¡¡¡¡18. Transitional Review Mechanism

¡¡¡¡1. Those subsidiary bodies2 of the WTO which have a mandate covering China's commitments under the WTO Agreement or this Protocol shall, within one year after accession and in accordance with paragraph 4 below, review, as appropriate to their mandate, the implementation by China of the WTO Agreement and of the related provisions of this Protocol. China shall provide relevant information, including information specified in Annex 1A, to each subsidiary body in advance of the review. China can also raise issues relating to any reservations under Section 17 or to any other specific commitments made by other Members in this Protocol, in those subsidiary bodies which have a relevant mandate. Each subsidiary body shall report the results of such review promptly to the relevant Council established by paragraph 5 of Article IV of the WTO Agreement, if applicable, which shall in turn report promptly to the General Council.

¡¡¡¡2. The General Council shall, within one year after accession, and in accordance with paragraph 4 below, review the implementation by China of the WTO Agreement and the provisions of this Protocol. The General Council shall conduct such review in accordance with the framework set out in Annex 1B and in the light of the results of any reviews held pursuant to paragraph 1. China also can raise issues relating to any reservations under Section 17 or to any other specific commitments made by other Members in this Protocol. The General Council may make recommendations to China and to other Members in these respects.

¡¡¡¡3. Consideration of issues pursuant to this Section shall be without prejudice to the rights and obligations of any Member, including China, under the WTO Agreement or any Plurilateral Trade Agreement, and shall not preclude or be a precondition to recourse to consultation or other provisions of the WTO Agreement or this Protocol.

¡¡¡¡4. The review provided for in paragraphs 1 and 2 will take place after accession in each year for eight years. Thereafter there will be a final review in year 10 or at an earlier date decided by the General Council.

¡¡¡¡Part II - Schedules

¡¡¡¡1. The Schedules annexed to this Protocol shall become the Schedule of Concessions and Commitments annexed to the GATT 1994 and the Schedule of Specific Commitments annexed to the GATS relating to China. The staging of concessions and commitments listed in the Schedules shall be implemented as specified in the relevant parts of the relevant Schedules.

¡¡¡¡2. For the purpose of the reference in paragraph 6(a) of Article II of the GATT 1994 to the date of that Agreement, the applicable date in respect of the Schedules of Concessions and Commitments annexed to this Protocol shall be the date of accession.

¡¡¡¡Part III - Final Provisions

¡¡¡¡1. This Protocol shall be open for acceptance, by signature or otherwise, by China until 1 January 2002.

¡¡¡¡2. This Protocol shall enter into force on the thirtieth day following the day of its acceptance.

¡¡¡¡3. This Protocol shall be deposited with the Director-General of the WTO. The Director-General shall promptly furnish a certified copy of this Protocol and a notification of acceptance by China thereof, pursuant to paragraph 1 of Part III of this Protocol, to each WTO Member and to China.

¡¡¡¡4. This Protocol shall be registered in accordance with the provisions of Article 102 of the Charter of the United Nations.

¡¡¡¡Done at [Doha] this [ ] day of [ ] two thousand and one, in a single copy, in the English, French and Spanish languages, each text being authentic, except that a Schedule annexed hereto may specify that it is authentic in only one or more of these languages.

¡¡¡¡ANNEX 1A

¡¡¡¡INFORMATION3 TO BE PROVIDED BY CHINA

¡¡¡¡IN THE CONTEXT OF THE TRANSITIONAL REVIEW MECHANISM

¡¡¡¡China is requested to provide information on the following in accordance with Article 18.1 of the Protocol of Accession. The requested information should be provided annually, except in those cases where China and the Members agree that it is no longer required for the review.

¡¡¡¡I. ECONOMIC DATA

¡¡¡¡(a) most recently available import and export statistics by value and volume, by supplier country at the HS 8-digit level

¡¡¡¡(b) current account data on services, by source and destination in line with the statistical requirements of the IMF

¡¡¡¡(c) capital account data for inward- and outward-realized foreign direct investment by source and destination in line with the statistical requirements of the IMF

¡¡¡¡(d) the value of tariff revenues, non-tariff taxes, and other border charges levied exclusively on imports by product or at the highest level of detail possible, but at least by HS heading (4-digit) at the beginning of the review mechanism

¡¡¡¡(e) the value of export duties/taxes by product

¡¡¡¡(f) the volume of trade subject to tariff exemptions by product or at the highest level of detail possible, but at least by HS heading (4-digit) at the beginning of the review mechanism

¡¡¡¡(g) the value of commissions, mark ups and other fees charged on imports subject to state trading or designated trading imposed through government regulation or guidance, if any

¡¡¡¡(h) the shares of imports and exports accounted for by the trading activities of state-owned enterprises

¡¡¡¡(i) annual economic development programmes, China's five-year programmes and any industrial or sectoral programmes or policies (including programmes relating to investment, export, import, productions, pricing or other targets, if any) promulgated by central and sub-central government entities

¡¡¡¡(j) annual receipts under the Value-Added Tax (VAT), with separate information for imports and domestic products as well as information on VAT rebates