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主题:【求助】本人经济白痴,想问一下这里的大虾,外资控股银行是怎么回事 -- 刺客999

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家园 请看我国入WTO 原件,没有什么外资银行控股条例

在附录9中提到了金融业:

WTO Package - Annex 9: Schedule of Specific Commitments on Services List of Article II MFN Exemptions

2006-11-15 13:49:44 China Daily

As indicated in paragraph 343 of the Report of the Working Party on the Accession of China (WT/ACC/CHN/49), the Schedule of Specific Commitments on Services resulting from the negotiations between the People's Republic of China and WTO Members is annexed to the Protocol of Accession of China and is reproduced hereunder.

Banking and Other Financial Services (excluding insurance and securities)

Banking services as listed below:

a. Acceptance of deposits and other repayable funds from the public;

b. Lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transaction;

c. Financial leasing;

d. All payment and money transmission services, including credit, charge and debit cards, travellers cheques and bankers drafts(including import and export settlement);

e. Guarantees and commitments;

f. Trading for own account or for account of customers: foreign exchange.

Modes of supply: (1) Cross-border supply (2) Comsumption abroad (3) Commercial presence (4) Presence of natural persons

Limitations on market access

(1) Unbound except for the following:

- Provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services;

- Advisory, intermediation and other auxiliary financial services on all activities listed in subparagraphs (a) through (k), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy.

(2) None

(3) A. Geographic coverage

For foreign currency business, there will be no geographic restriction upon accession.

For local currency business, the geographic restriction will be phased out as follows:

Upon accession, Shanghai, Shenzhen, Tianjin and Dalian; Within one year after accession, Guangzhou, Zhuhai, Qingdao, Nanjing and Wuhan;

within two years after accession, Jinan, Fuzhou, Chengdu and Chongqing; within three years after accession, Kunming, Beijing and Xiamen; Within four years after accession, Shantou, Ningbo, Shenyang and Xi'an.

Within five years after accession, Jinan, Fuzhou, Chengdu and Chongqing; within three years after accession, Kunming, Beijing and Xiamen;

Within four years after accession, Shantou, Ningbo, Shenyang and Xi'an. Within five years after accession, all geographic restrictions will be removed.

B. Clients

For foreign currency business, foreign financial institutions will be permitted to provide services in China without restriction as to clients upon accession.

For local currency business, within two years after accession, foreign financial institutions will be permitted to provide services to Chinese enterprises.

Within five years after accession, foreign financial institutions will be permitted to provide services to all Chinese clients.

Foreign financial institutions licensed for local currency business in one region of China may service clients in any other region that has been opened for such business.

C. Licensing

Criteria for authorization to deal in China's financial services sector are solely prudential (i.e., contain no economic needs test or quantitative limits on licenses). Within five years after accession, any existing non-prudential measures restricting ownership, operation, and juridical form of foreign financial institutions, including on internal branching and licenses, shall be eliminated.

Foreign financial institutions who meet the following condition are permitted to establish a subsidiary of a foreign bank or a foreign finance company in China:

- total assets of more than US $10 billion at the end of the year prior to filing the application.

Foreign financial institutions who meet the following condition are permitted to establish a branch of a foreign bank in China:

- total assets of more than US $20 billion at the end of the year prior to filing the application.

Foreign financial institutions who meet the following condition are permitted to establish a Chinese-foreign joint bank or a Chinese-foreign joint finance company in China:

- total assets of more than US $10 billion at the end of the year prior to filing the application.

Qualifications for foreign financial institutions to engage in local currency business are as follows:

- three years business operation in China and being profitable for two consecutive years prior to the application, otherwise, none.

(4) Unbound except as indicated in Horizontal Commitments.

Limitation on national treatment

(1) None

(2) None

(3) Except for geographic restrictions and client limitations on local currency business (listed in the market access column), foreign financial institution may do business, without restrictions or need for case-by-case approval, with foreign invested enterprises, non-Chinese natural persons, Chinese natural persons and Chinese enterprises. Otherwise, none.

(4) Unbound except as indicated in Horizontal Commitments.

Additional commitments

For financial leasing services, foreign financial leasing corporations will be permitted to provide financial leasing service at the same time as domestic corporations.

并没有说要允许外资控股中国的银行,只是说,在条件满足的情况下,允许其设立分支机构,进行人民币业务。

所以这一办法是超出了当初加入WTO承诺的。

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