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Supplementary Agreement No. 3 on Hong Kong/Mainland Closer Economic Partnership Arrangement
Promulgation Date:2006-06-27  Promulgation Number:Supplementary Agreement No. 3  Promulgation Department:Ministry of Commerce
Supplementary Agreement No. 3 on Hong Kong/Mainland Closer Economic Partnership Arrangement For the purpose of further enhancing the level of economic and trade exchanges and cooperation between the Mainland (herein referred to as all the tariff territory of the People's Republic of China) and Hong Kong Special Administrative Region (hereinafter referred to as "Hong Kong"), and according to the Mainland and Hong Kong Closer Economic Partnership Arrangement (hereinafter referred to as "CEPA") signed on June 29, 2003 and its Appendixes signed on September 29,2003, the Supplementary Agreement on the CEPA signed on October 27, 2004 as well as the Supplementary Agreement II on the CEPA signed on October 18,2005, both sides agreed to sign the present Supplementary Agreement to further expand the trade services in the Mainland for Hong Kong and to strengthen the cooperation between both sides in the fields of trade and investment facilitation. 1. Trade services (1) The Mainland shall further open the market access requirements from January 1, 2007 in the fields of law, construction, information technology, exhibition, audio and video, distribution, tourism, transportation and individual industry and commerce upon the commitments to open the trade services in the CEPA, the Supplementary Agreement on the CEPA, and the Supplementary Agreement II on the CEPA. Specific contents are stated in the Appendixes of the present Agreement. (2) The Appendixes of the present Agreement are supplements and amendments to Table 1 of Appendix 4 of the CEPA – "The Mainland's Specific Commitments for Opening the Trade services to Hong Kong", Appendix 3 of the Supplementary Agreement on the CEPA– "The Supplement and Amendment to the Mainland's Specific Commitments for Opening the Trade services to Hong Kong" and Appendix 2 of the Supplementary Agreement II on the CEPA – "The Supplement and Amendment II to the Mainland's Specific Commitments for Opening the Trade services to Hong Kong". In the event of any conflict between the provisions of the said three instruments, the provisions in the Appendixes of the present Agreement shall prevail. (3) "Service suppliers" as mentioned in the Appendixes of the present Agreement should meet the related requirements of Appendix 5 of "CEPA" –"Definition of ‘Service Supplier' and Related Requirements". 2. Trade and Investment Facilitation For the purpose of promoting the cooperation of both sides in the IPR field, both sides have reached a unanimity to incorporate the intellectual property protection into the fields of trade and investment facilitation in the CEPA, and based thereon: (1) Paragraph 1 of Article 17 of the CEPA shall be amended as: "1. Both sides will promote cooperation in the following areas: a. trade and investment promotion; b. customs advantage; c. inspection and quarantine of commodities, food safety and standard quality; d. electronic commerce; e. transparency in laws and regulations; f. small and medium-sized enterprises cooperation; g. Chinese medicine and medical products cooperation; and h. intellectual property protection." (2) Article 2 of Appendix 6 of the CEPA shall be amended as: "II. Two sides agree to implement the cooperation of trade and investment facilitation in such eight fields as trade and investment promotion, customs clearance, inspection and quarantine of commodities, food safety and standard quality, electronic commerce, transparency in laws and regulations, small and medium-sized enterprise cooperation, Chinese medicine and medical products cooperation, and intellectual property protection. And the related cooperation shall be acted under the guidance and coordination of the joint guidance committee established under Article 19 of CEPA." (3) One article shall be added to Appendix 6 of CEPA as Article 10, and the sequential numbers of the articles as follows shall be changed accordingly. The Article 10 shall be: "X. Intellectual Property Protection Two sides have realized, the enforcement of the cooperation of intellectual property protection has an important meaning to the promotion of economic development as well as the economic trade exchanges and cooperation of two sides, and agree to enhance the cooperation in the field of intellectual property protection. i. Cooperation Mechanism Through the cooperation mechanism between the governments of two sides, the cooperation of two sides in the field of intellectual property protection shall be intensified. ii. Contents of Cooperation Two sides agree to enhance the cooperation in the areas as follows: 1. through establishing a mediation center for intellectual property protection in Hong Kong, exchanges and communications of the information about intellectual property protection shall be conducted; 2. in the aspect of the formulation and implementation of laws and regulations on intellectual property protection, both sides shall be exchanged information; 3. through conducting inspections, holding seminars, publishing related publications or other means, materials and information about intellectual property protection shall be shared; and 4. consultations for the issues arising from intellectual property protection shall be needed." 3. Appendixes The Appendixes of the present Agreement form an integral part of the present Agreement. 4. Entry into Force The present Agreement shall come into force as of the day of signature by the representatives of two sides. The present Agreement is done in Chinese in duplicate. Signed in Hong Kong on June 27, 2006. Vice Minister of the Ministry of Commerce of the People's Republic of China, Mr. Liao Xiaoqi (signature) Financial Secretary of Hong Kong Special Administrative Region of the People's Republic of China, Mr. Henry Tang Ying-yen (Signature)
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