As the Special Representatives
of President Barack Obama and President Xi Jinping, U.S. Treasury Secretary
Jacob J. Lew and Chinese Vice Premier Wang Yang led the sixth meeting of the
Economic Track of the U.S.-China Strategic and Economic Dialogue (S&ED) on
July 9-10, in Beijing, China. They were joined by a high-level delegation
of Cabinet members, ministers, agency heads, and senior officials from both
countries.
The United States and China
welcomed the growth in the breadth and depth of bilateral economic relations
since the establishment of official diplomatic relations 35 years ago.
The two countries further recognized that there is significant potential for
continued progress in U.S.-China economic relations, especially as China fully
implements the comprehensive economic agenda announced at the Third Plenum of
the 18th CPC Central Committee, and as the U.S. economy continues to
strengthen, creating jobs, improving fiscal sustainability, and making investments
to support future productivity and growth. These developments are to
provide new impetus for economic cooperation between the two countries.
As such, the participants discussed new strategies for practical
cooperation and for continuing to deliver concrete progress that is to benefit
the citizens of both countries, our neighbors, and the world.
During the sixth meeting, the
United States and China emphasized the importance of promoting a comprehensive
U.S.‑China economic relationship based on mutual respect and mutually
beneficial cooperation. The two countries reaffirmed the commitments
pledged by both countries in previous Dialogues and the importance of full
implementation of these outcomes. The United States and China announced
further concrete measures to support strong domestic and global growth, promote
open trade and investment, enhance international rules and global economic
governance, and foster financial market stability and reform. The two
countries reached consensus to work expeditiously to implement the new
commitments made and, as the Special Representatives of the Economic Track,
Secretary Lew and Vice Premier Wang directed their respective economic teams to
take concrete action before the next S&ED.
I.
Strengthening Economic Policy
Cooperation
Since
the fifth meeting of the S&ED in July 2013, the United States and China
have taken significant actions to strengthen growth and promote job creation in
both countries, to continue to support a durable global recovery, and to ensure
that their domestic growth supports strong, sustainable, and balanced global
growth. The United States and China pledged to make further progress as
well as committed to make new progress on the following:
· Both
sides commit to implement our G-20 commitments to move more rapidly toward a
more market-determined exchange rate system and greater exchange rate
flexibility to reflect underlying fundamentals, avoid persistent exchange rate
misalignment, and refrain from competitive devaluation. Consistent with
the reforms set out in the Third Plenum of the 18th CPC Central
Committee, China is to continue market-oriented exchange rate reform; reduce
foreign exchange intervention as conditions permit; and increase exchange rate
flexibility.
· To
enhance data transparency, China is making technical preparations with the
International Monetary Fund for subscription to the Special Data Dissemination
Standard.
· Consistent
with its statutory mandate, the U.S. Federal Open Market Committee (FOMC) seeks
to foster maximum employment and price stability. To support continued
progress toward meeting its mandate, the FOMC has been pursuing a highly
accommodative monetary policy, including the purchase of longer-term Treasury
and agency mortgage-backed securities. In light of progress made toward
improving labor market conditions, the FOMC has been reducing the pace of its
asset purchases, but continues to anticipate that economic conditions will
likely warrant maintaining the target range for the federal funds rate at its
current low level for a considerable time after the purchase program
ends. In determining the size, pace, and composition of its asset
purchases, the FOMC continues to take appropriate account of the likely
efficacy and costs of such purchases as well as the extent of progress toward
its economic objectives. The Federal Reserve is sensitive to the effects
of its polices on the international financial system. A key goal of the
Federal Reserve is to maintain financial stability both domestically and
internationally.
· China
is to continue to advance market-based interest rate reform and to let the
market play a decisive role in the allocation of financial resources. China is
to promote the issuance of certificates of deposit to enterprises and
individuals to gradually expand the range of liability products of financial
institutions priced by the market, and to improve its market-based benchmark
interest rate system.
· The
United States remains committed to putting public finances on a sustainable
path over the medium term. The Administration’s Fiscal Year 2015 budget would
lower the federal budget deficit to about 2 percent of GDP by 2024 and put
publicly held debt as a share of the economy on a declining path after 2015,
including reducing federal health spending and improving the quality and
efficiency of health care delivery, eliminating tax loopholes, and prioritizing
investments in areas such as education and infrastructure to foster strong
growth and job creation in the near term and enhance productivity over the long
term. The United States and China commit to further strengthen macroeconomic
communication and cooperation, and to discuss important economic policies with
each other in a timely manner.
· The
United States reaffirms its past S&ED commitments and continues to support
moving toward a pattern of growth characterized by higher investment and
national saving, including through reduction of the federal budget deficit,
investments in education and training that promotes greater attachment to the
labor force, measures to prevent abusive credit practices, and policies to
increase employer-based and individual saving.
· China
remains committed to making domestic demand the main engine in driving growth,
and focusing on boosting consumption while working to increase domestic
demand. Towards this end, China is to implement targeted fiscal and
structural measures to increase household income in a comprehensive and
balanced manner. China is to extend social insurance coverage to more people,
and reduce social insurance premium rates, as appropriate and at the proper
time. China is to improve the ability of farmers to exercise rural land
property rights, perfect the secondary market for land leasing, transfer, and
mortgage, and provide fair compensation to farmers in land acquisitions, taking
location, employment, and the social security benefits associated with rural
land into comprehensive consideration. China is to complete the business
tax to Value-Added Tax reform, in order to eliminate double taxation and
promote economic transformation.
· China
is to deepen economic system reform by allowing the market to play a decisive
role in the allocation of resources. China commits that economic entities
under all forms of ownership have equal access to factors of production in
accordance with the law and are able to compete on a level playing field.
China is to accelerate the process of market-based price reforms in petroleum,
electricity, and natural gas, to promote competition in energy markets, and to
realize market-based prices in competitive sectors as soon as possible. The
United States is to provide technical assistance to China to support China’s
efforts to promote energy reform.
· China
commits to increase the share of the central State Capital Operating Budget
(SCOB) funds transferred into the public finance budget for social security and
people’s welfare, with the proportion rising steadily, reaching 30 percent by
2020. China is to make public, through the budget process, the information
regarding the transfer from the SCOB to the public finance budget.
· China
remains committed to publishing relevant information on the SCOBS income and
expenditures, according to the budget approved by the National People’s
Congress (NPC) and regulations on government information disclosure.
China further commits to publish increasingly detailed budget information on
SCOBS’ income and expenditures according to the NPC’s requirement to enhance
budget transparency.
II.
Promoting Open Trade and Investment
The United States and China
underscored the importance of fostering an open, transparent, and
non-discriminatory environment for trade and investment, recognizing that doing
so is critical to economic growth and job creation in both countries and in the
global economy. The United States and China committed to take the
following measures to further enhance our bilateral trade and investment
relationship, support an open and fair environment, and create greater
opportunities for U.S. and Chinese companies and workers.
· United
States and China held constructive discussions regarding the expansion of the
Information Technology Agreement. Both sides commit to continue the
discussion within the next few weeks, to create conditions to restart
plurilateral negotiations.
· The
United States and China welcome the progress made to date in the Bilateral
Investment Treaty (BIT) negotiations, and affirm their commitment to intensify
these negotiations toward a BIT with high standards, including
non-discrimination, fairness, openness, and transparency. The two sides
are working to narrow differences and to reach agreement on core issues and
major articles of the treaty text by the end of 2014, and commit to initiate
the “negative list” negotiation early in 2015 based on each other’s “negative
list” offers. Recognizing the positive role of investment in creating
jobs and boosting economies, and the mutual benefit of open investment
environments, the two sides support the expansion of two-way investment and
commit, through the BIT negotiation, to ensure that foreign and domestic
investors benefit from equal access to and treatment in the market, subject
only to negotiated and transparent exceptions.
· China
is to further deepen the reform of State Owned Enterprises (SOEs) (including
State-Invested Enterprises), improve and standardize modern corporate
governance structure, and reasonably increase the proportion of market-based
recruitment of management personnel for SOEs. In mixed ownership
enterprises, China is to improve the process for nominating and selecting
personnel to serve on Boards of Directors in accordance with the Company Law
and corporate governance principles. The United States and China commit to
establish an exchange mechanism with regard to improving the modern corporate
system and corporate governance structure of SOEs.
· The
United States and China recognize that the objective of competition policy is
to promote consumer welfare and economic efficiency rather than promote
individual competitors or industries, and that enforcement of their respective
competition laws should be fair, objective, transparent, and
non-discriminatory. China commits that its three Anti-Monopoly
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 effective opportunity for the party to present evidence
in its defense.
· The
United States reaffirms its commitment to give fair treatment to China in its
export control reform process, and to encourage and facilitate export of high
technology items to China for civilian end-uses and civilian end-users.
The United States reaffirms its commitment to process and decide upon, in a
timely manner, individual license applications once the United States receives
all necessary information required under the Export Administration
Regulations. Both sides commit to make joint efforts to actively
implement the Action Plan for Cooperation in the Priority Areas of U.S.-China
High Technology Trade. Both sides commit to hold High Technology and
Strategic Trade Working Group meetings and conferences to exchange ideas and to
listen to industry’s concerns and recommendations regarding bilateral high-tech
trade between the United States and China. Both sides further commit to
discuss these and other export control issues in depth and in detail through
the U.S.-China High Technology and Strategic Trade Working Group.
· The
United States commits to inform China about the process required by the Natural
Gas Act (NGA), which governs the evaluation of applications to export liquefied
natural gas (LNG) export applications, to Free Trade Agreement (FTA) countries
and to non-FTA countries such as China. The NGA directs the U.S.
Department of Energy (DOE) to evaluate LNG export applications to non-FTA
countries. DOE applies the same rules in every case. To date, DOE
has granted six conditional long-term authorizations and one final
authorization to export domestically-produced lower-48 LNG to non-FTA
countries, and 26 non FTA-applications are currently pending. The DOE is
currently evaluating pending applications on a case-by-case basis. The DOE is
evaluating changes to its procedures that would prioritize resources on the
more commercially advanced projects and improve efficiency of the review
process. The DOE is to update the National Energy Administration (NEA) of
China of the status of the process in a timely manner. Any investment in
U.S. or Chinese LNG facilities is to be consistent with the applicable law and
commercial- and market- oriented principles. To the extent allowed by
applicable law, the United States and China commit to provide information to
interested companies about the process to participate in LNG infrastructure
investment and construction in their respective countries.
· The
United States and China affirm that they do not approve of trade secret theft
for commercial advantage and that the protection and enforcement of trade
secrets is essential to maintain fair competition and to develop an innovative
economy. Both sides are to pursue criminal and other actions to deter the
misappropriation of trade secrets, and make information available to the public
about their actions, to the extent permitted by law. China has incorporated the
protection and enforcement of trade secrets into its 2014 Priorities of the
Nationwide Crack Down on Intellectual Property Infringement and Production of
Counterfeit and Shoddy Products, published by the State Council on April 14,
2014. As its next step, China is to vigorously investigate and prosecute
trade secret theft cases; ensure that civil and criminal cases are tried and
the judgments are published according to law; and protect trade secrets
contained in materials submitted by companies as part of regulatory,
administrative, and other proceedings according to Chinese law. China is
also to undertake publicity and education activities to improve the awareness of
companies and the general public regarding the protection of trade secrets; to
undertake studies and research on trade secrets law and related legislative and
policy issues; and is to continue engaging in technical exchanges with the
United States on these issues. China affirms that it is to continue
prioritizing trade secrets protection and enforcement and is to take positive
actions that are to be included in upcoming work plans.
· Building
on the prior successful exchanges between the United States and China at the
Joint Commission on Commerce and Trade (JCCT) Intellectual Property Rights
Working Group and at meetings among relevant agencies, the United States and
China are to continue to promote exchanges between respective Intellectual
Property (IP) agencies, including judicial and administrative bodies, on topics
of mutual interest, such as enforcement, transparency, and specialized IP
courts. These discussions and any recommendations are to be reported to
the JCCT and other bilateral meetings.
· China
confirms that the Deployment Standards for the Assets of the Office of
General Software of Government Agencies is a measure designed to
strengthen the administration of spending and implement the CPC Central
Committee’s call for frugality. This measure was drafted with the
intention to not have any purpose or effect of creating obstacles to
international trade. The United States and China are to continue to
engage on ways to address any obstacles to trade facing companies.
· The
United States and China commit to discuss this year issues concerning China
raised in the Consolidated Appropriations Act, 2014.
· In
support of China’s commitment to strong, sustainable, and balanced economic
growth and the transformation of China’s economic development pattern, and in
recognition of the importance of fostering a more streamlined, efficient, and
market-based business environment in which the market plays a decisive role in
allocating resources, China commits to improve its Value Added Tax rebate
system, including actively studying international best practices, and to deepen
communication with the United States on this matter, including regarding its
impact on trade.
· In
support of China’s efforts to rein in excess production capacity in key
manufacturing sectors and to foster a business environment in which the market
can play a decisive role in allocating resources, China is to establish
mechanisms that strictly prevent the expansion of crude steelmaking capacity and
that are designed to achieve, over the next five years, major progress in
addressing excess production capacity in the steel sector.
· To
advance the shared goal of ensuring access to safe and high-quality medicines
for patients and protect supply chain integrity, to affirm the responsibilities
of the manufacturers and regulators over the life-cycle of the drug to ensure
product quality, and to fight against illegal actions to manufacture,
distribute, and export counterfeit and substandard active pharmaceutical
ingredients (APIs) and APIs used for counterfeit and substandard products,
China commits, during the process of revising the Drug Administration Law
(DAL), to develop and seriously consider amendments to the DAL requiring
regulatory control of the manufacturers of bulk chemicals that can be used as
APIs (“bulk chemicals”), including “export only” producers and
distributors. To this end, China commits to hold a multi-ministerial work
mechanism on a potential regulatory and enforcement framework to develop the
oversight of bulk chemicals, and a roadmap for implementation, by the end of
this year. The United States commits to continue to review its authority
to exclude from consideration the import of bulk chemicals from firms that are
not registered with China Food and Drug Administration (CFDA). In
addition, the United States and China commit to deepen technical exchanges,
trainings, and regulatory cooperation to enhance the safety of bulk chemicals
traded between the United States and China, and to exchange views on the user
fee programs at the upcoming pharmaceutical working group meeting of the
JCCT.
· In order to foster the development of the services sector,
China is to follow the guidance provided at the Third Plenum of the 18th
CPC Central Committee, which is to promote the orderly opening-up of the
finance, education, cultural, medical sectors, and other service areas, and to
remove foreign investment access restrictions in child and old-age care,
architectural design, accounting and auditing, commerce and logistics,
electronic commerce, and other such service sectors, including accelerating the
revision of the Catalogue Guiding Foreign Investment in Industries to further
open up to foreign investment. China is to revise the related regulations
on the administration of foreign-invested construction and engineering design
enterprises to open these sectors to foreign providers of such services.
· The
United States commits that the Committee on Foreign Investment in the United
States (CFIUS) applies the same rules and standards to each transaction that it
reviews, without regard to the investor’s country of origin. The U.S.
Treasury Department website contains links to the CFIUS statute, regulations,
executive order, Guidance, and all Annual Reports, which fully, clearly, and
publicly articulate the rules of the CFIUS process. CFIUS, in every case,
is focused on whether the particular transaction, given the facts and
circumstances unique to that transaction, raises national security concerns,
not broader economic or policy concerns. When a transaction poses a
national security risk, CFIUS works to resolve it as expeditiously as possible,
including through targeted mitigation rather than prohibition whenever
possible. In its public Guidance and Annual Reports, CFIUS describes, to
the extent possible, illustrative examples of the national security concerns
presented by transactions it has reviewed, as well as the perceived adverse
effects of covered transactions on the national security or critical
infrastructure of the United States. The United States and China commit
to continue to discuss and explain concepts in the U.S. foreign investment
review process.
· The
United States welcomes investment from all countries, including China.
The United States commits to maintain an open investment environment for
Chinese investors, including SOEs, as with investors from other
countries. The United States reaffirms its open investment policy and a
commitment to treat all investors in a fair and equitable manner under the law.
· The
United States reaffirms its commitment to open and non-discriminatory
principles identified by the Organization for Economic Cooperation and
Development in its June 2008 Declaration on Sovereign Wealth Funds and
Recipient Country Policies. China reaffirms its commitment to follow the
generally accepted principles and practices of Sovereign Wealth Funds.
· In
any area open to foreign investment, consistent with Chinese law, China is to
continue to improve procedures for foreign investment approval and
record-filing by unifying domestic and foreign investment laws and
regulations. To make it easier to invest, China is shifting from an
approach of approval or verification to one based on record filing. The
United States welcomes China’s further efforts to improve the investment
environment and maintain stability, transparency, and predictability of foreign
investment policies and procedures. China has authorized the Shanghai
Free Trade Pilot Zone to undertake trial work regarding pre-establishment
national treatment plus negative list in order to accumulate replicable and
expandable experiences for deepening reform.
· The
United States welcomes China’s efforts to improve the efficiency and
transparency of its administrative licensing and approval processes and China’s
commitment to strictly implement its Administrative Licensing Law. The
United States and China commit to treat applicants for administrative licenses
and approvals under the same rules and standards of each side, with regard to
the resources available to accept and process applications, and the number of
applications permitted at one time from an applicant. Further, the United
States and China commit to strictly implement existing laws and regulations to
adequately protect any trade secret or sensitive commercial information
provided by the applicant during the administrative licensing or approval
process, consistent with laws.
· China welcomes the United States’ commitment to reviewing
existing regulations if needed and developing plans, in consultation with the
public, to reform or eliminate those regulations that are obsolete,
unnecessary, burdensome, or counterproductive, and where feasible, to modify regulations
to increase their effectiveness, efficiency, and flexibility. The
United States welcomes China’s actions to provide legal review of regulatory
documents with a direct influence on the rights and obligations of citizens,
legal persons, or other organizations, and to limit and reduce the number of
regulatory documents in effect at both the central and sub-central levels of
government. In support of these actions, the United States and China
commit to hold seminars to discuss the types and effect of those documents
existing in both countries.
· The
United States and China reaffirm their past bilateral commitments on
publication of trade- and economic-related administrative regulations and
departmental rules. China confirms that the relevant State Council Legislative
Affairs Office documents published on April 27, 2012 are legally
binding.
· The
Legislative Affairs Commission of the Standing Committee of the National
People’s Congress of the People’s Republic of China periodically publishes
translations into English of The Laws of the People’s Republic of China.
The Legislative Affairs Office of the State Council periodically publishes
translations into English of The Laws and Regulations of the People's Republic
of China Governing Foreign-Related Matters. China is to require all
departments of the State Council to make available in a reasonable time, via a
website or other cost-effective means, translations into English of
trade-related departmental rules.
· The
United States and China support efforts to promote infrastructure investment,
including by increasing commercial investment in infrastructure through
Public-Private Partnerships with domestic and foreign investors, and
incorporating best practices and lessons learned from other countries.
The United States and China recognize the potential value of having their
respective enterprises play a positive role in infrastructure development in
each country and commit to explore opportunities for deepening cooperation in
this area.
· The
United States and Chinese civil aviation authorities commit to enhance
communication and cooperation, to undertake the Federal Aviation
Administration’s shadow evaluation of the Civil Aviation Administration of
China’s airworthiness certification capability of transport category airplanes
that is based on the certification of the ARJ21 airplane, and work toward the
reciprocal recognition of airworthiness certification systems between the
United States and China.
III.
Enhancing Global Cooperation and International
Rules
The United States and China
committed to enhance multilateral cooperation, including under the G-20, Asia
Pacific Economic Cooperation (APEC), and other multilateral frameworks.
The two sides recognized the importance of international rules governing trade
and finance that reflect the evolving global economic system and committed to
take the following concrete steps to deepen their cooperation in this area.
· The
United States and China are committed to promoting economic growth and
prosperity in the Asia-Pacific. Both sides reaffirm their commitment to
work closely with other economies to make China’s APEC host year a
success. Both sides acknowledge the necessity of maintaining close
communication and cooperation to achieve positive and meaningful results at the
2014 APEC Economic Leaders’ Meeting and to advance regional economic
integration; promote innovative development, economic reform, and growth; and
strengthen comprehensive connectivity and infrastructure development.
· The
United States and China commit to continue strengthening their cooperation in
the IMF and G-20, improving the IMF’s quota and governance structure, ensuring
the completion of the 15th general quota review, reaching a final agreement
on a new quota formula, and further enhancing the voice of emerging markets and
developing countries. The United States commits to complete the domestic
approval of the 2010 IMF quota and governance reforms as soon as
possible. The two sides reaffirm the importance of maintaining a strong
and adequately resourced IMF.
· Consistent
with the commitments made by the World Bank’s Governors in Istanbul in 2009,
the United States and China reiterate their support for moving towards
equitable voting power in the World Bank over time. Based on the interim
result achieved by the 2010 voice reform, the two sides support the World Bank
periodically reviewing its shareholding, based on a dynamic formula that
primarily reflects the principles outlined in Istanbul in 2009, and look
forward to the next review of voice in 2015.
· The
United States and China support the World Bank’s reform package addressing
financial sustainability, which is intended to permit a significant increase in
the Bank’s lending capacity without undermining its financial soundness.
Both sides recognize the importance of continued regular reviews of the Bank’s
financial sustainability.
· The
United States and China are committed to strengthening communication and cooperation
in the preparation of the “post-Bali” work-program so as to send a positive
signal to advance Doha Round negotiations.
· The
United States and China welcome the progress that has been made by the
International Working Group on Export Credits (IWG) in negotiating new
international guidelines for official export credit support, including at the
fifth meeting of the IWG in May in Washington, D.C. Based on the progress
made, the United States and China support the IWG actively pursuing and completing
its work on guidelines for the two sectors as soon as possible. The
United States and China reaffirm their shared commitment to develop a set of
new horizontal international guidelines on official export credit support that
promote international trade, and that, taking into account varying national
interests and situations, are consistent with international best practices.
· The
United States and China reaffirm their commitment to undergo fossil fuel
subsidy peer reviews under the G-20 process. The two sides welcome
continued technical communications and discussions among experts from the two
countries to identify the scope of inefficient fossil fuel subsidies that
encourage wasteful consumption. On this basis, the two sides finalized
the peer review terms of reference in July 2014. The two sides are to
update the G-20 in November on the progress to date on the fossil fuel subsidy
peer review. The two sides urge more G-20 countries to commit to peer
reviews at this year’s G-20 Leader’s Summit.
· The
United States and China commit to cooperate on strategic petroleum reserves to
improve their ability to address oil market supply disruptions and improve
their collective energy security. Both countries commit to take part in
information exchanges on policies, management, and technologies. The two
sides welcome the signing of the Memorandum of Understanding regarding such
information exchanges between the U.S. Department of Energy and the National
Energy Administration.
· As
the world’s two largest energy consumers, the United States and China share a
goal of working to ensure that global energy markets are well-supplied and
resilient. China is to accelerate developing the capacity to publish more
complete public energy statistics on a more frequent basis, which brings
benefits to both China and the United States, and enables stronger cooperation
with the Joint Organizations Data Initiative (JODI). This improves energy
data transparency, which helps the functioning of global energy markets and
reduces oil price volatility.
·
The United States and China have each taken important steps to address
air pollution and climate change impacts of conventional coal-fired power
plants. The United States has recently proposed rules that would
significantly limit carbon dioxide emissions from existing power plants and set
high standards for new power plants, and has also ended public financing for
new conventional coal-fired power plants except in the poorest countries.
China has set a target to lower the percentage of coal consumption in total
energy consumption, and set tighter standards on energy efficiency and carbon
emission in new power plants and those in operation nationwide. Building
on these important measures, the United States and China are to share views on
the important role that official financing support policies can play to
accelerate the transition to a global energy economy that is more energy
efficient and less carbon intensive, taking into account relevant factors.
IV.
Fostering Financial Stability and Reform
Both sides recognized the
importance of strong, stable financial systems to achieve sustainable and
balanced growth. Both sides committed to undertake the following measures
to support further reforms and enhance supervision in their respective
financial sectors, promote bilateral cooperation, and enhance cooperation under
the G-20, Financial Stability Board, and other multilateral frameworks, so as
to support global financial stability.
· China
intends to continue the opening-up of the securities and futures sectors, and
to actively study policies concerning the further expansion of the business
scope of newly established securities joint ventures. China is actively
studying further opening up of the banking sector (including equity
participation by foreign investors) and securities sector, based on ongoing
assessment and improvement of the prudential regulatory framework.
· China
welcomes foreign companies to submit applications for approval of new internal
branches under China’s procedures, including the Administrative Measures for
Market Access of Branch Offices of Insurance Companies, and commits to review
and issue decisions on such applications within the timeframes set forth in
such Measures.
· The
United States reconfirms its transparent process for submission and
consideration of requests to establish insurance subsidiaries and branches.
· To
support the safe development of China’s debt and derivatives markets, China
intends to revise as soon as possible relevant laws and regulations to
recognize the enforceability of close-out netting and collateral enforcement
for securities, commodity, and derivatives contracts, and to clarify the rights
of creditors in insolvency, consistent with such recognition. Chinese
companies are allowed, subject to permission or registration requirements, to
write enforceable guarantees on offshore bonds to foreign investors.
· The
United States and China commit to enhance technical cooperation on the
development and regulation of local government bond markets, including issuance
structures, disclosure practices, tax issues and developing a broad investor
base. The two sides welcome the mutual participation of investors and
qualified financial firms from the United States and China in the local
government bond market in accordance with the law and relevant regulations.
· To
support more transparent and resilient market-based funding, the United States
and China commit to an information sharing process on shadow banking risk and
policy measures through the Financial Stability Board (FSB). The two
countries intend to enhance bilateral cooperation and share experiences on the
regulation of money market funds (MMFs) and internet finance in their
respective jurisdictions. The United States and China also commit to
participate in a peer review of national implementation of the FSB’s shadow
banking policy recommendations in 2015.
· China
intends to accelerate the establishment of a deposit insurance system and
improve the market exit mechanism for financial
institutions, including through issuing regulations on bank resolution.
· The
United States applies the Volcker Rule through implementing regulations that,
consistent with statute, addresses concerns about the impact on foreign banking
entities. The United States remains willing to meet with interested
parties, including Chinese entities, to discuss implementation of the Volcker
Rule.
· The
United States and China welcome the implementation of the G-20 commitment to
centrally clear standardized Over-the-Counter (OTC) derivatives, to reduce
systemic risk, improve transparency, and protect against market abuse, and
subsequent international regulatory frameworks and standards. The United
States and China are to accelerate relevant work by providing information
regarding our respective processes and frameworks for making equivalence or
comparability decisions, and to actively consider the establishment of
equivalence or substituted compliance arrangements to assess whether relevant
aspects of each other’s OTC derivative market participants and infrastructures
are regulated in a manner that achieves similar regulatory outcomes, subject to
each of our respective laws, rules, and supervision and enforcement regimes, as
well as core policy objectives.
· On
the Foreign Account Tax Compliance Act, the United States and China welcome
reaching an agreement in substance on an intergovernmental agreement (IGA) to
fight tax evasion. As the two sides have reached the IGA in
substance, the United States commits to treat Chinese financial
institutions as deemed-compliant. The United States and China commit to
continue strengthening communication and cooperation, and sign the IGA by the
end of 2014.
· Both
sides commit to hold discussions on requirements to avoid imposition of U.S.
withholding tax on interest paid on renminbi-denominated bonds issued by U.S.
issuers. In particular, the discussions are to focus on the requirements
of the U.S. Internal Revenue Service’s Qualified Intermediary Program, and the
due diligence and documentation requirements to determine the eligibility of a
payee for the portfolio interest exemption from U.S. withholding.
· The
U.S. and Chinese supervisors commit to discuss broader supervisory frameworks
and practices for multi-regional data processing servicers through their
bilateral banking supervisory conference.
· Both
the United States and China support the objective of one single set of high
quality global accounting standards and reiterate their commitment to
convergence on high quality accounting standards. Both sides commit to
continue their efforts to ensure consistent application of accounting standards
and to strengthen communication and cooperation on accounting.
· The
United States and China continue to enhance cross-border cooperation on audit
oversight of public companies. Based on mutual respect for the national
sovereignty of each country, the two sides have committed to establishing a
cooperation mechanism of audit oversight that is consistent with each other’s
domestic laws and regulations.
· The
United States and China support continued progress in the cooperation between
their competent authorities in the competent authorities’ enforcement
investigations in the securities sector through the use of information-sharing
mechanisms pursuant to existing international cooperation arrangements.
ANNEX:
I. Participants in the Economic Track of the Sixth Strategic
and Economic Dialogue
U.S. Participants
·
Jacob J. Lew, Secretary of the Treasury
·
Penny Pritzker, Secretary of Commerce
·
Ernest Moniz, Secretary of Energy
·
John Podesta, Counselor to the President
·
Michael Froman, U.S. Trade Representative
·
Max Baucus, U.S. Ambassador to China
·
Janet L. Yellen, Chair, Federal Reserve
·
Jason Furman, Chairman, Council of Economic
Advisors
·
John P. Holdren, Director, Office of Science
and Technology Policy
·
Fred P. Hochberg, Chairman and President, U.S.
Export-Import Bank
·
Krysta Harden, Deputy Secretary, Department of
Agriculture
·
Catherine Novelli, Under Secretary, Department
of State
·
Leocadia I. Zak, Director, U.S. Trade and
Development Agency
·
James R. Doty, Chairman, Public Company
Accounting Oversight Board
·
Diane Ellis, Director, Division of Research,
Federal Deposit Insurance Corporation
·
Paul Leder, Director, Office of International
Affairs, Securities and Exchange Commission
·
Warren Gorlick, Associate Director, Commodity
Futures Trading Commission
·
Michael McRaith, Director, Federal Insurance
Office, Department of the Treasury
·
Monica Lindeen, Montana Insurance Commissioner
Chinese Participants
·
Wang Yang, Vice Premier
·
Lou Jiwei, Minister of Finance
·
Wan Gang, Minister of Science and Technology
·
Gao Hucheng, Minister of Commerce
·
Zhou Xiaochuan, Governor of the People’s Bank of China
·
Liu He, Director of the Office of Central Leading Group on Economic and
Financial Affairs
·
Shang Fulin, Chairman of the China Banking Regulatory Commission
·
Xiao Gang, Chairman of the China Securities Regulatory Commission
·
Xiang Junbo, Chairman of the China Insurance Regulatory Commission
·
Zhang Yesui, Executive Vice Minister of Foreign Affairs
·
Wu Xinxiong, Administrator of the National Energy Administration
·
Cui Tiankai, Ambassador to the United States of America
·
Bi Jingquan, Vice Secretary-General of the State Council
·
Hu Zucai, Vice Chairman of the National Development and Reform
Commission
·
Zhu Guangyao, Vice Minister of Finance
·
Niu Dun, Vice Minister of Agriculture
·
Yi Gang, Administrator of the State Administration of Foreign Exchange
·
Huang Shuhe, Vice Chairman of the State Assets Supervision and
Administration Commission
·
Gan Zangchun, Vice Minister, Legislative Affairs Office of the State
Council
·
Li Ruogu, Chairman and President of the Export-import Bank of China
·
Zheng Zeguang, Assistant Minister of Foreign Affairs
II. Institutional
Arrangements
The United States and China
commit to continue to pursue economic cooperation through a range of additional
dialogues and initiatives with the aim of enhancing the bilateral relationship
and strengthening the global economy. These include:
·
Safeguarding the Financial System from Illicit Finance Threats
·
Anti-Counterfeiting Currency Cooperation
· Bilateral Banking Supervisors’ Conference
·
Prudential Insurance Cooperation
· Financial Consumer Protection
·
G-20 Cooperation
·
Cooperation on
Consolidated Export Certificate for Wine Shipped to China between GACC, AQSIQ
and U.S. Department of the Treasury
·
Strengthening the
Exchange of View on Key Regional and Multilateral Trade and Investment Issues
·
Urbanization
·
Cooperation in the
Field of Quality and Safety of Agricultural Products
· Cooperation on Sino-U.S.
Technical Exchange and Cooperation of Trade Statistics
· Ocean-related cooperation
·
Traditional Chinese Medicine Cooperation
·
U.S.-China
Investment Forum
·
Technical
Cooperation on Competition Policy
·
Technical
Cooperation on Intellectual Property Rights
·
Technical
Cooperation on Standards Harmonization
·
Cooperation between
the Department of Labor of the United States of America and the Ministry of
Human Resources and Social Security of China
·
Cooperation between
the Department of Labor of the United States of America and China’s State Administration of Work
Safety
·
Cooperation between
the Department of Labor of the United States of America and China National Coal
Association
·
Joint Liaison Group’s IP Criminal Enforcement Working
Group
·
Cooperation on
Customs Supervision and Enforcement over Cross-Border E-Commerce
·
Cooperation on
Customs Enforcement of Intellectual Property Rights Select Reverse Trade
Mission Program
·
U.S.-China
Transportation Forum
·
Transparency
Dialogue
·
Innovation Dialogue
·
U.S.-China Small and
Medium-sized Enterprises Policy Dialogue
·
Cooperation on Rules
of Origin
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