Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
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Sector or sub-sector
|
Limitations on market access
|
Limitations on national treatment
|
Additional commitments
|
I. HORIZONTAL COMMITMENTS
|
All Sectors (except as indicated otherwise in specific sectors)
|
Investment
(3) (a) Foreign business and individuals may directly invest in Chinese Taipei, unless otherwise falling into the measures of limitations specified in the specific sectors.
(b) With respect to portfolio investment in companies whose shares are listed in the securities markets of Chinese Taipei.
No limitations exist, except as otherwise specified in this schedule for specific sectors.
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Acquiring the Rights and Interests in the Land
(3) Land in agriculture, forestry, fishing, pasture, hunting, salt production, mines and sources of water may not be transferred, encumbered or leased to foreigners.
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Entry and Temporary Stay of Natural Persons
(4) Unbound, except for measures concerning the entry and temporary stay of natural persons in the following categories:
(a) Business visitors may enter and stay for an initial period of no more than 90 days.
Business visitor being a natural person who stays in Chinese Taipei without receiving remuneration from within Chinese Taipei and is not engaged in making direct sales to the general public, for the purpose of participating in business meetings, business negotiations, the preparation for establishing a commercial presence or other similar activities.
(b) Intra-corporate Transferees may enter and stay in Chinese Taipei for three-year initial period that may be renewed for one-year periods indefinitely.
Intra-corporate transferee being a natural person who has been employed by a juridical person of another member for a period of not less than 1 year and who seeks temporary entry to provide services as a responsible person, a senior manager or a specialist through a branch, subsidiary or affiliate established in Chinese Taipei.
A responsible person means a board director, the general manager, a branch manager or a department head appointed by the board with the authority to sign for the employing entity.
A senior manager means a head or a supervisor who has the authority to appoint or remove the personnel or to make such recommendation, and has the power to make decisions over the day-to-day operation.
A specialist means a natural person within an organisation who possesses knowledge at an advanced level of expertise and who possesses proprietary knowledge of the organisation's services, research equipment, techniques, or management. (Specialists may include, but are not limited to, members of licensed professions.)
(c) A natural person employed by business entities in Chinese Taipei, may enter and stay for a period of no more than 3 years.
(d) Persons who are employees of an enterprise outside Chinese Taipei not having commercial presence in Chinese Taipei may enter and stay in Chinese Taipei with the following requirements:
i. The enterprise outside Chinese Taipei has concluded a service contract with an enterprise engaged in business operation in Chinese Taipei;
ii. These persons should have been employed by the enterprise outside Chinese Taipei for a period of no less than one year and have met the requirements prescribed for "specialist" above;
iii. The persons may not engage in other employment while in Chinese Taipei;
iv. The commitment relates only to the service activity which is the subject of the contract. It does not confer entitlement to practice generally as a licensed professional in Chinese Taipei.
Each temporary stay may be for a period of no more than 90 days or for the duration of the contract, whichever is less.
Such entry permit may be valid for a twelve month period.
Such persons may be permitted multiple entries within the twelve month period.
The contract has to be obtained for providing services mentioned below:
architectural services (8671), engineering services (8672), integrated engineering services (8673), urban planning and landscape architectural services (8674), computer and related services (841, 842, 843, 844, 845,849), research and development services (851, 852, 853), market research and public opinion polling services (864), management consulting services (865), services related to management consulting (866), engineering related scientific and technical consulting services (8675), maintenance and repair of equipment (633, 8861-8866) (excluding maritime vessels and land transport equipment), and travel agencies and tour operators services (7471).
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(4) Unbound except for measures concerning the categories of natural persons referred to in the market access column.
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II. SECTOR-SPECIFIC COMMITMENTS
|
1. BUSINESS SERVICES
|
A. Professional Services
a) Legal Services(861**)
i. Legal services provided by "Attorney of foreign legal affairs (AFLA)"
- AFLA practicing the law of his/her home jurisdiction(s) or international law independently.
- AFLA cooperating with the licensed lawyer in Chinese Taipei or acquiring the latter's written opinions in the matters concerning marriage, parental or inheritance cases in which the national of Chinese Taipei is a party or the estates is located in Chinese Taipei.
ii. Foreign legal assistant or consultant:
- assisting Chinese Taipei lawyers or AFLAs but not conducting litigation or providing other legal services under the assistant/consultant's own name.
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(1) None.
(2) None.
(3) None, except that :
i. access is restricted to natural persons [2] having established a law office in the form of sole proprietorship or
ii. partnership [3] in a law office is limited to persons registered as attorneys of foreign legal affairs.
(4) Unbound except as indicated in the horizontal section.
(1) None.
(2) None.
(3) Access is restricted to natural persons.
(4) Unbound except as indicated in the horizontal section.
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(1) None.
(2) None.
(3) The firm name must indicate the title of "AFLA" [4]
(4) Unbound except as indicated in the horizontal section.
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
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(3)
(a) Chinese Taipei will grant recognition of AFLA to the following:
i. the service provider is qualified as a lawyer in his/her home jurisdiction(s), and
ii. the service provider has practiced as a qualified lawyer for at least 5 years in his/her home jurisdiction(s). However, should a foreign lawyer be employed by a lawyer of Chinese Taipei as an assistant or consultant or have practiced his/her home jurisdiction laws elsewhere, the term, up to a maximum of two years, of employment or practice may be accredited to the said five year term.
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iii. Any foreign lawyer who is already employed by a Chinese Taipei lawyer by the date of Chinese Taipei's accession to the WTO in accordance with the Regulation Concerning Chinese Taipei's Lawyers' Employment of Foreigners and Administration Thereof, may apply to become an AFLA after the completion of the two years' employment period.
(b) Chinese Taipei will allow AFLAs to establish partnership with or employ licensed lawyer of Chinese Taipei upon the accession to the WTO.
(c) Foreigners who are college graduates majoring in law-related subjects or have law-related working experience for at least two years, or who have passed the lawyers examination in any foreign country and may be employed by Chinese Taipei lawyers or AFLAs to work as assistants or consultants.
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b) Accounting, Auditing and Bookkeeping Services (862)
i. Certified Public Accountant (862**)
ii. Other (excluding certified public accountant) (862**)
|
(1) None, except for services related to accountant attestation practice in Chinese Taipei, which can be provided only by the certified public accountants of Chinese Taipei.
(2) None, except for services related
to accountant attestation practice in Chinese Taipei, which can be provided only by the certified public accountants of Chinese Taipei.
(3) None, except that access is restricted to natural persons having established an office other than in a form of a company
(4) Unbound except as indicated in the horizontal section.
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
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(1) None
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section
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c) Taxation Services (863)
i. Income Tax Certification Services (863**)
ii. Taxation Services (excluding income tax certification services supplied by a tax attorney) (863**)
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(1) None, except for services related to Chinese Taipei's income tax certifications, which can only be provided by the tax attorneys of Chinese Taipei.
(2) None, except for services related to Chinese Taipei's income tax certifications, which can only be provided by the tax attorneys of Chinese Taipei.
(3) None, except that access is restricted to natural persons having established an office other than in a form of a company.
(4) Unbound except as indicated in the horizontal section
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
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(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
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d), e), f), g)
Architectural Services(8671),
Engineering Services (8672),
Integrated Engineering Services (8673), Urban Planning and Landscape Architectural Services (8674)
i. Architect
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(1) None, except for services related to the architect certification practice in Chinese Taipei, which can only be provided by the licensed architects of Chinese Taipei.
(2) None, except for services related to architect certification practice in Chinese Taipei, which can only be provided by the licensed architects of Chinese Taipei.
(3) None, except that access is restricted to natural persons having established an office other than in a form of a company.
(4) Unbound except as indicated in the horizontal section. In addition, architecture firms established in Chinese Taipei may employ foreign technicians specialized in architecture, construction and related engineering technology.
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(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
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ii. Professional Engineer
|
(1) None, except for services related to professional engineer certification practice in Chinese Taipei, which can only be provided by the licensed professional engineers of Chinese Taipei.
(2) None, except for services related to professional engineer certification practice in Chinese Taipei, which can only be provided by the licensed professional engineers of Chinese Taipei.
(3) None, except that access is restricted to natural persons having established an office other than in a form of a company.
(4) Unbound except as indicated in the horizontal section.
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(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
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iii. Other (excluding the architect and professional engineer certification services)
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(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
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i) Veterinary Services (932)
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(1) None, except for services related
to the prescription, diagnosis and examination which shall be provided by the licensed veterinarian of Chinese Taipei with practice permit from Chinese Taipei.
(2) None.
(3) None, except that:
(a) access is restricted to natural
persons having established an office other than in a form of a company.
(b) Veterinary assistant shall also
meet one of the following requirements with verification documents:
i. practising as a veterinarian assistant for at least 4 years; or
ii. undertaking veterinary-related work for at least 5 years.
(4) Unbound except as indicated in the horizontal section.
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(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
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B. Computer and Related Services (excluding the computer airline reservation system services) (841, 842, 843, 844, 845, 849)
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(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
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(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
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C. Research and Development Services (851, 852, 853)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
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D. Real Estate Services
- Services Incidental to Residential and Non-residential Buildings and Land Sales Agents (82203**, 82205**)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
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E. Rental/leasing Services without Operators
b) Concerning Aircraft (excluding cabotage)(83104**)
c) Concerning financial leasing of private cars (83101**)
d) Concerning Other Machinery and Equipment (83106 -83109)
e) Other (832)
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(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
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(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
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F. Other Business Services
a) Advertising Services
i. TV and Radio Advertising Services (the businesses producing or broadcasting/ screening advertisements for TV or radio.) (871**)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
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(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
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ii. Other Advertising Services (871**)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
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b) Market Research and Public Opinion Polling Services (864)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated
in the horizontal section.
|
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c) Management Consulting Services (865)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
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d) Services Related to Management Consulting (866) (includes management and operation by contract of health care facilities on a "for fee" basis but does not include practice of the medical profession)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
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e) Technical Testing and Analysis Services (8676)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
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f) Consulting services Incidental to Agriculture, Animal Husbandry and Forestry (88110**, 88120**, 88140**)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
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(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
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h) Services Incidental to Mining (883,5115)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
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i) Services Incidental to Manufacturing (excluding CPC 88442 publishing and printing) (884**, 885)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
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k) Placement and Supply Services of Personnel (872)
|
(1) Unbound.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) Unbound.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
m) Engineering Related Scientific and Technical Consulting Services (8675)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
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n) Maintenance and Repair of Equipment (633, 8861-8866) (excluding maritime vessels, aircraft and other transport equipment)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
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o) Building-cleaning Services (874)
|
(1) Unbound*.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) Unbound*.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
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p) Photographic Services (875)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
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q) Packaging Services(876)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
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r) Publishing Services (88442**)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section and residence in Chinese Taipei is required for a publisher and an editor.
|
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s) Convention Services (87909*)
* Activities of establishments engaged in provision of planning, organising, managing and marketing services for conventions and similar events (including catering and beverage service)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
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t) Other
i. Telephone Answering Services (87903)
ii. Duplicating Services
(87904)
iii. Translation and Interpretation Services (87905)
iv. Mailing List Compilation and Mailing Services (87906)
v. Specialty Design Services (87907)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
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2. COMMUNICATION SERVICES
|
B. Land-based International Courier Services: All ground services arising as part of an international shipment being handled by an air express carrier, for delivery to a consignee, except for those currently specifically reserved to the Chinese Taipei postal authorities by law.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
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C. Telecommunication services
- This draft schedule is in accordance with the Chairman's notes of 16 January 1997 (S/GBT/W/2/Rev.1) on Scheduling Basic Telecommunication Services Commitments, and of 3 February 1997 (S/GBT/W/3) on Market Access Limitations on Spectrum Availability.
|
(A) BASIC TELECOMMUNICATION SERVICES
Facilities-based and public switched telecom service[5]
|
(a) Voice telephone services (7521)
(b) Packet-switched data transmission services (7523**)
(c) Circuit-switched data transmission services
( 7523**)
(d) Telex services
(7523**)
(e) Telegraph services
(7522)
(f) Facsimile services
(7521**, 7529**)
(g) Private leased circuit services (7522**, 7523**)
|
(1) None
(2) None.
(3) None except:
- A service supplier shall be a Company Limited by Shares incorporated in Chinese Taipei.
- Direct investment by non-Chinese Taipei persons in a service supplier cannot exceed 20 %, but the aggregate of direct and indirect investment by non-Chinese
Taipei persons in a service supplier other than Chunghwa Telecom, is permitted to 60 %[6].
- The aggregate percentage of shares held by non-Chinese Taipei persons in Chunghwa Telecom, including direct and indirect investment, cannot exceed 20 %.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) The chairman and a majority of the board of directors shall be Chinese Taipei nationals.
(4) Unbound except as indicated in the horizontal section.
|
Chinese Taipei undertakes the obligations contained in the reference paper attached hereto.
|
(o) Others:
- Land-based mobile communications services:
Cellular mobile phone services (75213*),
Radio paging services
(75291*)
Trunked radio services
(7523**, 75213*)
Mobile data services
(7523**)
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(1) None.
(2) None.
(3) None except:
- A service supplier shall be a Company Limited by Shares incorporated in Chinese Taipei.
- Direct investment by non-Chinese Taipei persons in a service supplier cannot exceed 20%, but the aggregate of direct and indirect investment by non-Chinese Taipei persons in a service supplier other than Chunghwa Telecom, is permitted to 60 %[7].
- The aggregate percentage of shares held by non-Chinese Taipei persons in Chunghwa Telecom, including direct and indirect investment, cannot exceed 20 %.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) The chairman and a majority of the board of directors shall be Chinese Taipei nationals.
(4) Unbound except as indicated in the horizontal section.
|
|
- Satellite-based mobile communications services
(75213*)
|
(1) Subject to commercial arrangements with Chinese Taipei licensed operators.
(2) None.
(3) None except:
A service supplier shall be a Company Limited by Shares incorporated in Chinese Taipei.
Direct investment by non-Chinese Taipei persons in a service supplier cannot exceed 20 %, but the aggregate of direct and indirect investment by non-Chinese Taipei persons in a service supplier other than Chunghwa Telecom, is permitted to 60 %[8].
The aggregate percentage of shares held by non-Chinese Taipei persons in Chunghwa Telecom, including direct and indirect investment, cannot exceed 20 %.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) The chairman and a majority of the board of directors shall be Chinese Taipei nationals.
(4) Unbound except as indicated in the horizontal section.
|
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Resale-Based Services[9]
(a) Voice telephone service (7521)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section
|
(1) None
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
(b) Packet-switched data transmission services (7523**)
(c) Circuit-switched data transmission services (7523**)
(d) Telex services (7523**)
(e) Telegraph services (7522)
(f) Facsimile services
(7521**, 7529**)
(g) Private leased circuit services
(7522**, 7523**)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
(o) Others:
Cellular mobile phone services (75213*),
Radio paging services (75291*),
Trunked radio services (7523**, 75213*),
Mobile data services (7523**)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
(B) VALUE-ADDED TELECOMMUNICATION SERVICES[10]
|
(h) Electronic mail (7523**)
(i) Voice mail (7523**)
(j) On-line information and data base retrieval (7523**)
(k) Electronic data interchange
(7523**)
(l) Enhanced/value-added facsimile services, incl. store and forward, store and retrieve (7523**)
(m) Code and protocol conversion (CPC n.a.)
(n) On-line information and/or data processing (843**)
(o) Others
- Remote transactions
- Electronic Bulletin Board
- Word Processing and Editing
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
D. Audiovisual Services
(a) Video Tape / Motion Picture Production and Distribution Services (9611**)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
(b) Motion Picture Projection Services (96121)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
(c) Radio and Television Services (96131, 96132)
(d) Sound Recording Services
|
(1) None, except that:
- Wireless Radio and Television : 70% of the wireless radio and television programs are required to be domestically produced.
- Cable Television: 20 % of cable television programs are required to be domestically produced. The above-mentioned percentages shall be calculated on the basis of the total number of hours of program transmission on the activated channels of a system operator.
(2) None.
(3) None, except that:
- Wireless Radio and Television: 70% of the wireless radio and television programs are required to be domestically produced.
- Cable Television: 20 % of cable television programs are required to be domestically produced. The above mentioned percentages shall be calculated on the basis of the total number of hours of program transmission on the activated channels of a system operator.
(4) Unbound except as indicated in the horizontal section.
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section. In addition, a transferee in the stock transaction of radio and television business is required to be a national residing in Chinese Taipei.
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
3. CONSTRUCTION AND RELATED ENGINEERING SERVICES
|
3. Construction and Related Engineering Services
(511-518)
(including dredging)
|
(1) Unbound*.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) Unbound*.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
4. DISTRIBUTION SERVICES
|
A. Commission Agents' Services (621)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
B. Wholesale Trade Services (excluding firearms and military equipment) (622)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
C. Retailing Services (631, 632, 6111, 6113, 6121) (excluding firearms and military equipment)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
D. Franchising (8929)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
5. EDUCATION SERVICES
|
Student Placement Services for Overseas Studies[11] related to education services as described in CPC 9222,9223, 9224, 923,924, and 929
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
Education Services (9222, 9223, 9224, 923, 924, 929)
|
(1) None.
(2) None.
(3) None, except that:
(a) The principal / president and chairman of the board should be national of Chinese Taipei.
(b) The number of foreigners as director may not exceed one third of the board and may not exceed five directors.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
6. ENVIRONMENTAL SERVICES
|
A. Sewage Services (9401); Refuse Disposal Services (9402); Sanitation and Similar Services (9403); Others (9404, 9405, 9409)
|
(1) Unbound*.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
B. Consulting Services Incidental to Nature and Landscape Protection (9406**)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
7. FINANCIAL SERVICES
|
All sectors listed in financial services
|
|
|
Applications for new products will be reviewed and responded to within three months of receipt of the completed documentation; and applications for products that have already been approved for other financial institutions will be reviewed and responded to within 15 days of receipt of completed documentation. It is the ongoing intention of Chinese Taipei to further expedite and streamline the general approval procedures for new and existing products.
|
A. Insurance and Insurance Related Services
a) Direct Insurance:
i. Life, accident and health insurance (excluding compulsory social security services and pension insurance currently reserved to the government under Chinese Taipei law)
ii. Non-life Insurance
|
(1) Unbound, except:
(a) maritime shipping and commercial aviation, with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising therefrom; and
(b) goods in international transit.
(2) Unbound except for individual life insurance. In addition, the solicitation and marketing activities in the territory of Chinese Taipei by non-resident financial service suppliers are not allowed.
(3) Commercial presence should be limited to the form of branch, subsidiary, joint venture, or representative office; when the presence of a foreign mutual insurance company takes the form of a branch, the parent company of such branch must have net worth of at least NT$2 billion.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) Unbound.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
1. All rate formulas,
policy clauses, insurance application forms and other relevant materials prescribed by the Ministry of Finance (MOF) and amendments to such items may be filed with MOF for recordation prior to their use and may be used thereafter unless MOF disapproves within 15 days after receipt in the case of products that have already been approved for other financial institutions; and within 90 days after receipt in the case of new products.
2. The official version of insurance policies may be issued in English language, but a translation of the policy into the Chinese language must be attached.
|
b) Reinsurance and Retrocession Service
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
c) Insurance Intermediation (including agent, broker, adjuster and insurance solicitor services)
|
(1) Unbound, except insurance broker services for:
(a) maritime shipping and commercial aviation, with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising therefrom; and
(b) goods in international transit.
(2) Unbound.
(3) Except marine adjusters, all foreign agents, brokers, and adjusters who have set up branch offices in Chinese Taipei must employ at least one individual who has secured a Chinese Taipei's agent, broker, or adjuster licence.
(4) Unbound except as indicated in the horizontal section. In addition, one who has obtained an agent, broker, and adjuster qualification certificate may not practice business in the name of individual.
|
(1) Unbound.
(2) Unbound.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
d) Insurance Auxiliary Services (including claim settlement, actuarial services and consultancy services)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
B. Banking and Other Financial Services
(excluding insurance, securities and futures)
All services listed in this sub-sector
|
(1) Unbound.
(2) None, except:1- that solicitation and marketing activities in the territory of Chinese Taipei by non-resident financial services providers is prohibited ; 2-financial services consumed abroad have to be permitted in the jurisdiction where they are consumed.
(3) None, except that
(a) Provision of banking services, listed in this sub-sector, through the commercial presence in Chinese Taipei shall be limited to the establishment of the following institutions: commercial banks, branches of foreign banks, offshore banking branches of banks, foreign exchange brokerage firms, credit card institutions and bills finance companies.
(b) The following financial institutions incorporated in Chinese Taipei shall be Companies Limited by Shares: banks, bills finance companies and foreign exchange brokerage firms.
(c) Commercial Banks:
any single person shall not hold shares in a bank in excess of 5% of the total issued shares of the bank, nor shall persons related to the shareholder hold shares in excess of 15% in the aggregate, unless the approval of the MOF has been obtained.
(d) Branches of Foreign Banks:
A foreign bank may apply to establish its first branch in Chinese Taipei when it meets the prior-business-activity test, or rank among the top five hundred banks in the world by assets or capital. The prior-business-activity test requires that a foreign bank should have a total business volume of at least US$1 billion with the banks and major enterprises of Chinese Taipei in the previous three calendar years, of which there shall have been a total amount of not less than US$180 million granted as medium- or long-term credits.
(e) Offshore Banking Branches of Banks:
i. An offshore banking branch may not conduct transaction or exchange business between foreign currencies and New Taiwan dollars, and also may not engage in direct investment in company stocks or real estate.
ii. Customers of offshore banking branches are limited to non- residents and foreign exchange banks.
(f) Trust Investment Companies:
New entry is prohibited.
(g) Foreign exchange brokerage firms: Investment in a foreign exchange brokerage firm is subject to the following restrictions:
i. investment by each domestic or foreign financial institution is limited to 10% of the ownership share.
ii. investment by each domestic or foreign party other than financial institutions is limited to 20% of the ownership share.
The investment by money brokerage firms is exempt from the above-mentioned restrictions.
(4) Unbound except as indicated in the horizontal section.
|
(1) Unbound.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
Chinese Taipei permits the opening, at customer request, of foreign currency deposit accounts abroad and the transfer of funds to these accounts pursuant to the prudential regulations of competent authorities of Chinese Taipei.
Specifically, this means that Chinese Taipei residents are permitted to seek information from the local branch of foreign banks on opening accounts abroad. The local branch of the foreign banks are allowed to provide information upon request, including application forms and to provide information on filling out such forms.
The application forms have to be sent directly by the customer to the parent bank outside Chinese Taipei for processing and approval. The foreign bank is not permitted to solicit such business through any channels, including advertising promotion or the posting of information in Chinese Taipei
|
a) Acceptance of deposits and other repayable funds
|
(3) Acceptance of foreign exchange checking account deposits and issuance of foreign exchange negotiable certificates of time deposit are not allowed.
Offshore banking branches accepting foreign exchange deposits may not:
(a) accept foreign currency cash deposits;
(b) permit the withdrawal of foreign exchange deposits in New Taiwan dollars.
|
(3) None.
|
|
b) Lending of all types
|
(3)
(a) Foreign banks are subject to per client foreign currency credit extension limit of 25% of the net worth of their head office; and per client New Taiwan dollar credit extension limit of 10% of the total balance of New Taiwan dollars credit extension or one billion New Taiwan dollars, whichever is higher.
(b) Foreign currency financing is only available when there are underlying transactions .
(c)The borrowers of foreign currency loans are limited to domestic enterprises and individuals. Foreign currency loans, except for post -export loans, are not allowed to be converted into New Taiwan dollars.
|
(3) None.
|
|
c) Financial leasing
|
(3) None.
|
(3) None.
|
|
d) Payment and money transmission services
|
(3) None.
|
(3) None.
|
|
e) Guarantees and commitments
|
(3) Foreign banks are subject to per client foreign currency credit extension limit of 25% of the net worth of their head office; and per client New Taiwan dollar credit extension limit of 10% of the total balance of New Taiwan dollars credit extension or one billion New Taiwan dollars, whichever is higher.
Guarantees of foreign currency guarantee business are limited to domestic enterprises and individuals.
|
(3) None.
|
|
f) Trading for own account or for account of customers in the following instruments:
- Money market instruments
- Foreign exchange
- Bullion
- Derivative products not traded on the exchange and exempted from the Futures Trading Law by the Ministry of Finance or the Central Bank, such as currency options, interest rate options, FX swaps, cross currency swaps, interest rate swaps, forward rate agreements and margin trading
|
(3) Forward exchange business is available when there are underlying transactions.
Branches of banks are not allowed to trade for own account in corporate stocks.
|
(3) None.
|
|
g) Participation in the issue of short-term bills
|
(3) None.
|
(3) None.
|
|
h) Money broking
|
(3) Foreign exchange brokerage firms are not allowed to engage in broking business of New Taiwan dollar money market.
|
(3) None.
|
|
i) Trust service
|
(3) Banks are not allowed to receive trust fund of which the principal or interest is guaranteed
|
(3) None.
|
|
k) Provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services
|
(3) None.
|
(3) None.
|
|
C. Securities and Futures
f) Trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, in the following instruments:
- derivative products subject to the Futures Trading Law, including, but not limited to, futures and options[12]
- transferable securities
|
(1) Unbound.
(2) None.
(3) None.
(4) Unbound except as indicated in
the horizontal section.
(1) Unbound.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) Unbound.
(2) None.
(3) None.
(4) Unbound except as indicated in
the horizontal section.
(1) Unbound.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
g) Participation in issues of all kinds of securities (excluding short-term bills), including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues
|
(1) Unbound.
(2) None.
(3) Securities business only includes brokerage, underwriting, and dealership.
(4) Unbound except as indicated in the horizontal section.
|
(1) Unbound.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
i) Asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services
|
(1) Unbound.
(2) None.
(3) Securities investment trust
enterprises:
(a) Equity interest in a company held by a single share holder and its related parties is subject to a ceiling limitation of 25% except for those who meet the qualifications as stated in (b) i. ii. and iii..
(b) At least 20% of the equity holding should come from promoters who meet the following qualifications :
i. fund management institutions : at least NTD 65 billion of mutual fund, unit trust, or investment trust under management (assets managed by their 50%, or more than 50%, holding subsidiaries included)
ii. banks: ranked among top 1000 of world banks in terms of assets or net worth
iii. insurance companies : holding at least NTD 8 billion securities assets
Securities depository enterprise: Only one securities depository can be established for one stock market (exchange).[13]
(4) Unbound except as indicated in the horizontal sections.
|
(1) Unbound.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
j) Settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments
|
(1) Unbound except that domestic securities issuers may make settlement and clearance through Euroclear, CEDEL or DTC (Depository Trust Company).
(2) None.
(3) None except that:
(a) Only securities exchanges and the securities depository enterprises entrusted by the securities exchanges can provide securities settlement and clearing services.
(b) Securities depository enterprises: Only one securities depository can be established in one exchange.
(4) Unbound except as indicated in the horizontal section.
|
(1) Unbound.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
k) Provision and transfer of financial information, and financial data processing and related software by providers of other financial services
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
l) Services provided by the securities consulting enterprises in the following categories: a. accepting assignment of providing for researches, analyses and advices relating to securities investments; b. issuing publications relating to securities investments;
c. hosting seminars relating to securities investments; and d. providing other services relating to securities investments which have been approved by the SFC), intermediation and other auxiliary financial services
|
(1) Unbound.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) Unbound.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
8. HEALTH RELATED AND SOCIAL SERVICES
|
Human Health Services (931)
Other
- Leasing or rental services concerning medical devices without operator
|
(1) None.
(2) None.
(3) A hospital should be established only by a non-profit institution[14]. In addition:
(a) the number of foreigners as directors should not exceed one third of total directors;
(b) more than one third of total directors should be medical professionals.
(4) Medical services should be provided by persons with medical licenses issued by Chinese Taipei.
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Medical services should be provided by persons with medical licenses issued by Chinese Taipei.
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
9. TOURISM AND TRAVEL RELATED SERVICES
|
A. Hotels and Restaurants (including catering)
a) Hotel (limited to tourist hotel) (excluding food and beverage serving services) (64110**)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
b) Hotels (limited to regular hotel) (64110**)
c) Food Serving Services (642) (including related beverage serving services)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
B. Travel Agencies and Tour Operators Services (7471)
|
(1) None.
(2) None.
(3) None
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated
in the horizontal section.
|
|
C. Tourist Guides Services (7472)
|
(1) Unbound.
(2) None.
(3) Unbound except such services can only be provided by a travel agency or a tour operator.
(4) Unbound except as indicated in
the horizontal section.
|
(1) Unbound.
(2) None.
(3) None.
(4) Unbound except as indicated
in the horizontal section. In addition, a foreigner can apply for the travel-guide examination only if he has obtained the alien resident certificate and has resided in Chinese Taipei for more than six months.
|
|
10. RECREATIONAL, CULTURAL AND SPORTING SERVICES (OTHER THAN AUDIOVISUAL SERVICES)
|
B. News Agency Services (962)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in
the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section. In addition, residence in Chinese Taipei is required for a publisher and an editor.
|
|
D. Sporting and Other Recreational Services
(limited to 96411, 96412, 96419)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
11. TRANSPORT SERVICES
|
C. Air Transport Services[15]
a) Maintenance and repair of aircraft
|
(1) Unbound*.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) Unbound*.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
b) Selling and marketing of air transport services
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
c) Computer reservation system
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
E. Rail Transport Services
|
|
|
|
a) Passenger Transportation
(7111 )
|
(1) Unbound*.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) Unbound*.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
b) Freight Transport Services (limited to ordinary trucking services and container trucking services) excluding regular route trucking services as currently defined in the Highway Law
|
(1) Unbound*.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) Unbound*.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
d) Maintenance and Repair of Rail Transport Equipment (8868**)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
F. Road Transport Services
a) Passenger transportation (limited to car rental services)
|
(1) Unbound*.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) Unbound*.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
b) Import and export of
freight that has an origin or destination outside of Chinese Taipei (7123**, excluding regular route freight transportation as currently defined in the Highway Law and those services currently specifically reserved to the Chinese Taipei's postal authorities by law)
|
(1) Unbound*.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) Unbound*.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
d) Maintenance and
Repair of Road Transport Equipment (6112, 8867)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
H. Services Auxiliary to All Modes of Transport
a) Cargo Handling Services (excluding ramping services provided in airports) (741**)
|
(1) Unbound*.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) Unbound*.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
b) Storage and Warehousing services (742)
|
(1) Unbound*.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) Unbound*.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
c) Freight Transport Agency Services (7480)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
d) Other Supporting and Auxiliary Transport Services (excluding local pick-up and delivery) (7490**)
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
(1) None.
(2) None.
(3) None.
(4) Unbound except as indicated in the horizontal section.
|
|
|
|
|
|
|
|
|
|
|
|
