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Supplement V to the Mainland and Macao Closer Economic Partnership Arrangement
Promulgation Date:2008-07-30  Promulgation Number:  Promulgation Department:The Ministry of Commerce

Supplement V to the Mainland and Macao Closer Economic Partnership Arrangement

 

To further enhance the level of trade and economic exchange and cooperation between the Mainland and the Macao Special Administrative Region (hereinafter referred to as “Macao”),  and pursuant to:

--the Mainland and Macao Closer Economic Partnership Arrangement (hereinafter referred to as “CEPA”) signed on October 17, 2003

--the Supplement to the CEPA signed on October 29, 2004,

--the Supplement II to the CEPA signed on October 21, 2005,

--Supplement III to the CEPA signed on June 26, 2006, and

--the Supplement IV to the CEPA signed on July 2, 2007;

The two sides determined to sign this Supplement V on further liberalization of trade in services in the Mainland for Macao and promoting trade and investment facilitation.

I.  Trade in Services

(1) From 1 January 2009, the Mainland shall further relax the market access conditions in 18 areas, namely, accounting, construction, medical, computers and related service, mining-related service, placement and supply services of personnel, consulting service related to science and technology, printing, convention and exhibition, distribution, environment, banking, social service, tourism, maritime transport, air transport, road transport and individually-owned businesses on the basis of the commitments on liberalization of trade in services under “CEPA”, Supplement on the CEPA, and Supplements II, III and IV to the CEPA. The specific contents are detailed in the Annex of this Supplement V.

 

(2) The Annexes of this Supplement V is a supplement and amendment to Table 1 of Annex 4 of the “CEPA” – “The Mainland’s Specific Commitments on Liberalization of Trade in Services for Macao, Annex 3 of the Supplement to the CEPA—Supplements and Amendments to the Mainland’s Specific Commitments on Liberalization of Trade in Services for Macao, Annex 2 of Supplement II to the CEPA—Supplements and Amendments to the Mainland’s Specific Commitments on Liberalization of Trade in Services for Macao, Annex of the  “Supplement III to the CEPA” - “Supplements and Amendments III to the Mainland’s Specific Commitments on Liberalization of Trade in Services for Macao and the Annex of “Supplement IV to the CEPA” - “Supplements and Amendments IV to the Mainland’s Specific Commitments on Liberalization of Trade in Services for Macao. In the event of conflict with the provisions of the other five instruments, the provisions of the Annex of this Supplement V shall prevail.

(3) “Service provider” as referred to in the Annex of this Supplement V shall meet the relevant requirements of Annex 5 of “CEPA” – “Definition of “Service Supplier” and Related Requirements”..

II. Trade and Investment Facilitation

To promote cooperation in the area of branding between the two places, the two sides agree to add cooperation on branding into the area of trade and investment facilitation under “CEPA”.  Accordingly:

(1) Paragraph 1 of Article 17 of the CEPA is amended as follows:

“I. The two sides will strengthen cooperation in the following areas:

1. trade and investment promotion

2. customs clearance facilitation

3. commodity inspection and quarantine, inspection and quarantine of animals and plants, food safety, health quarantine, certification and accreditation and standardized management

4. electronic commerce

5. transparency in laws and regulations

6. cooperation of small and medium-sized enterprises

7. industrial cooperation

8. intellectual property protection, and

9. cooperation on branding

(2) Article 2 of Annex 6 of the CEPA is amended as follows:

“II. The two sides agree to cooperate in trade and investment facilitation in 9 areas, namely, trade and investment promotion, customs clearance facilitation, commodity inspection, inspection and quarantine of animals and plants, food safety, health quarantine, certification and accreditation and standardized management, electronic commerce, transparency in laws and regulations, cooperation of small and medium-sized enterprises, industrial cooperation, intellectual property protection and cooperation on branding, and cooperation in those areas will follow the guidance and coordination of the Joint Steering Committee established on the basis of Article 19 of the CEPA.”

(3) An article is added to Annex 6 of “CEPA” as Article 11 and the subsequent articles are renumbered accordingly.  Article 11 reads as follows:

“XI. Cooperation on branding

The two sides recognize that cooperation on branding plays an important role in advancing economic development and promoting economic and trade exchanges between the two places. The two sides agree to strengthen cooperation in the area of branding.

 

1. Cooperation mechanism

Under the guidance and coordination of the Joint Steering Committee, the two sides will set up a working group with a view to strengthening cooperation in the area of branding.

2. Content of Cooperation

The two sides agree to strengthen cooperation in the following areas:

(1) Strengthen exchange and communication in the area of branding between the two places.

(2) Exchange information relating to the formulation and implementation of laws and regulations in respect of protection of brands.

(3) Strengthen cooperation in areas such as training, visits and publications.

(4) Strengthen cooperation in areas such as training, visits and publications.”

III. Annexes

The Annexes are the integral part of this Supplement.

IV. Effectiveness

This Supplement V shall come into effect on the day of signature by the representatives of the two sides.

This Supplement in duplicate shall be written in Chinese.

This Supplement was signed in Macao on this 30th day of July, 2008.

     

Deputy Minister of the Ministry of Commerce

 

Secretary for Economy and Finance

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