US-China Joint Commission on Commerce and Trade (JCCT)

 

JCCT.  The US-China Joint Commission on Commerce and Trade (JCCT) was established in 1983 as a forum for high-level dialogue on bilateral trade issues and a vehicle for promoting commercial relations.  The JCCT works to resolve problems affecting US companies and serves as an umbrella for trade events and World Trade Organization (WTO) technical assistance programs. The JCCT is co-chaired by US Secretary of Commerce and China=s Minister of Commerce and enjoys strong interagency support on both sides.  The Commission consists of three working groups covering trade and investment issues, business development and industrial cooperation, and commercial law, as well as a side dialogue on export controls.  Cabinet-level plenary sessions typically are held annually, while sub-cabinet sessions and subgroup meetings are more frequent and ongoing.  The Department of Commerce (DOC) consults closely with US industry prior to each session to ensure that companies= most pressing concerns are addressed. Companies are encouraged to express their concerns to relevant DOC JCCT contacts.

 

2004 session of Joint Commission on Commerce and Trade (JCCT) will take place on April 21, 2004. The elevated JCCT will be co-chaired by Secretary of Commerce Donald Evans and US Trade Representative Robert Zoellick on the US side and by Vice Premier Wu Yi on the Chinese side. The JCCT will cover a wide range of U.S.-China economic issues, including Intellectual Property Rights, Trade Expansion Initiatives, and Export Controls.

 

The Trade and Investment Working Group (T&IWG). The T&IWG, co-chaired by the DOC Assistant Secretary for Market Access and Compliance and China=s Ministry of Commerce (MOFCOM) Director General for the Americas, covers issues related to market access, trade finance, and investment and business facilitation. T&IWG also provides an important venue where outstanding commercial dispute cases are reviewed and addressed.

 

The last T&I WG meeting convened at the directorial level in Washington, DC on August 11, 2003. The U.S. side raised a number of issues including establishing further cooperation on standards development and stronger intellectual property rights protection.  The U.S. side also proposed strengthening and reinvigorating the T&I WG mechanism by designating a coordinator on each side, regularizing meetings, and maintaining a direct line of communication between working group meetings.  

 

T&IWG Coordinator: Garth Hekler

Tel: (202) 482-5315

Fax: (202) 482-1576

 

The Business Development and Industrial Cooperation Working Group (BDICWG). The BDICWG, co‑chaired by DOC Assistant Secretary for Trade Development and MOFCOM Director General of the Department of Science and Technology, promotes greater commercial cooperation on an industry sector basis.  Industry sub‑groups in environmental technologies, medical and pharmaceuticals, information industries, aviation and airport infrastructure, electric power technologies, and motor vehicle and allied products provide an ongoing policy forum for sector‑focused discussion of market access and regulatory issues, and commercial cooperation.  US Government agencies such as the EPA, FDA, and the FAA are important partners in supporting sub‑group activities.

 

The BDICWG last convened in Washington in April 2003 to discuss industry sector‑specific issues, review industry subgroup progress, and agree upon new priorities and principles for bilateral cooperation.  The co‑chairs agreed that all subgroups should undertake stronger cooperation on standards as a part of their overall efforts.

 


BDIC Coordinator: Heather Pederson

Tel: (202) 482-1461

Fax: (202) 482-5697

 

Commercial Law Working Group (CLWG).  The CLWG, co‑chaired by the Department of Commerce General Counsel and MOFCOM Director General for Treaty and Law, works to improve commercial relations between the United States and China through discussion of legal issues of mutual interest.  The CLWG has proven a useful forum for seeking reform of China=s commercial law system in areas of concern to US companies.  Through the CLWG there have been successful discussions on measures to enhance the recognition and enforcement of arbitral awards in China and the inequitable application of China=s border trade policy to goods that compete with US products. 

 

The CLWG last convened in April 2002 in Beijing, where the US raised several concerns including lack of transparency in Chinese regulatory practices, problems with the method of promulgation and content of measures regulating foreign law firms issued by China=s Ministry of Justice, and the process of granting marketing approval for generic drugs. 

 

The CLWG also sponsors the US-China Legal Exchange, a series of joint legal seminars that foster mutual understanding of the legal regimes governing trade and investment in both countries.  The seminars offer US audiences the opportunity to learn about the legal reforms taking place in China and provide Chinese participants the chance to learn about US practices.  Under this program, the United States and China send delegations of legal experts to speak on topics of current interest.  Both private sector and government attorneys have been featured at the seminars, which are open to government officials and academicians as well as the local business and legal communities.  In December 2002, Vice Minister of Foreign Trade Long Yongtu led a delegation of Chinese legal experts to the United States to talk about the legal changes necessary for China to implement its WTO accession commitments.  General Counsel Kassinger reciprocated, leading the most recent Legal Exchange delegation to China in November 2003 to discuss both recent developments in corporate governance practices in the United States as well as to discuss a variety of trade remedy measures used to safeguard fair trade between the United States and its trading partners, including China.

 

CLWG Coordinator: Dylan Williams

Tel: (202) 482-0937

Fax: (202) 482-4076

 

Export Controls Dialogue.  The Bureau of Industry and Security (BIS) meets with officials from MOFCOM=s Department of Science and Technology under the Export Controls Side Dialogue of the JCCT.  BIS has generally used the regularized exchange of the JCCT forum to encourage more cooperation from MOFCOM on end-use checks for US strategic goods licensed to China.

 

The Bureau of Industry and Security co-hosted the Sino-U.S. Export Control Outreach Seminar in Shanghai, China with China's Ministry of Commerce on September 17-18, 2003. The conference highlighted basic elements of U.S. and Chinese export controls, regulations, and enforcement and was attended by 275 business and Chinese Government participants. Presenters at the conference consisted of both U.S. and Chinese export control government representatives. Speakers from both governments were able to share their experience and knowledge of export controls with industry attendees.

 

Coordinator: Richard Cupitt

Tel: (202) 482-1459

Fax: (202) 482-2387