25th U.S.-China Joint Commission on Commerce and Trade Dec. 29, 2014 U.S.-CHINA JOINT FACT SHEET JCCT Outcomes The following outcomes of the 25th U.S.-China JCCT were achieved: Export Controls 1. In order to build on the recognition of the United States and China in the Sixth Meeting of the U.S.-China Strategic and Economic Dialogue that the objective of competition policy is to promote consumer welfare and economic efficiency, rather than promote individual competitors or industries, and that the enforcement of their respective competition laws should be fair, transparent, objective, and non-discriminatory, and China’s commitment that its three Antimonopoly Enforcement Agencies (AMEAs) are to provide to any party under investigation information about the AMEA’s competition concerns with the conduct or transaction, as well as an effective opportunity for the party to present evidence in its defense: a) China clarifies that in enforcing the AML, all business operators shall be treated equally.
b) Where AML violations are found, China clarifies that it is to impose enforcement measures that address the harm to competition, and not to impose enforcement measures designed to promote individual competitors or industries.
2. China clarifies that its AMEAs will, (1) when undertaking administrative actions, strictly follow statutory limits on their authority, procedures, and requirements as laid out in China’s relevant laws, regulations and rules; and (2) before imposing penalties, notify the parties of the facts, reasons, and basis according to which the administrative penalties are to be decided, notify the parties of the rights that they enjoy in accordance with the law, and provide the parties with the right to state their cases and to defend themselves.
3. China clarifies that all administrative decisions that impose liability on a party under the AML will be provided in writing to the party and include the facts, reasons, and evidence on which the decision is based. China clarifies that it will publish the final version of administrative decisions that impose liability on a party under the AML in a timely manner. Administrative decisions made public in accordance with law should not include contents involving what are legally commercial secrets.
4. China will ensure that, upon request from a party involved, the three AMEAs are to allow Chinese practicing lawyers to attend and participate in meetings with any of the three AMEAs. China will ensure that, upon request from the party involved, and after obtaining approval from the AMEA, which shall be granted as normal practice, the following persons may attend the meetings with any of the three AMEAs: (1) representatives of foreign law firm representative offices established in China, who are permitted to attend and advise on international law and practice and provide information on the impact of the Chinese legal environment, but not permitted to conduct activities that encompass Chinese legal affairs, and (2) foreign legal counsel practicing in other legal jurisdictions, who are permitted to attend and provide information on the subject transaction or conduct and information on the laws or international practices of the legal jurisdiction where they practice.
Visas U.S. Secretary of Commerce Penny Pritzker and U.S. Trade Representative Michael Froman, together with Chinese Vice Premier Wang Yang, co-chaired the 25th U.S.-China Joint Commission on Commerce and Trade (JCCT) in Chicago, Illinois, on December 16-18, 2014. They were joined by U.S. Secretary of Agriculture Tom Vilsack, U.S. Ambassador to China Max Baucus, U.S. Trade and Development Agency Director Leocadia Zak, and additional representatives from the U.S. Departments of Commerce, Agriculture, State and Treasury and the Office of the U.S. Trade Representative. Other Chinese participants included China’s Ambassador to the United States Cui Tiankai and representatives from the State Council; the National Development and Reform Commission; the Ministries of Agriculture, Commerce, Finance, Foreign Affairs, Industry and Information Technology, and Science and Technology; the China Civil Aviation Administration; the China Food and Drug Administration; the China Insurance Regulatory Commission; the China National Tourism Administration; the General Administration of Customs; the General Administration of Quality Supervision, Inspection and Quarantine; the State Administration for Industry and Commerce; the State Forestry Administration; and the State-owned Assets Supervision and Administration Commission.
JCCT Related Events Incorporating an expanded program developed by Secretary Pritzker, Ambassador Froman, and Vice Premier Wang at last year’s JCCT, the session began with a number of events, jointly sponsored by the U.S. Government and the U.S. and Chinese private sectors. These activities were a critical part of this year's reimagined JCCT, and were widely regarded by the public and private sectors of both countries as an impactful addition to the JCCT that should be integrated in future years.
U.S. - China: A Shared Vision of Global Economic Partnership Travel and Tourism Cooperative Program Cooperative Investment Program Cooperation on Advancing Mutual Goals in Food and Agriculture Chicago-China Gateway Cities Partnership Luncheon
Source: U.S. Department of Commerce
