Trade and Investment Commitments Made by China in the U.S.-China Strategic and Economic Dialogue (S&ED) (2007-2013)
(Note: For the purposes of our analysis, the “S&ED commitments” include trade and investment commitments China made at the S&ED in 2009 through 2013 and its predecessor, SED, in 2007 and 2008.)

No. S&ED Trade and Investment Commitments Year Issue Area 1 Issue Area 2 Issue Area 3 Deadline (Yes/No)
1 In non-financial services and trade, both sides announced an agreement to expand the existing bilateral aviation agreement which greatly increases the number of flights between the two countries annually, provides for full liberalization for cargo services as of 2011, and both sides agreed to commence negotiations in 2010 on an agreement and timetable for full liberalization of passenger services; a joint declaration to launch Chinese group leisure travel to the United States; a MOU on sovereign guarantee financing cooperation; and the import by China of U.S. railway equipment. 2007 Sector-specific issues (transportation) Other (sovereign guarantee financing cooperation)   Yes
2 Both sides agreed on "Guidelines for U.S.-China High Technology and Strategic Trade Development." 2007 High technology trade     No
3 Both sides will continue to cooperate on transparency in government legislation, and co-host a seminar involving administrative licenses. 2007 Transparency Technical and regulatory barriers to trade   No
4 China will publish revised implementing regulations on international freight forwarding in 2007. 2007 Transparency Technical and regulatory barriers to trade Other (international freight forwarding) Yes
5 In innovation, China's General Administration of Customs, and the U.S. Customs and Border Protection, Department of Homeland Security signed a Memorandum of Cooperation on IPR Enforcement. The United States and China also signed a letter of intent on the establishment of a consultative mechanism in standards and trade-related technical measures and will host a seminar on the critical elements of technical innovation. 2007 Innovation Intellectual property rights Technical and regulatory barriers to trade No
6 [Both sides decided to prioritize work during the next six months in several areas:] Launch agreement consultations to facilitate Chinese group leisure travel to the United States, continue discussions on the possibility of a bilateral investment agreement, and strengthen consultation and cooperation on China's market economy status. 2007 Sector-specific issues (travel and tourism) Investment Trade remedies No
7 The two sides shall seek to clarify misunderstandings and resolve differences to promote the rapid development of civilian high technology and strategic trade. 2007 High technology trade     No
8 China will streamline the application and licensing process for the provision of enterprise annuities including by foreign-invested enterprises by SED III. 2007 Technical and regulatory barriers to trade     Yes
9 [Both sides decided to prioritize work during the next six months in several areas:] Identify new areas of cooperation to strengthen innovation capabilities, as well as deepening cooperation to enhance laws, policies, programs and incentives that encourage innovation. The United States and China will continue to cooperate on transparency in rule-making, inviting representatives from their legislative and judicial organs of government to appropriate future meetings. 2007 Innovation Transparency   No
10 In transparency, the United States and China agree that transparency in administrative rule-making has been increased and public participation has been strengthened. They also agree to respect and build upon their international obligations on transparency, including their APEC and WTO commitments. 2007 Transparency Multilateral issues   No
11 [Each country will:] When possible, publish in advance any measure covered by its WTO obligations that are proposed for adoption, and provide where applicable interested persons a reasonable opportunity to comment on such proposed measures. Each country may comply with this obligation by regularly publishing such proposed measures in its designated official journal or by posting and permanently maintaining these measures on an official website. 2007 Transparency Multilateral issues   No
12 [Each country will:] Publish in its designated official journal any final measure covered by its WTO obligations before implementation or enforcement. 2007 Transparency Multilateral issues   No
13 In innovation, the United States and China co-hosted an Innovation Conference on December 10, 2007 in Beijing. Both sides discussed the factors contributing to a successful ecosystem for innovation, the appropriate roles of the public and private sectors in fostering innovation, and how to encourage the creation, protection and dissemination of intellectual assets. The two sides agreed to sustain dialogue, jointly host public-private innovation discussions, and other cooperation as outlined in the SED III Innovation Conference Outcomes document. 2007 Innovation     No
14 [The two countries will:] Begin a high-level exchange of investment policies, practices, and climates. Intensify ongoing discussions regarding the prospects for negotiating a Bilateral Investment Treaty. 2007 Investment     No
15 [The two countries will:] Continue consultations in a cooperative manner on China achieving market economy status. 2007 Trade remedies     No
16 [The two countries will:] Continue cooperation through the JCCT High Technology and Strategic Trade Working Group by positively implementing "Guidelines for U.S.-China High Technology and Strategic Trade Development" and taking appropriate constructive measures and working out an action plan to expand and facilitate bilateral high-tech and strategic trade. 2007 High technology trade     No
17 Relevant departments of the two sides have agreed to meet or hold a digital video conference (DVC) in the field of rules of origin. 2007 Other (rules of origin)     No
18 [The two countries will:] Explore the scope of respective international obligations on transparency. Continue to exchange information on reviewing and responding to comments received during the rulemaking process. Establish a communication mechanism to exchange information regularly on the conditions, procedures and timeframes for granting administrative licenses in areas of the Chinese market of interest to the United States and areas of the U.S. market to China. 2007 Transparency Multilateral issues Technical and regulatory barriers to trade No
19 The United States and China discussed the challenges of trade in the next decade and actions that should be taken to ensure that our economies remain competitive in an economic environment shaped by globalization. 2008 Open trade principles     No
20 [Both sides] will work together with other WTO members to actively promote the conclusion of Doha Development Agenda negotiations, with the view to facilitating the development of the multilateral trading system. 2008 Multilateral issues     No
21 [Both sides] agreed to intensify cooperation on IPR protection through the IPR Working Group under the JCCT as soon as possible after the close of SED IV and prior to the 19th JCCT. Both sides agree to start the above mentioned cooperation with an introduction of China’s recently published “Outline of National Intellectual Property Rights Strategy” and “Plan for IPR Protection Initiatives in 2008,” and both sides may discuss issues that are not related to the claims of the current WTO dispute settlement. 2008 Intellectual property rights     Yes
22 [Both sides] signed a Joint Declaration on Transportation Cooperation that establishes a forum for both countries to discuss challenges and future cooperation in transportation. 2008 Sector-specific issues (transportation)     No
23 [Both sides] further agreed to hold regular government-to-government meetings of U.S. and Chinese agencies responsible for government policies that relate to innovation, and host a public-private discussion between the fourth SED and fifth SED meetings and agree that there is mutual benefit in exploring cooperation on joint activities in research and development in science and technology. 2008 Innovation     Yes
24 [Both sides] discussed China’s market economy status and the United States recognized the continued progress China has made in its market reforms, will earnestly consider China’s concerns, and will consult through the JCCT in a cooperative manner to work toward China’s Market Economy Status in an expeditious manner. 2008 Trade remedies     No
25 [Both sides] agreed to continue consultation through the JCCT and other channels on trade remedy rules and procedures. 2008 Trade remedies     No
26 [Both sides] will continue to conduct cooperative discussions on high-tech and strategic trade issues in the U.S.-China High Technology Working Group (HTWG) under the JCCT. The United States and China are committed to facilitating civilian high-tech trade as agreed in the “Guidelines for U.S.-China High Technology and Strategic Trade." 2008 High technology trade     No
27 [Both sides] agreed to strengthen cooperation on Rules of Origin, Customs Trade Partnership Against Terrorism (C-TPAT), and the protection of cultural relics. 2008 Other (rules of origin) Other (Customs Trade Partnership Against Terrorism and cultu   No
28 The United States and China recognize the significant steps both countries have taken to enhance transparency. Building upon their SED III transparency commitments, the United States and China agree to publish in advance for public comment, subject to specified exceptions, all trade and economic-related administrative regulations and departmental rules that are proposed for adoption and provide a public comment period of not less than 30 days from the date of publication. China agrees to publish such measures in the Chinese Government Legislative Information Website of the Legislative Affairs Office of the State Council, and the United States agrees to publish such measures in the U.S. Federal Register. The two sides also agreed to continue exchanges on transparency in administrative rule-making and licensing, and to invite representatives from their legislative and judicial organs to appropriate future meetings. 2008 Transparency Technical and regulatory barriers to trade   No
29 In light of the potential for a substantial increase in bilateral investment flows, the United States and China agreed to a number of steps to facilitate mutually beneficial investment between the two countries. To this end, both sides agreed to launch negotiations on a bilateral investment treaty in the interest of facilitating and protecting investment and enhancing transparency and predictability for investors of both countries. 2008 Investment Transparency   No
30 [Both sides] agreed to a framework and work plan for the Investment Forum at their first meeting on June 16. The Forum will focus on practical investor concerns, such as the process of investment reviews and potential investment barriers. 2008 Investment     No
31 [Both sides] agreed to create an Investment Promotion Initiative that features a series of investment activities in both countries that bring together interested parties. 2008 Investment     No
32 In addition, the United States welcomes sovereign wealth fund investment, including from China. China stressed that investment decisions by its state-owned investment firms will be based solely on commercial grounds, and the United States will fully consider any written comments submitted by China on the proposed “Regulations Pertaining to Merger, Acquisitions and Takeovers by Foreign Persons,” and confirms the CFIUS process ensures the consistent and fair treatment of all foreign investment without prejudice to the country of origin. 2008 Investment     No
33 Against the background of deteriorating economic conditions worldwide, the U.S. and China highlighted the importance of and their shared commitment to fighting protectionism and promoting open trade and investment. 2008 Open trade principles     No
34 [Both countries:] Held the second U.S.-China Investment Forum and exchanged views on how to create the conditions that will increase investment between our countries; agreed that Forum discussions were valuable to the bilateral investment relationship and should be continued. 2008 Investment     No
35 [Both countries:] Jointly convened the first meeting of the Transportation Forum and signed a Joint Statement that included a commitment to establish working groups on new technologies in transport, urban congestion, innovative financing, transport of hazardous goods and disaster assistance coordination. These working groups will meet in the upcoming year to assess goals and objectives for the 2nd Transportation Forum. 2008 Sector-specific issues (transportation)     Yes
36 [Both countries:] Conducted a joint Experts Dialogue on rules of origin issues, and agreed to hold another such Dialogue before the next SED to guide future cooperation. 2008 Other (rules of origin)     Yes
37 [Both countries:] Jointly held the second U.S.-China Innovation Conference and will continue innovation cooperation and related initiatives while coordinating with the work of the U.S.-China Joint Commission Meeting on Science and Technology (JCM). 2008 Innovation     No
38 [Both countries:] Held three productive rounds of bilateral investment treaty negotiations. Our shared objective is to achieve an agreement of mutual benefit that facilitates and protects investment and enhances transparency and predictability for investors of both countries. 2008 Investment Transparency   No
39 [Both countries:] Signed a Protocol on Cooperation in the fields of Metrology, Standards and Conformity Assessment. 2008 Technical and regulatory barriers to trade     No
40 The United States and China are among the beneficiaries of and participants in the global trading system. Both countries are committed to work for a more open global trade and investment system and jointly fight protectionism. 2009 Open trade principles     No
41 The United States and China agree to call upon all other WTO members to work together for an ambitious and balanced conclusion to the Doha Development Agenda in 2010, consistent with its mandate, building on the progress already made, including with regard to modalities. 2009 Multilateral issues     Yes
42 Both sides re-affirm that, at a time of economic uncertainty, the ongoing bilateral investment treaty (BIT) negotiations, could contribute to the implementation of G-20 Summit commitments to an open global economy. 2009 Investment Multilateral issues   No
43 To promote trade and investment, China will further decentralize approval authority and streamline approval procedures for foreign investment, including by increasing over time the threshold for central government review. 2009 Investment     No
44 China agrees to commit itself to the implementation of the Generally Accepted Principles and Practices governing Sovereign Wealth Funds. 2009 Investment Multilateral issues   No
45 The United States and China agree to accelerate the implementation of "Guidelines for China-U.S. High Technology and Strategic Trade Development" and expeditiously formulate the Action Plan on Expansion of China-U.S. High Technology and Strategic Trade Cooperation in Priority Sectors. 2009 High technology trade     No
46 The United States and China recognize the importance of non-discriminatory government procurement policies. To that end, the U.S. and China agree to strengthen their cooperation in order to accelerate China's accession to the WTO Government Procurement Agreement (GPA). This will include China's submission, to the WTO Government Procurement Committee before the Committee's October 2009 meeting, of a report that sets out the improvements that China will make in its revised offer. 2009 Government procurement Multilateral issues   Yes
47 Moreover, China commits to treat, under its Government Procurement Law, products produced in China by foreign invested enterprises the same as products produced in China by Chinese enterprises. 2009 Government procurement     No
48 Both sides also recognize the importance of trade financing for accelerating sustainable economic growth and the Export-Import Banks of the two countries will continue cooperation in this area. 2009 Other (trade finance)     No
49 The two countries will strengthen their cooperation on anti-money laundering and countering the financing of terrorism, including counterfeiting. 2009 Other (terrorism financing)     No
50 [The United States and China] are committed to building a more open system of global trade and investment and opposing trade and investment protectionism, recognizing the importance of open trade and investment in fostering economic growth, job creation and innovation in the United States and China. 2010 Open trade principles     No
51 [The United States and China] agree that it is critical to follow WTO rules strictly when initiating trade remedy investigations and imposing trade remedy measures, to prevent their abuse. We will work together to ensure a balanced and ambitious Doha agreement, building on existing work, including with regard to modalities. Consistent with the guidance of the recent stocktaking exercise, the United States and China will negotiate actively in all appropriate fora and configurations. Both of our countries acknowledge the important development objectives of the round. 2010 Multilateral issues Trade remedies   No
52 Based on the SED III Innovation Outcome the United States and China reaffirm that their innovation policies will be consistent with the following principles: non-discrimination; support for market competition and open international trade and investment; strong enforcement of intellectual property rights; and, consistent with WTO rules, leaving the terms and conditions of technology transfer, production processes and other proprietary information to agreement between individual enterprises. 2010 Innovation Multilateral issues   No
53 The United States and China agree to conduct intensive expert and high-level discussions commencing as soon as possible this summer about innovation issues, under the auspices of the Sino-U.S. Joint Commission Meeting on Scientific and Technological Cooperation. These meetings will include all relevant U.S. and Chinese agencies. The United States and China will take into account the results of these discussions, in formulating and implementing their innovation measures. 2010 Innovation     Yes
54 The United States appreciates China's commitment to submit a robust revised Agreement on General Procurement (GPA) offer before the July 2010 meeting of the WTO Government Procurement Committee and expects the revised offer, and welcomes China's issuance for public comment of draft regulations on the determination of "domestic products" under its government procurement law. 2010 Government procurement Multilateral issues   Yes
55 The United States and China commit to adhere to the consensus reached in the first S&ED to take effective measures under the Guidelines for US-China High Technology and Strategic Trade Development to actively implement the Action Plan on Expansion of US-China High Technology and Strategic Trade Cooperation in Priority Sectors, including reviewing by the U.S. government concerns raised by the Chinese government on export control issues. 2010 High technology trade Other (export controls)   No
56 The United States and China reaffirm their commitment to the ongoing bilateral investment treaty (BIT) negotiations. The two sides agree that successful negotiations would support their commitments to an open global economy by facilitating and protecting investment, and enhancing transparency and predictability for investors of both countries. 2010 Investment Transparency   No
57 Both sides are committed to transparent foreign investment regulations. China confirms that in accordance with the State Council notices, China will publish proposed future revisions to the Catalogue Guiding Foreign Investment in Industries on the State Council Legislative Affairs Office's (SCLAO) China Legislative Information Network System to publicly solicit comments for a period of not less than 30 days prior to final publication. 2010 Investment Transparency   No
58 The United States is encouraged by steps that China has taken since S&ED I to streamline its system for approving foreign investments. To build on this progress, China commits to simplify procedures, shorten deadlines, enhance transparency, and reduce approval and verification scope of reviews. 2010 Investment Transparency   No
59 In accordance with its economic situation and consistent with its national industrial adjustment and rejuvenation plans, China will revise its Catalogue Guiding Foreign Investment in Industries, encourage and expand areas that are open to foreign investment in high-end manufacturing, high-tech industries, modern services, new energy, energy saving and environmental protection sectors. 2010 Investment     No
60 China will continue to follow the generally accepted principles and practices of Sovereign Wealth Funds. 2010 Investment Multilateral issues   No
61 The United States acknowledges that many of China's SOEs (state-invested enterprises) have adopted shareholding and corporate governance structures with diversified shareholders, and many of them are listed companies. China continues its efforts to make more and more SOEs market-oriented legal entities. China will continue to reform its SOEs, and promote further investor diversification, including by issuing publicly traded shares and inviting strategic investors, including non-public and foreign investors, to take equity stakes. 2010 Investment Other (state-owned enterprises)   No
62 At the conclusion of the Economic Track, the Export-Import Bank of the United States and the Export-Import Bank of China agreed to establish cooperation mechanisms on trade finance, and noted that they have vigorously implemented their previous commitment to provide trade finance facilities up to $20 billion. In addition, the banks will explore joint and co-financing opportunities, develop initiatives to promote exports by small and medium-size enterprises, and encourage participation and engagement in multilateral forums to promote cooperation and enhanced communication in the area of trade finance. 2010 Other (trade finance) Multilateral issues   No
63 The United States and China commit to strengthen communication to address inspection, quarantine, and quality and safety supervision of U.S. soybean exports to China, with the goal of signing an MOU before S&ED III. 2010 Technical and regulatory barriers to trade Sector-specific issues (agriculture)   Yes
64 The General Administration of Customs of the P.R.C and USTR agreed [to] discuss the results of product-specific case studies conducted on rules of origin issues, and pledge to conduct another joint Experts Dialogue on rules of origin issues before S&ED III. 2010 Other (rules of origin)     Yes
65 The two countries, recognizing the importance of open trade and investment in fostering economic growth, job creation, innovation, and prosperity, re-affirmed their commitment to take further steps to liberalize global trade and investment, and to oppose all forms of trade and investment protectionism. The two sides reaffirmed their commitment to work proactively to resolve bilateral trade and investment disputes in a constructive, cooperative, and mutually beneficial manner. 2011 Open trade principles     No
66 China will take stock of the results of the Special Campaign against IPR Infringement and Fake and Shoddy Products (Special Campaign), and improve on the high-level, long-term mechanism of IPR protection and enforcement, building on the Special Campaign currently in place. China will strengthen the government inspection mechanism so as to make sure that the software being used by the government agencies at all levels is legitimate. China and the United States will strengthen cooperation in the JCCT IPR Working Group on software legalization. 2011 Intellectual property rights Sector-specific issues (software)   No
67 Both sides agree to work through the U.S.-China High Technology Working Group (HTWG) to actively implement the Action Plan for U.S.-China High Technology Trade in Key Sectors Cooperation, hold U.S.-China fora on high-tech trade on a regular basis, and discuss high-tech and strategic trade cooperation through the HTWG. 2011 High technology trade     No
68 China will eliminate all of its government procurement indigenous innovation products catalogues in implementing the consensus achieved during President Hu’s January 2011 visit to not link innovation policies to the provision of government procurement preferences. China will revise Article 9 of the Draft Regulations Implementing the Government Procurement Law to eliminate the requirement to link indigenous innovation products to the provision of government procurement preferences. 2011 Government procurement Innovation Technical and regulatory barriers to trade No
69 The United States and China are cooperating intensively in the High- and Experts-Level Innovation Dialogue to ensure that their innovation policies are consistent with the 2010 S&ED principles of non-discrimination; support for market competition and open international trade and investment; strong enforcement of intellectual property rights; and, consistent with World Trade Organization (WTO) rules, leaving the terms and conditions of technology transfer, production processes and other proprietary information to agreement between individual enterprises. Both sides are committed to continuing the High- and Expert-Level meetings and to implementing the outcomes of those meetings. 2011 Innovation Multilateral issues   No
70 The United States and China will consult through the JCCT in a cooperative manner to work towards China’s Market Economy Status in an expeditious and comprehensive way. 2011 Trade remedies     No
71 China and the United States reaffirm their prior SED outcomes on transparency. The United States welcomes China’s statement that it will issue a measure in 2011, to implement the requirement to publish all proposed trade- and economic-related administrative regulations and departmental rules on the SCLAO website for a public comment period of not less than 30 days from the date of publication, except as specified in China’s Protocol of Accession to the WTO or in public emergency situations. China will steadily increase its solicitation of public opinions on regulatory documents with a direct influence on the rights and obligations of citizens, legal persons, or other organizations. 2011 Transparency Multilateral issues   Yes
72 The United States and China recognize the importance of transparency and fairness in providing export credits. Both parties agree to exchange views on the importance of the export credit system. 2011 Transparency Other (export credits)   No
73 The United States and China share a common concern regarding the difficulties confronting the Doha Development Agenda. We are committed to cooperating constructively, together with other WTO members, to explore productive next steps, in a way that underscores the strengths and the value of the World Trade Organization. 2011 Multilateral issues     No
74 The United States and China agree on the importance of fostering an open, transparent and predictable investment climate. The United States and China affirm that the enforcement policies of their national competition agencies are not to discriminate on the basis of nationality. 2011 Investment Transparency   No
75 The United States and China reaffirm their commitment to the ongoing bilateral investment treaty (BIT) negotiations, recognizing that a successful BIT negotiation would support an open global economy by facilitating and protecting investment, and enhancing transparency and predictability for investors of both countries. 2011 Investment Transparency   No
76 China will continue to follow the generally accepted principles and practices of Sovereign Wealth Funds (SWFs). 2011 Investment Multilateral issues   No
77 The two sides reviewed several case studies and agreed to continue to conduct the Joint Experts Dialogue on rules of origin (ROO) and to further exchange information and views on related laws, regulations, and practices in both countries. 2011 Other (rules of origin)     No
78 The Civil Aviation Authorities of the United States and China will strengthen communication and cooperation in the field of aircraft airworthiness certification, through currently established channels, in order to promote reciprocal acceptance of civil transport category airplanes. 2011 Technical and regulatory barriers to trade Sector-specific issues (transportation)   No
79 The United States and China reaffirmed the importance of fostering open, fair, and transparent investment environments to their domestic economies and to the global economy. Following the conclusion of the United States model bilateral investment treaty (BIT) review in April 2012, the two sides commit to schedule a seventh and subsequent negotiating rounds, and to intensify negotiations. 2012 Investment Transparency   No
80 The two sides are committed to building a more open global trade system and jointly resisting trade protectionism. 2012 Open trade principles     No
81 The United States and China recognize that it is critical to follow WTO rules when initiating trade remedy investigations and imposing trade remedy measures, to prevent their abuse, and commit to refrain from using such measures for purposes other than trade remedies themselves, including to achieve industrial policy objectives. The two sides commit to respect the decisions of the WTO dispute settlement mechanism. Both sides commit to handle anti-dumping and countervailing duty investigations in a fair, objective, and transparent manner. 2012 Trade remedies Multilateral issues Transparency No
82 Both sides commit to further strengthen capacity building in, and resources devoted to, law enforcement against intellectual property rights (IPR) infringement. China is to improve IPR related laws and regulations and study further strengthening of measures for the pursuit of criminal liability for IPR infringement. Both sides commit to continue enforcement efforts in IPR border protection to reduce cross-border trade in IPR-infringing goods. The United States and China commit to create an environment for their respective markets, whereby the level of sales of legitimate IP-intensive products and services increases, reflecting economic growth and in line with the two countries’ status as globally significant producers and consumers. 2012 Intellectual property rights     No
83 The United States appreciates that China is continuing efforts to require the use of legitimate software by government agencies. China has incorporated the software assets into the government assets management system, and reflects the expenditures on information network and software procurement and updates in the budget accounts, and, building on the initial priority enterprises pilot project, is to extend its legalization efforts in the enterprise sector. 2012 Government procurement Intellectual property rights Sector-specific issues (software) No
84 The United States and China commit to intensive, on-going discussions, including all relevant agencies, of the implementation of China's February 2012 commitment that technology transfer and technology cooperation is to be decided by businesses independently and not be used by the Chinese government as a pre-condition for market access. 2012 Innovation     No
85 The United States and China affirm that the protection of trade secrets is an important part of the protection of intellectual property rights, and are to intensify enforcement against trade secret misappropriation. China affirms that enforcement against trade secret misappropriation is to be included in the 2012 Annual Work Plan of the State Council Leading Group on Intellectual Property Enforcement. 2012 Intellectual property rights     Yes
86 Both sides are to take efforts to create a favorable environment to facilitate and expand bilateral civilian high-tech trade. The United States and China are to take these steps through the China-U.S. High-Technology and Strategic Trade Working Group. The United States and China are to hold the China-U.S. High-Tech Trade Seminar in China soon, to discuss measures facilitating high-tech and strategic trade. 2012 High technology trade     No
87 China commits to submit a new comprehensive revised offer, that responds to the request of the GPA parties, to the WTO Committee on Government Procurement before the committee’s final meeting in 2012. China is fully aware of the importance of specifying the definition of domestic goods in a flexible manner. 2012 Government procurement Multilateral issues   Yes
88 In revising the Implementation Regulations for the Government Procurement Law and the Administrative Measures for the Government Procurement of Domestic Products, China is to accommodate to the maximum extent possible the opinions and suggestions of relevant parties, including the United States, and enhance the operability and transparency of those regulations. Consistent with the Legislative Plan of the State Council and government procurement working plan of the Ministry of Finance for 2012, China is to issue the Implementation Regulations for the Government Procurement Law and the final Administrative Measures for the Government Procurement of Domestic Products as soon as possible. 2012 Government procurement Transparency Technical and regulatory barriers to trade No
89 The United States and China are committed to continuing to discuss concerns with and concepts used in their respective foreign investment reviews, including through the U.S.-China Investment Forum. 2012 Investment     No
90 China commits to provide fair treatment to foreign investors in China. China is to focus its security review over mergers and acquisitions (M&A) by foreign capital solely on national security concerns and adhere to specific timelines and review standards. China is to continue to simplify its foreign investment approval system and enhance transparency on a step-by-step basis. During the 12th Five Year Plan period, China is to implement a more proactive opening-up strategy and expand the areas open to foreign investment and the degree of openness. 2012 Investment Transparency   Yes
91 The United States and China recognize the potential for their firms to play a positive role in infrastructure financing in each country, and commit to explore opportunities for deepening cooperation in this field. 2012 Other (infrastructure financing)     No
92 The Chinese Government commits to developing a market environment of fair competition for enterprises of all kinds of ownership and to providing non-discriminatory treatment for enterprises of all kinds of ownership in terms of credit provision, taxation incentives, and regulatory policies. 2012 Other (state-owned enterprises)     No
93 China reaffirms its commitment to follow the generally accepted principles and practices of Sovereign Wealth Funds (SWFs). 2012 Investment Multilateral issues   No
94 The second U.S.-China Initiative on City-level Economic Cooperation is to be held on June 20-21 in Nanjing, China. 2012 Other (city-level economic cooperation)     Yes
95 The Civil Aviation Authorities of the United States and China commit to continue to strengthen communication and cooperation in the field of aircraft airworthiness certification, through currently established channels, in order to achieve reciprocal acceptance of civil transport category airplanes, at the appropriate time, as determined by the ongoing technical evaluation. 2012 Technical and regulatory barriers to trade Sector-specific issues (transportation)   No
96 The United States and China emphasized the importance of fostering an open and fair trade and investment relationship, 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 commit to take the following measures to enhance our bilateral trade and investment relationship, to support an open and fair environment, and create greater opportunities for U.S. and Chinese companies and workers. 2013 Open trade principles     No
97 The United States and China recognize that a Bilateral Investment Treaty (BIT) that sets high standards, including openness, non-discrimination, and transparency, would be important to both sides, and welcome the progress made in the BIT negotiations to date. The two sides reaffirm their shared commitment to enhance openness, accord fair and equitable treatment, and contribute to the reduction or elimination of discriminatory practices and market barriers. After nine rounds of technical discussions, China is to enter into substantive BIT negotiations with the United States. The BIT will provide national treatment at all phases of investment, including market access (“pre-establishment”), and be negotiated under a “negative list” approach. 2013 Investment Transparency   No
98 Recognizing the importance of trade secret protection to maintaining fair competition and to the development of an innovative economy, the United States and China commit to provide vigorous protection and enforcement of trade secrets, and to strengthen procedures and remedies according to law. The United States and China also commit to strengthen cooperation and exchange of information, including relevant enforcement data, through the JCCT. 2013 Intellectual property rights     No
99 Both sides reaffirm to work through the U.S.-China High Technology Working Group (HTWG) to discuss export control issues. 2013 High technology trade Other (export controls)   No
100 China is to further promote the use of legal software by SOEs, including by strengthening supervision of central SOEs and large state-owned financial institutions by establishing software asset management systems (SAM); enforcing China’s requirement to purchase and use legitimate software by these SOEs; providing budget guarantees for software and promoting centralized procurement. The United States and China are to strengthen cooperation to address technical implementation issues, in order to consolidate the software legalization achievements. 2013 Intellectual property rights Sector-specific issues (software)   No
101 The United States and China commit to continuing to consult through the appropriate JCCT working group in a cooperative manner to work toward China’s Market Economy Country Status in an expeditious and comprehensive way. 2013 Trade remedies     No
102 China is to establish a policy review mechanism, under which the U.S. Trade Representative and Department of Commerce may convey at any time to the Chinese Ministry of Commerce (MOFCOM) any regulations, rules, and regulatory documents, at the central and local governments, that contain language that the United States believes is inconsistent with China’s multilateral or bilateral commitments. MOFCOM is to engage with the relevant Chinese agencies to investigate and make any corrections, if necessary. 2013 Technical and regulatory barriers to trade Multilateral issues   No
103 China affirms that the National Leading Group on Combating IPR Infringement and the Manufacture and Sales of Counterfeit and Substandard Goods is to take effective measures to push forward improvements of legislation, improve cross-regional and inter-agency enforcement cooperative mechanisms, and strengthen actions to fight counterfeiting and piracy. The United States and China affirm, with a particular focus on combating Internet piracy, to crack down on all kinds of illegal activities of infringement and counterfeiting, foster a better environment for the increased sales of legitimate IP intensive products and services, including software, and jointly study and exchange information on how to accomplish this objective. 2013 Intellectual property rights Sector-specific issues (software)   No
104 The United States and China commit to discuss issues concerning China raised in the Consolidated and Further Continuing Appropriation Act, 2013. 2013 Other (U.S. legislation)     No
105 China is to submit a new revised offer to the WTO Government Procurement Committee by the end of 2013, which responds to U.S. and other GPA parties’ requests including lowering thresholds, increasing coverage of sub-central entities, and improvements in other areas. China is to submit a new revised GPA offer with broader coverage as soon as possible, based on the domestic reform progresses in relevant areas, which will take the requests of the GPA parties into consideration. The United States and China is [sic] to exchange lists of questions on both countries’ procurement systems and the requirements of the GPA that will form the basis for on-going technical discussions beginning this summer. 2013 Government procurement Multilateral issues   Yes
106 China reaffirmed its commitment made in S&ED IV to implement a more proactive opening up strategy for foreign investment. China is now actively studying measures on further proactively opening up of services sectors, including establishing the Shanghai Free Trade Zone pilot, which is to implement a new foreign capital administrative model on a trial basis, and create a market environment that provides equal access for all types of enterprises, domestic and foreign. In addition, China is actively considering to further open up more areas including e-commerce and commercial factoring. 2013 Investment     No
107 China is to actively promote reform of its administrative review and approval system, transform government functions, and reduce micro-affair management. China is to gradually decrease and decentralize its foreign investment reviews and approvals as an important part of the reform. China is to minimize the scope for such reviews and approvals, promote independent investment decision making by enterprises and individuals, and further improve the level of investment facilitation. 2013 Investment     No
108 The United States and China are to explore common interests in multilateral and regional contexts, including the WTO and the Asia-Pacific Economic Cooperation (APEC), and continue strengthened information exchange on issues in the WTO and on the process of FTA development. 2013 Multilateral issues     No
109 The United States and China commit to administer anti-dumping and countervailing duty investigations in a fair, objective and transparent manner. Both sides recognize that it is critical to follow WTO rules when undertaking trade remedy investigations or imposing trade remedy measures, to prevent their abuse. 2013 Trade remedies Transparency Multilateral issues No
110 The United States and China commit to resume and continue regular meetings at the vice minister and working levels beginning no later than mid-December 2013 and preparatory working level engagement a month in advance, to promote transparency by identifying ways to enhance predictability for market participants and promote confidence in our economies. 2013 Transparency     Yes
111 The United States and China confirm that all administrative licensing regimes at the central and sub-central government levels are to be based on applicable laws, regulations, and rules, and that all such measures establishing administrative licensing regimes are to be publicly available. 2013 Technical and regulatory barriers to trade     No
112 China reaffirms its commitment to follow the generally accepted principles and practices of Sovereign Wealth Funds. 2013 Investment Multilateral issues   No
113 The United States and China recognize the potential for their firms to play a positive role in infrastructure financing in each country, and commit to explore opportunities for deepening cooperation, including through the U.S.-China Investment Forum. To that end, the United States and China commit to continue to utilize the U.S.-China Investment Forum as a platform to strengthen communication and exchanges between U.S. and Chinese investment policy makers. 2013 Other (infrastructure financing) Investment   No
114 The United States and China are committed to supporting and facilitating sub-national cooperation at the city and local levels. Such cooperation between the two countries at the sub-national level can lead to mutually beneficial trade and investment opportunities. Building on the two successful U.S.-China Conferences on City-Level Economic Cooperation, The United States and China commit to support continued engagement that promotes investment cooperation between cities and enterprises of the two countries, including holding a 3rd U.S.-China Conference of City-Level Economic Cooperation as soon as possible, preferably this year. 2013 Other (city-level and sub-national cooperation) Investment   Yes