building, and technology transfer. Under CAFTA the Chinese markets covered by the early harvest programme will be opened for ASEAN countries ahead of the schedule negotiated for goods trade more broadly under China's WTO accession agreements. Trade between China and ASEAN continues to grow but still represents only 3% of exports and 5% of imports for the ASEAN 6. China will gain from more open markets for her manufacturers and a more stable supply of raw materials (ASEAN is China's fourth largest supplier). The CAFTA may also bring faster liberalization within the ASEAN itself as non-tariff barriers affecting goods and services trade towards China are removed. China’s 2002 Framework Agreement with ASEAN was initially seen as largely symbolic, but that perception has changed as China has pushed strongly in negotiations on the Annexes to the Agreement. ASEAN is China's fifth largest trading partner, and China clearly hopes to strengthen her position in ASEAN markets. In China, the argument is made that CAFTA may be the first step for China in creating an economic counterforce to the US and Europe and may also help in any future negotiations on creating an all-Asian FTA. Two-way trade between China and ASEAN increased by 40% in 200311. In January 2004 it increased a further 15.4% year-on-year (6.4 billion USD). China's exports to ASEAN reached 8.1 billion USD in the first quarter of 2004 (up 31.9% year-on-year); imports increased to 13.8 billion USD (up 42.5%). China's imports of fruit and vegetables from ASEAN (where tariff cuts under the Early Harvest Programme occurred) increased by 38.7% year-to-year in the first six months of 2004; exports increased 33.9%. *域名隐藏* e Regional Agreements with Australia and New Zealand Besides the CEPA agreements and CAFTA China has also signed two broad initial framework agreements with Australia and New Zealand. These set out the emerging structure of trade, investment, and the wider economic relationship with two OECD countries in the region, and may indicate how China plans to proceed in regional agreements with other OECD countries. Australia A Trade and Economic Framework between Australia and China was signed in October 2003. This sets out areas of future cooperation which aim to “achieve balanced and comprehensive trade and investment facilitation and liberalization” *域名隐藏* text is brief. It contains 3 pages and has 2 Annexes (Annex 2 is 6 pages long). Paragraph 2 and Annex 1 indicate the specific areas where the parties will promote strategic cooperation and seek to create favourable conditions for trade and investment: In energy and mining, China and Australia state their wish to improve their joint regulatory and policy climate, cooperate in training, research and development, and promote business linkages and exchanges. Also, arrangements will be concluded on a Natural Gas Technology Partnership Fund to enhance mutual understanding in the field of clean energy. In textiles, clothing, and footwear China and Australia commit to hold regular trade fairs and exhibitions, encourage the development of business links and contacts, and support joint ventures and joint development of brands. In agriculture and quarantine inspection China and Australia will cooperate further under existing agreements (e.g. the 1984 Agreement on Agricultural Cooperation and the 1984 Protocol on a Program of Cooperation in Agricultural Research for Development) and conclude other MOUs and Protocols (a Plant Quarantine Protocol on Australian Wheat and Barley Imports into China, a MOU on Cooperative Activities in Water Resources, and a MOU on Cooperation on Sanitary and Phytosanitary Matters). They will also strengthen communication and consultation mechanisms regarding quarantine procedures to improve transparency and facilitate compliance and trade. The text is not detailed, but mentions a dialogue on quarantine management regulations, registration policies and other practices, consultation on food safety inspection and certification issues, and concrete actions to facilitate business and commercial linkages and exchanges. Investment between the two countries will be enhanced through information exchanges, improved transparency and predictability of measures, and protection of investors and investments. The parties also commit to build institutional linkages between Australian and Chinese government agencies to promote cooperation and consultation. In the services area the parties plan to cooperate on education and training through mutual recognition of professional qualifications, joint labour services, and facilitation of travel for Chinese personnel to Australia. The parties also plan to work together on engineering, resources and mining development projects. There are few details but the possibility is raised of Chinese firms investing under contract in Australian projects in these fields. In information and communications technology and e-commerce, the two countries plan to intensify their cooperation under an existing 1999 MOU. The countries will promote a dialogue between their customs agencies to simplify and facilitate trade, promote the development of e-commerce, and enhance cooperation in law enforcement. In intellectual property, the countries state their wish to cooperate and to work together bilaterally, regionally and multilaterally. In matters of public health, the countries plan to cooperate under an existing 1993 MOU on Health Cooperation. The countries will also conclude a MOU on cooperation in food safety. In the area of technical barriers to trade, the countries will seek to improve trade facilitation by concluding a bilateral understanding supplementing multilateral commitments for quality supervision, inspection and quarantine, and strengthening communication and consultation mechanisms. They will also strengthen cooperation in standards, certification and accreditation including exchanges between officials and experts, and conclude a mutual recognition agreement covering mechanical and electronic products. The countries will also explore possibilities for improved facilitation of visa procedures for both work and business visas, support industry and business groups working on strengthening bilateral trade, and in the anti-dumping area the countries plan to set up bilateral mechanisms for anti-dumping notification so that any conflicts can be better resolved through dialogue and consultation. The Framework also stresses the importance of regular bilateral meetings, and their wish to strengthen the existing Joint Ministerial Economic Commission. Australia and China also agree to a Joint Feasibility Study in which the parties will explore the possibilities for a formal FTA15. This Study is to provide an overview of recent trends in bilateral trade and economic relations, assess recent international trade policy developments and the possible implications for Australia-China trade and investment, identify and describe existing barriers to trade and investment flows (in goods, services, and investment), identify possible cooperation measures to promote trade and investment liberalization, assess the impact of the removal and/or reductions of existing barriers in trade of goods and services, investment, and make recommendations re options for future action. The study is to be completed by end of 2005. The Agreement also states that any future FTA talks can only proceed on an “equal basis”. Before the FTA negotiations start, Australia will consider recognizing China as market economy which is important to China in its dealings with antidumping measures in countries, such as the US, who use different procedures against exporters designated as non-market economies. China is currently the second largest trading partner of Australia (China overtook the US last year), and Australia is China's ninth largest partner. In 2003 Australia had a trade surplus with China of over 13.5 billion USD reflecting exports of iron ore, copper, and petroleum16. New Zealand China and New Zealand signed a Trade and Economic Cooperation Framework Agreement similar to that with Australia in May 2004. In this, the parties state their interest in seeking “comprehensive trade and investment facilitation and liberalization through all-round economic and trade cooperation”17 and also agree areas of further negotiation. Paragraph 2 lists specific areas of “significant mutual economic potential” where the countries will promote strategic cooperation. Annex 1 contains the details. In agriculture, animal husbandry, forestry, biosecurity, food safety, the parties will strengthen cooperation and further development of Joint Commissions established in 2001. In wool, development of trade will be promoted using the trade organizations in the countries. New Zealand also offers to help China through training and technological cooperation in these areas. In science and technology, the parties will further develop an Agreement on Cooperation in Science and Technology signed in 2003. They will also seek to enhance cooperation between the two countries research and innovation communities. In technical barriers to trade, the parties plan to base their cooperation on the WTO/TBT mechanisms. The issue is how to strengthen communication and consultation on technical and inspection regulations and standards so that reductions in costs to business are achieved. The aim is to conclude a cooperative framework programme for quality supervision, inspection, standards and conformity assessment, and also to enhance arrangements for consultation between certification agencies to support recognition of each other's testing and certification requirements. The aim is also to enhance cooperation in WTO-related training for Chinese personnel. The plan is to utilize the China-Australia-New Zealand Standard Wool Contract, establish liaison channels, enhance contacts and linkages, and adopt administrative measures to deal with outstanding issues. In information and communication technology and e-commerce, the two countries will encourage cooperation through the development of a memorandum of understanding. In services the parties will seek to expand trade in services and explore possibilities for cooperation, especially in education, tourism, air services, and labour and professional services. In investment the parties aim to increase investment volumes by exchanging information, enhancing transparency and predictability, protecting investments and investors, and building institutional linkages to promote investment visits, B2B initiatives, conferences, and other innovations. The agreement also covers environmental protection. The two countries agree to share information and cooperate on promoting environmental protection, resource management, and protection of biodiversity. The countries also stress the importance of intellectual property rights and plan to also cooperate in this area. In customs cooperation, the countries plan to update the existing 1995 Cooperative Arrangement with new initiatives on trade facilitation and security. They will promote communication between customs administrations, electronic commerce strategies, and information sharing. They also recognize the importance of strengthened law enforcement and cooperation to prevent customs offenses. The countries plan to simplify application procedures for business visas, shorten processing times, and facilitate long term working visas for business travellers. As with the Australian Framework Agreement there is stress on the importance of regular bilateral meetings between leaders and ministers. The countries will establish a Joint Ministerial Commission as a forum for a dialogue on joint trade and economic issues. China and New Zealand will also str
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