MOFCOM Announcement No.86, 2014 (on Trade Policy Compliance Implementation Measures )(Trial)

In accordance with the State Council's General Office Notice (GuoBanFa [2014] No.29), we have formulated the Measures (Trial) For The Implementation Of Trade Policy Compliance, which are promulgated hereunder.

Contact Unit: Department of WTO Affairs
Address: MOFCOM, No.2 East Chang'an Avenue, Beijing, China
Postal code: 100731
Phone: 8610-85093914/-85093915
Fax: 8610-65197340/-65197310


Ministry of Commerce of China (MOFCOM)
December 12, 2014



Measures (Trial) for the Implementation of Trade Policy Compliance

Article 1. These Measures are formulated and enacted in accordance with State Council Notice on Trade Policies Compliance Enhancement (GuoBanFa [2014] No.29).

Article 2. The trade policies described herein refer to the regulatory rules, normative documents and other policy measures formulated by State Council departments and local governments with respect to or influence over merchandise trade, service trade and trade-related intellectual property rights (IPR), but excluding specific administrative acts over specific administrative objects.

Article 3. The compliance described herein means that the aforesaid trade policies shall be in compliance with the World Trade Organization Agreement and its annexes and follow-up protocols, China's WTO Accession Agreement, and Working Group Report on China's WTO Accession.


Article 4. These Measures are applicable to:

(1) The compliance questions raised by World Trade Organization (WTO) members over China's trade policies;
(2) The compliance questions over the trade policies that are formulated or drafted by State Council departments and local governments

Article 5. The MOFCOM will be responsible for receiving the written opinions from WTO members over the trade policies that are formulated or drafted by State Council departments and/or local governments.

Article 6. The written opinions from WTO members over the compliance questions shall be compliant with the following requirements:
(1) Listing any allegedly incompliant trade policies' titles, contents and issuers;
(2) Listing the specific clauses of WTO rules to which any allegedly incompliant trade policies are contrary;
(3) Giving the specific reasons why any allegedly incompliant trade policies are contrary to any of WTO rules;
(4) Written in simplified Chinese characters

Article 7. The MOFCOM will designate its WTO Affairs Department to the trade policy compliance work and register the written opinions upon acceptance.

Article 8. Where the compliance questions are over the trade policies formulated by State Council departments, the following procedure shall apply:
(1) The MOFCOM will, within 5 workdays upon receipt, preliminarily examine the formal elements of the written opinions from WTO members, and upon its acceptance forward the written documents to relevant State Council departments;
(2) Relevant State Council departments will, within 15 workdays upon receipt, deliver trade policy documents and other materials to the MOFCOM;
(3) Upon receipt from State Council departments, the MOFCOM will, within 30 workdays (extensible where necessary), propose written compliance opinions to the relevant State Council departments.
(4) The MOFCOM will, by working with relevant authorities, make responses/replies to WTO members concerned.

Article 9. Where the compliance questions are over the trade policies formulated by local governments, the following procedure shall apply:
(1) Within 5 workdays upon receipt, the MOFCOM will preliminarily examine the formal elements of the written opinions sent from WTO members, and upon its acceptance forward the written documents to relevant local province-level governments;
(2) Within 20 workdays upon receipt from the MOFCOM, Local province-level governments will deliver trade policy documents and other materials to the MOFCOM;
(3) Upon the receipt from local governments, the MOFCOM will, within 30 workdays (extensible where necessary), propose written compliance opinions to the relevant local governments;
(4) The MOFCOM will, by working with relevant authorities, make responses/replies to WTO members concerned.

Article 10. State Council departments may make compliance assessment for their trade policies and copy their trade policy documents to the MOFCOM.

Article 11. Where State Council departments seek to the MOFCOM for compliance opinions, the MOFCOM may ask them to submit relevant policy drafts and supporting materials and provide its opinions in writing within 7-15 workdays.

Article 12. After the MOFCOM gives its opinions on compliance, if a corresponding trade policy draft is altered to affect the compliance, the trade policy maker should re-consult with the MOFCOM for any opinions.

Article 13. After a trade policy is issued, the policy maker should deliver the trade policy documents (including electronic version) to the MOFCOM in any of the following manners:
(1) Copying to the MOFCOM's Department of WTO Affairs;
(2) Within 3 workdays upon the policy release, directly sending to the MOFCOM's Department of WTO Affairs.

Article 14. As regards trade policy compliance affairs, local governments may consult with the MOFCOM that is responsible for relevant instructions.

Article 15. The MOFCOM is responsible for providing instructive manuals for trade policy compliance.

Article 16. The MOFCOM may build an expert support system for trade policy compliance.

Article 17. The MOFCOM is responsible for building a trade policy compliance working mechanism that contains daily contact, business training, information collection, etc.

Article 18. The right of interpretation of these Measures shall remain with the MOFCOM.

Article 19. These Measures will enter into effect 30 days after their issue.

Annex:
Policy Measures Potential to Affect Trade

1. Policy measures with direct effect on import:
(1) Customs formalities, evaluation and rules of origin;
(2) Tariffs;
(3) Indirect tax on import;
(4) Import ban and license;
(5) State-run trade;
(6) Trade remedy
(7) Standards and other technical requirements;
(8) Import-related financing policies;

2. Policy measures with direct effect on export:
(9) Export duty
(10) Export rebates;
(11) Processing trade tax concession;
(12) Export ban, restriction and license;
(13) State-run trade;
(14) Export-related financing, insurance and guarantee policies;
(15) Promotion and marketing support measures;

3. Other policy measures affecting trade:
(16) Tax preferential policies;
(17) Subsidies and other government supports;
(18) Trade-related industrial policies;
(19) Price control;
(20) Competition policy and consumer protection policy;
(21) Trade-related Intellectual Property Rights policies;
(22) Trade-related investment policies;
(23) Policies concerning service sectors' market access;
(24) Policies concerning service sectors' national treatment;
(25) Other policies affecting trade