Tax, Investment, and Trade Agreements Between Countries in the Middle East and China

Countries in the Middle East are deepening ties with China, offering new opportunities for Middle Eastern businesses to expand into China. To facilitate business activity and investment, Middle Eastern countries have signed a range of tax agreements and bilateral investment treaties with China that offer fair treatment and protection for foreign investors. Moreover, China is in the process of negotiating free trade agreements with countries in the Gulf and the Levant. We look at the current and prospective Middle East-China tax, trade, and investment agreements that will help to foster trade and investment between the two and provide a complimentary China business guide. 

Middle Eastern countries have a long history of collaboration and trade with China, with the first avoidance of double taxation treaties signed as far back as 1989. The network of double taxation agreements (DTAs) and bilateral investment treaties (BITs) has continued to expand in the years since, helping to facilitate investment and trade between the region and China.

The Middle East is an important node in China’s Belt and Road Initiative (BRI), which has led to a dramatic increase in infrastructure investment in the region, and the Gulf countries in particular are a strategically important region for China’s energy security. In addition, China overtook the EU as the largest trading partner to the Gulf states in 2020, further cementing their strategic partnership and mutual interests.

With the deepening collaboration between the region and China, prospects for free trade agreements becoming a reality are also growing. Below we look at the current tax, investment, and trade agreements that have been signed and are under negotiation between countries in the Middle East and China.

Tax treaties between Middle Eastern countries and China

Nine countries in the Middle East have double taxation agreements (DTAs) with China dating back to the early 1990s. Below are the DTAs that are currently in force, including the taxes covered by each of these DTAs.

The Chinese taxes covered in the DTAs vary slightly but generally include:

• Individual income tax (IIT)
• Income tax for enterprises with foreign investment and foreign enterprises
• Local income tax

Note that the “income tax for enterprises with foreign investment and foreign enterprises” and “local income tax” refer to historical taxes that are now no longer in place. China now imposes a nationwide CIT rate of 25 percent for all companies, whether foreign-invested, wholly foreign-owned, or local.

The DTAs all include a clause stating that the agreements will continue to apply to “any identical or substantially similar taxes which are imposed after the date of signature [of the DTA] in addition to, or in place of, the existing taxes referred to [in the DTA]”. The applicable Chinese taxes in the DTA are therefore now the standard CIT and IIT rates.

China implements a progressive IIT withholding rate, with different rates applied to resident and non-resident taxpayers. Broadly speaking, resident taxpayers refer to individuals who have a domicile in China, or individuals who do not have a domicile in China but have resided in China for 183 days or more cumulatively within a tax year. Non-resident taxpayers refer to individuals who do not have a domicile in China and have not resided in China, or individuals who do not have a domicile in China but have resided in China for less than 183 days cumulatively within a tax year.

China’s tax year runs from January 1 to December 31. Having a domicile in China means habitually residing in China due to household registration, family, and economic interests.

The IIT withholding rate for resident taxpayers is applied to the annual income and ranges from 3 percent for annual taxable incomes of below RMB 36,000 (US$5,192) to 45 percent for annual taxable incomes of over RMB 960,000 (US$138,448). For non-resident taxpayers, the IIT withholding rate is 3 percent for a monthly taxable income of below RMB 3,000 (US$433) and 45 percent for a monthly taxable income of over RMB 80,000 (US$11,537).

For a full explanation of China’s IIT withholding system, you can refer to our China Guide.

China imposes a nationwide 25 percent standard CIT rate on resident and non-resident enterprises with income-generating establishments in China. Reduced CIT rates are available based on the entity type, size, sector, or locations. For example, a CIT rate of 15 percent is available to qualified high and new technology enterprises (HNTEs), qualified advanced technology service enterprises (ATSEs), and companies operating in encouraged industries in certain development zones.

Bilateral investment treaties between countries in the Middle East and China

12 countries in the Middle East have also signed bilateral investment treaties (BITs) with China.

The BITs guarantee treatment to investors from the other contracting country that is equal to that afforded to investors in their own country. The BITs also include a most-favored-nation (MFN) clause, which requires the contracting parties to extend the same treatment to the other contracting party as they do to all other trade partners.

The contents of each BIT have minor variations, but generally cover the same types of investments, compensation for damages and loss, and dispute mechanisms, including neutral arbitration in an international court.

Taking the Oman-China BIT as an example, the protected investments include:

• Movable and immovable property as well as any other property rights in rem, including mortgages, liens, pledges, usufruct, and similar rights.
• Shares, stocks, and debentures of companies or other rights or interests in such companies and government-issued securities.
• Claims to money or to any performance that has an economic value associated with an investment.
• Copyrights, trademarks, patents, industrial designs and other industrial property rights, know-how, trade secrets, trade names and goodwill.
• Any right conferred by law or contract and any licenses and permits pursuant to law, including the right to search for, extract and exploit natural resources.

The BITs also prohibit the contracting countries from expropriating or nationalizing the assets of a foreign company within its jurisdiction, except for when there are extenuating domestic needs to do so and it is done against fair compensation.

For more information on how investors can benefit from China’s BITs, see our article here.

WTO agreements

In addition to the bilateral agreements discussed above, 10 countries in the Middle East are also members of the WTO. This, by extension, means that China and these countries are parties to several multilateral trade and investment agreements, which provide additional protection for trade and investment between the regions.

Countries in MENA that are WTO members are:

• Bahrain
• Egypt
• Israel
• Jordan
• Kuwait
• Oman
• Qatar
• Saudi Arabia
• UAE
• Yemen

Multilateral treaties under the WTO include:

• The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which requires WTO members to extend intellectual property (IP) rights to the IP owners in any member state or region. It includes a most-favored-nation (MFN) clause, guaranteeing equal treatment for IP rights protection for all member countries and regions, and offers dispute resolution and compensation mechanisms.
• Agreement on Trade-Related Investment Measures (TRIMs), which prohibits members from implementing investment measures that have the effect of restricting trade with other members, such as local content requirements (requirements for a company to use locally-produced goods or local services in order to operate in the market).
• General Agreement on Trade in Services (GATS), which guarantees MFN status to service providers of any WTO member (except governmental services such as social security schemes, public health, education, and services related to air transport).

Free trade agreements under negotiation

Currently, none of the countries in the Middle East have signed a free trade agreement (FTA) with China. Long-running negotiations on a trade deal with the Gulf Cooperation Council (GCC), comprised of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the UAE, were ground to a halt after nine rounds of talks due to a series of diplomatic headwinds. However, following a visit by GCC representatives to Wuxi, Jiangsu province, the GCC and China pledged they would conclude negotiations on the FTA, with no specific timeline given.

In addition, negotiations on a trade deal between Israel and China began in 2017, with nine rounds of negotiation held so far. In May 2022, the Israeli Ambassador to China told China’s state news outlet CGTN that the FTA would be signed by the end of the year. Meanwhile, negotiations on an FTA between Palestine and China began in 2018 following the signing of a memorandum of understanding, however, little progress appears to have been made since then.

Note: All currency conversions cited are based on the exchange rate at the date of publication.

Dezan Shira & Associates have offices in Dubai and throughout Asia, including thirteen offices in China. We assist investors throughout the Middle East in understanding and investing in markets in China, ASEAN, and India. For information on investment opportunities for Middle East companies in China and help with market entry, contact us at china@dezshira.com. Our ‘2022 Guide To Doing Business In China” can be downloaded on a complimentary basis below.

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