Speach:Invest to Chinas logistics and shipping industry - key legal issues

Speach:Invest to Chinas logistics and shipping industry - key legal issues Chambers Yang This is a speach made at ??China Containers 2004?? in December 2004. China Containers 2004, an international symposium sponsored by IBC Asia (S) Pte Ltd, Singapore and supported by China International Freight Agency Association, was held at the Great Wall Sheraton Hotel, Beijing China, from Dec. 9th to 10th, 2004. The delegates from international shipping companies, logistics companies, related trade associations in China and research institutions and other specialized people attended this conference. I. Summary of the Legal Structure of the Foreign Investment Logistics 1. Protocal on the Accession of the People??s Republic of China to the World Trade Organization Annex 9 (Nov, 11, 2001) Area to be opened: a. Maritime Transport Services and its Auxiliary Service b. Internal Waterways Transport c. Air Transport Services d. Rail Transport Services e. Road Transport Services f. Storage and warehousing services g. Freight forwarding agency services Investment Mode: foreigner holding proportion is restrained in most of above area; can not be the holding investor in some area. Have time limitation for investors in some area. 2. State Catalogue for the Guidance of Foreign Investment Industries (Mar 11, 2002) Generally goes with the WTO. 3. Circular on the Relevant Issues concerning the Experimental Establishment of Logistics Enterprises with Foreign Investment (June 20, 2002) a. Investment Area: Jiangshu Province, Zhejiang Province, Guangdong Province, Beijing, Tianjin, Chongqing, Shanghai, Shengzhen b. Investment Mode: Joint Venture 4. Comments on Promotion the Development of China??s Modern Logistic by National Development and Reform Commission, Ministry of Commerce and other 7 National Administrations (Aug 5, 2004) 5. Detailed Regulations for Each Logistic Area a) Maritime Transport Services and its Auxiliary Service: Provisions of Administration of Foreign Investment in International Maritime Transport (Feb 25, 2004) b) Air Transport Services: Administration of Foreign Investment in Civil Aviation (Jun 21, 2002) c) Road Transport Services Administration of Foreign Investment in Road Transport Services (Nov 20, 2001) Supplement of Administration of Foreign Investment in Road Transport Services (Dec 31, 2003) d) Freight Forwarding Agency Services Administration of Foreign Investment in International Freight Forwarding Agency Services (Dec 19, 2001) 6. Closer Economic Partnership Arrangement Annex 4 on June 29, 2003 Special Treatment towards investors from Hong Kong and Macau 7. Speeches by Government Officers as a reference a. Comments on the Promotion of Chinese Modern Logistics (Aug 5, 2004) Issued on Aug 5, 2004 by 9 governments such State Development and Reform Commission, Ministry of Commerce and other commissions. b. Deepening Reformation and Enhancing Promotion of China??s Modern Logistics by Mr. Zhang Zhigang, vice Minister of Commerce Minstry Issued in the Development and International Cooperative of Chinese Modern Logistics Seminar in Nov 4, 2004 II. Detailed Regulations of Each Field A. Maritime Transport Services and its Auxiliary Service Protocal on the Accession of the People??s Republic of China to the World Trade Organization Annex 9 (Nov, 11, 2001) Chinese government has promised that China would open the area of Maritime Transport Services and its Auxiliary Service. The International Transport here includes freight and passengers, less cabotage transport services; Auxiliary Service includes maritime cargo-handling services, customs clearance services for maritime transport, container station and depot services, Maritime agency services. Provision of Administration of