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I. What are the background and policy goal of the introduction of the Measures?
Answer: After the Notification on Further Strengthening the Compliance Work
of Trade Policies by the General Office of the State Council (hereinafter
referred to as the Notification) was released, MOFCOM has carried out a series
of publicity campaigns to improve the understanding of the compliance work of
trade policies of all departments of the State Council, local people’s
governments at all levels and the whole society. In the meanwhile, the
government and the chamber of commerce of the United States and the chamber of
commerce of the European Union havel paid attention to such specific trade
policies as that of strategic emerging industries, the market access of the
service industry and investment measures related with trade by various ways.
More and more documents soliciting compliance opinions have been sent to MOFCOM
and the number has reached 133 so far. Based on this growth, about 300 cases are
expected to be dealt with every year and the workload of the compliance work of
the relevant departments will double at least. In consideration of some
procedural regulations and overall principles of the Notification, MOFCOM
introduced the Measures after asking for opinions of local governments and all
departments of the State Council to improve the standardization and operability
of the compliance work of trade policies.
II. What is the main content
of the Measures?
Answer: The Measures contains 19 articles, which define
such contents as the basis and goal of the formulation of the Measures, the
coverage scope of trade policies, the definition and the subject of application
of compliance, the relevant requirements and procedures of compliance problems
proposed in the current and planned trade policies, the responsibility scope of
MOFCOM, the procedures and the time limit regulations of dealing with compliance
problems.
The sixth article of the Measures sets substantive requirements for the form
of written opinions of the compliance problems of trade policies proposed by
members of the WTO, which is aimed at improving the transparency and working
efficiency of dealing with problems proposed by members of the WTO. According to
the regulation of “State Organs Adopting Mandarin and Normal Chinese Characters
as the Official Language” of the Common Language Law of the People’s Republic of
China, the Measures stipulates that the characters of written opinions of
compliance problems proposed by members of the WTO should be “normal Chinese
characters”.
If the compliance problems proposed by WTO members involve
trade policies formulated by relevant departments of the State Council, the
handling time should be within 50 days, according to the eighth article of the
Measures. If the compliance problems involve local people’s governments and
their departments, the handling time should be within 55 days according to the
ninth article of the Measures. These regulations show the immediate response of
the Chinese government to the concerns of WTO members and its positive attitude
to improving working efficiency. At the same time, the Measures stipulates that
when compliance opinions of relevant trade policies need to conduct scientific,
technical and economic analysis, MOFCOM can properly lengthen the time limit of
proposing written opinions. This is because when compliance assessment is made
on trade policies of some professional fields (such as agriculture, technical
barriers to trade and health quarantine standards of animals and plants), the
relevant laws assessment should be based on scientific experiment, technical
standard assessment and if they will cause unnecessary limits to trade. These
analyses usually take a very long time.
III. What is the relationship between MOFCOM and local people’s governments
at all levels in the compliance work of trade policies?
Answer: The
fourteenth article of the Measures stipulates that when local people’s
governments at all levels and their departments make trade policies, the
people’s governments at the provincial level are responsible for their
compliance work according to the requirements of both the Notification and the
Measures. But in order to make sure that national trade policies can be
implemented uniformly, MOFCOM should be responsive when any other department and
the people’s government of any province, autonomous region and municipality
seeks advice on compliance work, and give guidance to local compliance work, if
necessary.
Links: Ministry of Commerce Market Regulation IP Administration Ministry of Justice
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