Partager l'article ! Customs chinese aspects: DOCUMENTS FROM NOVEMBER 2008... IN JANUARY 2009, NEW RULES... 1. Presentation of China ...
DOCUMENTS FROM NOVEMBER 2008...
IN JANUARY 2009, NEW RULES...
1. Presentation of China
China was a close country since a long period. With Mao, they closed definitively the customs.
In Europe, as in China, the WTO maintains reports customs. What was not effective in previous years became operational on December 11, 2001.
December 2001: China opens up to international trade.
Since 7 years, international exchanges took place in history. Until very recently, China seemed to be non-standard, off problems.
What happens when China transfers of goods to foreign countries is the same as when a foreign country to China:
-- Control standards depending on the contract
-- Control in force, especially if the boss is here
The zeal of customs is not a problem except at the finish line in china.
An example: a company importing wines made french transit through Shanghai bottles of french wines. Unfortunately, some bottles did not the content of the bottle. By content, I mean, the type of
cluster. The Chinese Customs has thus hastened to confiscate a few bottles to make additional tests. These bottles confiscated fuelling the black market.
2. After one Year in WTO
Vice Minister of Finance, Jin Liqun, gave a speech assessing China’s experiences during its first year of membership and outlining the challenges ahead. He was joined by Nicholas Stern, World Bank Chief Economist and Senior Vice President for Development Economics; Kenneth Rogoff, IMF Director of Research; and Zhu Guangyao, World Bank Executive Director for China. The speech was sponsored by Development Economics (DECVP), the East Asia and Pacific Region (EAPVP), and the IMF Research Department
The vice minister then described the work China has conducted to facilitate its integration into the WTO over the past year. The Chinese Congress has improved the legal framework at both
the national and local levels, he said. Officials have received training and instruction on the rules of WTO membership, China s rights and expected impacts. Jin added the country has begun to
cut tariffs and eliminate non-tariff barriers. The Chinese have sought to negotiate with foreign institutions on joint ventures, amend laws governing intellectual property rights, improving
accounting and disclosure standards, and report regularly on progress made on implementing WTO protocols.
Legal aspect:
No return was possible on Chinese soil, unless the Chinese were openly demonstrated bad faith by not fulfilling the contract in any way, failing to apply strict standards outlined in the contract.
If the contract is terminated, on Chinese soil, the Chinese win! The French company may call on any bench, it will not succeed!
That may change with the condemnation by the WTO of China.
For the first time since its introduction in the organisation of the WTO, China had been condemned for its taxes on spares non-compliant with world trade rules.
A new aspect could be consider after February 2008: the international law. And perhaps, the customs will not be able anymore to rapt or control anytime everywhere every kind of products,
like wine.
Changements
The Standing Committee of the NPC has already revised the Patent Act, the Customs Act, the law on joint ventures and the Law on enterprises to foreign capital, and made an initial examination of
the amended drafts of the Law on Copyright and the Law on Trademarks, the amended draft of the law on joint ventures will be included in the agenda of the fourth session of the NPC. To meet the
demands arising from China's accession to WTO, the Standing Committee of the NPC will continue to develop new laws, including anti-dumping law, and modification of existing laws, including
reports on Law on foreign trade and the Law on Inspection of goods for import-export. Meanwhile, the Council of State Affairs has already conducted a review of decrees and administrative
regulations concerned. According to incomplete statistics, it was found that 148 decrees and regulations relating to external economic exchanges should be amended, and 571 decrees and regulations
would be to cancel. In order to meet the WTO requirements and preserve fair trade is being drafted regulations anti-dumping and anti-subsidy and protective measures for infant industries.
Example: A wine company imports some bottles of wines. Theses kind of bottles of wine were very expensive. Because the customs discover the price and the non-indication of grape variety, they
decided to impound some bottles of the freight.
The reason were to analyse the products. But the true reason were to sell it on the black market.
• ANNEXE
A short presentation of China and institutions
http://www.trp.hku.hk/infofile/china/2002/china_wto.pdf
Some new considering of China in WTO
http://info.worldbank.org/
The economy of the PRC
http://en.wikipedia.org/wiki/Economy_of_the_People%27s_Republic_of_China
Illegal drug trade
http://en.wikipedia.org/wiki/Illegal_drug_trade
Embassy of China
www.amb-chine.fr
About China
http://www.radio86.fr/
Singapore Customs
Consulat Général de France à Canton
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