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New Zealand - China Free Trade Agreement

Opportunities for NZ Securities Trusts Clients

Exciting new business opportunities exist for NZ Securities Trusts’ clients by taking advantages provided by the introduction of this FTA. Opportunities exist for New Zealand resident clients as well as clients based offshore from New Zealand. New Zealand clients have direct access into China from 1 October 2008. They will require appropriate structures for trading to provide the maximum trading and tax advantages. Offshore clients will have advantages available to use this FTA by either linking with existing New Zealand businesses, in business structures such as Limited Partnerships, New Zealand Foreign Trusts and Companies, or alternatively commencing, or purchasing a wholly owned New Zealand subsidiary, which could enable them to qualify to export to China using the advantageous reduced tariffs and the access provisions. Clients will need to study the relevant Articles in the Rules of Origin and Operational procedures (in the following paragraphs and in the Agreement itself) to enable them to see the specific opportunities. Please contact Garth Melville for specific enquiries at info@nzsecurities.com

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Introduction

This Free Trade Agreement signed on the 7th of April 2008 in Beijing, is an amazing development in the relationship between China and New Zealand. New Zealand is the first OECD country to sign a comprehensive FTA with China. This development has come from bilateral economic and trade relationship since the establishment of diplomatic relations in 1972;

Subject to completion of parliamentary processes the FTA is expected to enter into force on 1 October 2008

This Free Trade Agreement is a treaty between New Zealand and China that liberalises and facilitates trade in goods and services and investment, and promotes cooperation between the two countries in a wide range of economic areas.

The full Agreement and details are available on www.chinafta.govt.nz. This section of the website provides further information on the Agreement. It includes a summary of the key outcomes, provides the full text of the NZ-China FTA, as well as additional publications and resources associated with the Agreement.

This section of the website provides further information on the Agreement. It includes a summary of the key outcomes, provides the full text of the NZ-China FTA, as well as additional publications and resources associated with the Agreement.

Key Outcomes

The Key Outcomes are: Liberalised trade in goods and services, Movement of People and Facilitation of Investment. Measures to improve the business environment and reduce the barriers of business between the two jurisdictions include customs procedures, sanitary and phytosanitary procedures, technical barriers to trade, and intellectual property

The Rules to Govern Trade

This FTA contains the Rules of Origin and also rules to counter unfair trade or unexpected surges in imported products from the other jurisdiction. Clients are recommended to carefully review the website Chapter 4 - Rules of Origin and Operational procedures to determine their opportunities Articles 17 to 32 inclusive. These Articles range from Preferential Tariff Treatment, to Regional Value Content (which provides the formula for acceptable volume of non-originating content of goods when these are included together with regional value content of goods). Many other rules are also included in this Rules of Origin section.

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