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WORLD TRADE ORGANIZATION

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7 Members of the Working Group warmly welcomed the application of Chinese Taipei for accession to the WTO. In response, the representative of Chinese Taipei said that price controls mainly apply in the field of public utilities under the control of the Public Utilities Tariff Commission.

FRAMEWORK FOR MAKING AND ENFORCING POLICIES

In response, the representative of Chinese Taipei stated that price controls on salt were expected to be removed by the end of June 2002. An illustrative list of the laws that would be amended as part of Chinese Taipei's implementation of the obligations is reproduced in Appendix D of this Report. .

POLICIES AFFECTING TRADE IN GOODS

29 The representative of Chinese Taipei stated that the allocation of tariff quotas would be as follows. The representative of Chinese Taipei said that due to the change of the scheme in recent years, Monopoly Tax on. In response, the representative of Chinese Taipei undertook to remove area restrictions for cars.

The representative of Chinese Taipei assured the Working Group that territorial restrictions would be brought into line with the requirements of the WTO Agreement. 74 Some members of the Working Group requested information on the system of customs valuation in Chinese Taipei. The representative of Chinese Taipei said that Chinese Taipei did not use pre-shipment inspection.

The representative of Chinese Taipei said that Chinese Taipei has no mixing requirements for cement production. The representative of Chinese Taipei said the policy was to privatize most state-owned enterprises. 156 The representative of Chinese Taipei said that the privatization of the TTWMB is being assessed independently of the tax reform plan.

171 The representative of Chinese Taipei stated that the policy of Chinese Taipei is to liberalize the agricultural sector.

TRADE RELATED INTELLECTUAL PROPERTY REGIME

188 The representative of Chinese Taipei stated that in his opinion the Copyright Act was in accordance with the Berne Convention and the TRIPS Agreement. The representative of Chinese Taipei welcomed any opportunity to conclude bilateral agreements on the enforcement and recognition of intellectual property rights with its other trading partners. 191 In this regard, the representative of Chinese Taipei noted that Article 4 of the Copyright Act provided that copyright protection for works created outside Chinese Taipei could be granted on the basis of reciprocity.

Chinese Taipei has also taken measures to coordinate relevant agencies in the enforcement of intellectual property rights. A representative of Chinese Taipei replied that Chinese Taipei had issued an Action Plan for the Enforcement and Protection of Intellectual Property Rights. 207 The representative of Chinese Taipei noted that efforts to ensure full compliance with the TRIPS Agreement are ongoing.

Several members of the Working Group expressed their appreciation to the representative of Chinese Taipei for information on efforts to implement the TRIPS Agreement. 209 The representative of Chinese Taipei stated that Chinese Taipei would fully implement the provisions of the TRIPS Agreement by the date of accession, without resorting to any transitional period.

POLICIES AFFECTING TRADE IN SERVICES

TRANSPARENCY

The representative of Chinese Taipei further stated that Chinese Taipei will ensure that, from the date of accession, all laws, regulations, court decisions and administrative decisions related to trade are promptly published for the information of governments and traders. 217 The representative of Chinese Taipei further stated that Chinese Taipei will ensure that, from the date of accession, all laws, regulations, judicial decisions and administrative decisions of general application relating to trade in goods and measures subject to the transparency provisions of the GATS Agreement and TRIPS would be translated and published in an official WTO language no later than 90 days after entry into force or issuance. However, such measures would be published in the official language of Chinese Taipei before the date on which such measures are to be implemented or enforced, except in cases of extreme urgency, which would be published expeditiously thereafter.

With regard to the information points to be established under the WTO Agreement or the draft Protocol, the representative of Chinese Taipei stated that Chinese Taipei would establish or designate an information point where, at the request of an individual or enterprise, all information relating to the measures to be published can be obtained. 218 The representative of Chinese Taipei noted that some WTO agreements require prior notice and a reasonable period of time to comment on proposed measures. He stated that Chinese Taipei had an open and transparent system for adopting laws, regulations and other measures.

220 The representative of Chinese Taipei said that, no later than the entry into force of the draft Protocol of Accession, Chinese Taipei will submit all notifications (other than those to be made on an ad hoc basis) required by any agreement forming part of the WTO Appointment. Any regulation subsequently adopted by Chinese Taipei giving effect to the laws adopted to implement any agreement forming part of the WTO Agreement will also comply with the requirements of this Agreement.

OTHER TRADE AGREEMENTS

216 An illustrative list of the changes that will be made to some of the above-mentioned laws is given in Annex D of this report. 219 The representative of Chinese Taipei stated that, upon accession, Chinese Taipei would, except in cases of extreme urgency, provide a period during which competent authorities, including those of other WTO members, would comment on all laws, regulations and other measures relating to on or affecting trade in goods, services or TRIPS at least 60 calendar days before the implementation of such measures. If prior comment was not possible in such urgent cases, comments would be accepted and dealt with immediately after implementation.

222 In response to questions related to the aerospace sector, a representative of Chinese Taipei said that its aerospace industry currently lacks the capacity to assemble civilian aircraft or compete internationally. Some members of the Working Group believed that a modern and sophisticated economy such as Chinese Taipei, which was also an important participant in the globalization of the world's aeronautics and space industry, should adopt the Agreement on Trade in Civil Aircraft when entering the WTO. They added that due to the advanced state of Chinese Taipei's industrial development and plans to expand the aircraft and components industry, China's acceptance of the Agreement on Trade in Civil Aircraft was a prerequisite for WTO entry.

223 The representative of Chinese Taipei stated that Chinese Taipei would become a signatory to the Agreement on Trade in Civil Aircraft at the same time as it would become a member of the WTO.

CONCLUSIONS

Having regard to paragraph 2 of Article XII and paragraph 1 of Article IX of the Marrakesh Agreement Establishing the World Trade Organization, and the decision-making procedures under Articles IX and XII of the Marrakesh Agreement Establishing the World Trade Organization agreed upon by the General Council (WT/L/93), Taking note of the application of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu for accession to the Marrakesh Agreement Establishing the World Trade Organization dated December 7, 1995,. Take note of the results of the negotiations aimed at establishing the conditions for accession of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu to the Marrakech Agreement establishing the World Trade Organization and a protocol on the accession of prepared the Separate Customs Area of ​​Taiwan, Penghu, Kinmen and Matsu (WT/ACC/…/…),.

The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu may accede to the Marrakesh Agreement establishing the World Trade Organization on the terms and conditions set forth in the Protocol annexed to this Decision.]. DRAFT PROTOCOL OF ACCESS OF THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU TO THE MARRAKESH AGREEMENT. The World Trade Organization (hereinafter referred to as the "WTO"), pursuant to the approval of the General Council of the WTO granted under Article XII of the Marrakech Agreement establishing the World Trade Organization (hereinafter referred to as the "WTO Agreement") , and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (hereinafter referred to as "Chinese Taipei"),.

Take note of the Report of the Working Group on the Accession of Chinese Taipei to the WTO Agreement, reproduced in document WT/ACC/TPKM/18, dated. Considering the results of the negotiations on the accession of Chinese Taipei to the WTO Agreement,.

GENERAL

SCHEDULES

The performance of the concessions and obligations listed in the Schedules will be implemented as specified in the relevant parts of the respective Schedules. For the purposes of the reference in paragraph 6(a) of Article II of the FTA 1994 to the date of that Agreement, the relevant date in respect of the Schedules of concessions and obligations attached to this Draft Protocol is the date of entering into by virtue of this Draft Protocol.

FINAL PROVISIONS

This Agreement shall enter into force on the date of entry into force of the Protocol of Accession of China Taipei to the WTO. This section covers various aspects of the administration of tobacco and alcohol products with the implementation of the reform plan. The production of alcoholic products will be opened to the private sector in phases within three years after the implementation of the new system.

In addition, tobacco and alcohol manufacturers may outsource or accept contract manufacturing, subject to the approval of the competent authority. After implementation of the Tobacco and Alcohol Administration Act, advertising of alcohol products will be permitted in all media, subject however to regulations regarding the content and timing of the advertisements. Any violation of the Tobacco and Alcohol Administration Act will be subject to administrative or criminal penalties, depending on the type or severity of the violation.

Statute governing privileges and immunities of the foreign missions and their personnel in Chinese Taipei. Following the tobacco and alcohol reform plan, the new law is to provide legislative mandate to the administrative authorities for the opening of the tobacco and alcohol products. The amendments to this Statute reflect the administrative amendments made with the reform of the tobacco and alcohol monopoly.

The changes in this Statute reflect the restructured and expanded responsibilities of the Public Building Commission.

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