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法規名稱: PROTOCOL ON THE ACCESSION OF THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU TO THE MARRAKESH AGREEMENT ESTABLISHING THE WORLD TRADE ORGANIZATION
簽訂日期: 民國 90 年 11 月 12 日
生效日期: 民國 91 年 01 月 01 日
簽約國: 國際組織 > 世界貿易組織
沿革:
1.Signed on November 12, 2001; Entered into force on January 1, 2002.

 
PROTOCOL OF ACCESSION OF THE SEPARATE CUSTOMS TERRITORY OF TAIW-
AN, PENGHU, KINMEN AND MATSU TO THE MARRAKESH AGREEMENT ESTABIS-
HING THE WORLD TRADE ORGANIZATION

The World Trade Organization (hereinafter referred to as the "W-
TO"), pursuant to the approval of the General Council of the WTO
accorded under Article XII of the Marrakesh Agreement Establish-
ing the The World Trade Organization (hereinafter referred to as
the "WTO Agreement"), and the Separate Customs Territory of Tai-
wan, Penghu, Kinmen and Mastu (hereinafter referred to as "Chin-
ese Taipei"),

Taking note of the Report of the Working Party on the Accession
of Chinese Taipei to the WTO Agreement reproduced in document WT
/ACC/TPKM/18, dated 5 October 2001 (hereinafter referred to as
the "Working Party Report"),
Having regard to the results of the negotiations on the accessi-
on of Chinese Taipei to the WTO Agreement,

Agree as follows:

PART 1 - GENERAL

1.Upon entry into force of this Protocol pursuant to paragraph
10, Chinese Taipei accedes to the WTO Agreement pursuant to
Article XII of that Agreement and thereby becomes a Member of
the WTO.

2.The WTO Agreement to which Chinese Taipei accedes shall be the
WTO Agreement, including the Explanatory Notes to that Agreem-
ent, as rectified, amended or otherwise modified by such legal
instruments as may have entered into force before the date of
entry into force of this Protocol. This Protocol, which shall
include the commitments referred to in paragraph 224 of the
Working Party Report, shall be an integral part of the WTO Ag-
reement.

3.Except as otherwise provided for in paragraph 167 of the Work-
ing Party Report, those obligations in the Multilateral Trade
Agreements annexed to the WTO Agreement that are to be implem-
ented over a period of time starting with the entry into force
of that Agreement shall be implemented by Chinese Taipei as if
it had accepted that Agreement on the date of its entry into
force.

4.The Special Exchange Agreement between the WTO and Chinese Ta-
ipei reproduced in Annex II to this Protocol forms an integral
part of this Protocol.

5.Chinese Taipei shall at the time of its accession to the Marr-
akesh Agreement Establishing the World Trade Organization (WTO
Agreement) accept the Plurilateral Trade Agreement on Trade in
Civil Aircraft listed in Annex 4 of the WTO Agreement.

6.Chinese Taipei: may maintain a measure inconsistent with para-
graph 1 of Article II of the GATS provided that such a measure
was recorded in the list of Article II Exemptions annexed to
this Protocol and meets the conditions of the Annex to the GA-
TS on Article II Exemptions.

PART II - SCHEDULES

7.The Schedules reproduced in Annex I to this Protocol shall be-
come the Schedule of Concessions and Commitments annexed to
the General Agreement on Tariffs and Trade 1994 (hereinafter
referred to as the "GATT 1994") and the Schedule of Specific
Commitments annexed to the General Agreement on Trade in Serv-
ices (hereinafter referred to as "GATS") relating to Chinese
Taipei. The staging of the concessions and commitments listed
in the Schedules shall be implemented as specified in the rel-
evant parts of the respective Schedules.

8.For the purpose of the reference in paragraph 6(a) of Article
II of the GATT 1994 to the date of that Agreement, the applic-
able date in respect of the Schedules of Concessions and Comm-
itments annexed to this Protocol shall be the date of entry
into force of this Protocol.

PART III - FINAL PROVISIONS

9.This Protocol shall be open for acceptance, by signature or
otherwise, by Chinese Taipei until 31 March 2002.

10.This Protocol shall enter into force on the thirtieth day
following the day upon which it shall have been accepted by
Chinese Taipei.

11.This Protocol shall be deposited with the Director-General
of the WTO. The Director-General of the WTO shall promptly
furnish a certified copy of this Protocol and a notification
of acceptance by Chinese Taipei thereto pursuant to paragraph
9 to each Member of the WTO and to Chinese Taipei.

This Protocol shall be registered in accordance with the provis-
ions of Article 102 of the Charter of the United Nations.

Done at Doha this twelfth day of November 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 its authentic in only one of these languages
.

For the Separate Customs
Territory of Taiwan, Penghu,
Kinmen and Matsu:

Pour le territoire douanier
Distint de Taiwan, Penghu,
Kinmen et Matsu:

Por el Territorio Aduanero
Distinto de Taiwan, Penghu,
Kinmen y Matsu:

林信義 (Signature) Nov. 12,2001
LIN HSIN-I
Subject to Ratification

I hereby certify that this is a true copy of the signature page
of the Protocol on the Accession of the Separate Customs Territ-
ory of Taiwan, Penghu, Kinmen and Matsu done at Doha on 11 Nove-
mber 2001, as signed by the plenipotentiary of the Separate Cus-
toms Territory of Taiwan, Penghu, Kinmen and Matsu.

(Signature) 12 Nov. 2001
Mike Moore
Director-General


Reference: WLI/100 2 December 2001
PROTOCOL OF ACCESSION OF THE SEPARATE CUSTOMS TERRITORY OF TAIW-
AN, RENGHU, KINMEN AND MATSU TO THE MARRAKESH AGREEMENT ESTABLI-
SHING THE WORLD TRADE ORGANIZATION DONE AT DOHA ON 11 NOVEMBER
2001

NOTIFICATION OF ACCEPTANCE
ENTRY INTO FORCE

I have the honour to inform you that on 2 December 2001 the Gov-
ernment of the Separate Customs Territory of Taiwan, Penghu, Ki-
nmen and Matsu deposited with me an instrument of ratification
of the above-mentioned Protocol, thereby recognizing as fully
binding the signature affixed by its plenipotentiary on 12 Nove-
mber 2001.

In terms of paragraph 10 of the Protocol, it shall enter into
force on 1 January 2002.

Pursuant to paragraph 1 of the Protocol, the Separate Customs
Territory of Taiwan, Penghu, Kinmen and Matsu shall become a Me-
mber of the World Trade Organization on 1 January 2002.

This notification is furnished in accordance with paragraph 11
of the Protocol.

(Signature)
Mike Moore
Director-General

MINISTRY OF ECONOMIC AFFAIRS

15, FOOCHOW STEET, TAIPEI, TAIWAN
THE: (02) 2321-2200
FAX: (02) 2391-9398

H.E. Mr. Mike Moore
Director-General
The World Trade Organization
Rue de Lausanne 154
1211 Geneva 21
Switzerland

December 2, 2002
Your excellency,

On behalf of the Separate customs Territory of Taiwan, Penghu,
Kinmen and Matsu, I have the honor to transmit to you the Instr-
ument of Ratification as attached for the accession of the Sepa-
rate Customs Territory of Taiwan, Penghu, Kinmen and Matsu to
the World Trade Organization.

The Protocol of Accession for the Separate Customs Territory of
Taiwan, Penghu, Kinmen and Matsu to the Marrakesh Agreement Est-
ablishing the World Trade Organization shall become effective on
1st January, 2002 in accordance with paragraph 11 of the said
Protocol.

Please accept, Your Excellency, the assurance of my highest con-
siderations.

Hsin-I Lin
Minister
(Signature)

Enclosure: as mentioned.
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