The Government of the United States of America (“United States”) andthe Government of the People’s Republic of China (“China”) have strongoverlapping interests as the world’s two largest economies and the majordrivers of global growth. At present, the United States-China traderelationship is significantly imbalanced. United States investment and the saleof services into China remain severely constrained. China’s industrial policiesnow targeting U.S. technologies and intellectual property pose significanteconomic and security concerns to the United States.
There is an immediate need for the United States and China to reducethe U.S. trade deficit with China by ensuring that China’s market is open toUnited States traders and investors on a fair and non-discriminatory basis.China therefore undertakes to (a) eliminate improper tariff and non-tariffbarriers to United States exports to China, (b) address China’s policies andpractices related to technology transfer and intellectual property, (c) treatUnited States service providers in China on terms equal to those provided toChinese service providers in the United States, and (d) record China’sagreement not to target United States farmers and agricultural products. Toaddress these issues and restore balance in the United States–China traderelationship, there is an immediate need for the United States and China toagree on a set of concrete and verifiable actions.
China commits to work with Chinese importers to engage in tradetransactions to achieve targets to which the Parties agree. These transactionsare specifically designed to reduce the United States-China trade deficit by$100 billion in the twelve (12) months beginning June 1, 2018, and anadditional $100 billion in the twelve (12) months beginning June 1, 2019, suchthat the U.S. trade deficit with China will have decreased compared to 2018 byat least $200 billion by the end of 2020. China’s purchase of U.S. goods willrepresent at least 75% of China’s commitment to a $100 billion increase inpurchases of U.S. exports for the twelve months beginning June 1, 2018, and atleast 50% of China’s commitment to an additional $100 billion increase inpurchases of U.S. exports in the twelve (12) months beginning June 1, 2019.
SECTION 2 .PROTECTION OF AMERICAN TECHNOLOGY AND INTELLECTUALPROPERTY
(第二部分:保护美国技术和知识产权)
In order to address China’s policies, laws, regulations, practices andactions that are harming United States intellectual property rights, innovationand technology development, China commits as follows:
(a) China immediately will cease providing market-distorting subsidiesand other types of government support that can contribute to the creation ormaintenance of excess capacity in the industries targeted by the Made in China2025 industrial plan;
(b) by January 1, 2019, China will eliminate specified policies andpractices with respect to technology transfer;
(c) China will take immediate, verifiable steps to ensure the cessationof Chinese government-conducted, Chinese government-sponsored, and Chinesegovernment-tolerated cyber intrusions into U.S. commercial networks and cyber-enabledtheft targeting intellectual property, trade secrets and confidential businessinformation held by U.S. companies;
(d) China will strengthen specified intellectual property rightsprotection and enforcement;
(e) by January 1, 2019, China will eliminate the provisions of theRegulations on the Administration of the Import and Export of Technologies andthe Regulations on the Implementation of the Law on Chinese-Foreign EquityJoint Ventures identified in the U.S. request for WTO consultations in China –Certain Measures Concerning the Protection of Intellectual Property Rights (DS542);and
(f) by July 1, 2018, China will withdraw its request for WTOconsultations in United States – Tariff Measures on Certain Goods from China (DS543)and will take no further action related to this matter under the WTOUnderstanding on Rules and Procedures Governing the Settlement of Disputes(“DSU”).
In addition, China will not take any retaliatory action, whether in theform of tariffs on imports of U.S. products or in any other form, includingunwarranted sanitary and phytosanitary (“SPS”) measures, unwarranted technicalbarriers to trade (“TBT”) measures, antidumpting and countervailing duties, anddiscriminatory inspection, quarantine and testing practices directed at importsof U.S. agricultural products, in response to actions taken or to be taken bythe United States, including any new U.S. restrictions on investments orimports. China immediately will cease all retaliatory actions currently beingpursued.
China agrees to immediately cease the targeting of American technologyand intellectual property through cyber operations, economic espionage,counterfeiting, and piracy. China also agrees to abide by U.S. export controllaws.
为了纠正中国“伤害”美国知识产权、创新和技术发展的法律、政策、监管、实践和行动,中国需承诺如下:
a) 立即停止扭曲市场的补贴,和其他政府支持,以免“中国制造2025”计划里所提到的行业出现“过度产能”;
b) 截至2019年1月1日前,中国需消除知识产权转移方面的政策和实践;
c) 中国需立即采取措施,停止政府主导、赞助和容忍的对美国商界的“渗透”,和对美国公司网络知识产权、商业秘密和机密商业信息的“盗窃”;
SECTION3 RESTRICTIONS ON INVESTMENT IN SENSITIVE TECHNOLOGY
(第三部分,限制敏感技术投资)
In light of China’s prevailing investment restrictions andstate-directed investment in sensitive U.S. technology sectors, includingindustrial plans such as Made in China 2025, China confirms that it will notoppose, challenge, or otherwise retaliate against the United States’ impositionof restrictions on investments from China in sensitive U.S. technology sectorsor sectors critical to U.S. national security.
China recognizes that China should not distort trade through investmentrestrictions, and that any investment restrictions or conditions imposed byChina must be narrow and transparent. U.S. investors in China must be affordedfair, effective and non-discriminatory market access and treatment, includingremoval of the application of foreign investment restrictions and foreignownership/shareholding requirements. In furtherance of these principles, Chinawill issue an improved nationwide negative list for foreign investment by July1, 2018. Within ninety (90) days of the date on which China issues thisnegative list, the United States will identify existing investment restrictionsthat deny U.S. investors fair, effective and non-discriminatory market accessand treatment. Following receipt of the U.S. list of identified restrictions,China is to act expeditiously to remove all identified investment restrictionson a timetable to be decided by the United States and China.
China’s tariffs and non-tariff barriers are significantly higher thanthose of the United States for most tradable goods. China commits to addressU.S. concerns relating to tariffs and non-tariff barriers as follows:
(a) by July 1, 2020, China will reduce its tariffs on all products innon-critical sectors to levels that are no higher than the levels of the UnitedStates’ corresponding tariffs; and
(b) China will remove specified non-tariff barriers. China alsorecognizes that the United States may impose import restrictions and tariffs onproducts in critical sectors, including sectors identified in the Made in China2025 industrial plan.
SECTION 6 UNITED STATES SERVICES AND SERVICESSUPPLIERS
(美国服务和服务供应商)
In order to achieve fair treatment with respect to U.S. services andservices suppliers, China commits to improve access to its market in specifiedways.
为使美国服务和服务商获得公平对待,中国承诺采取具体措施改善市场准入。
SECTION 7 UNITED STATES AGRICULTURALPRODUCTS
(美国农产品)
In order to achieve fair treatment with respect to U.S. agriculturalproducts, China commits to improve access to its market in specified ways.
为使美国农产品获得公平对待,中国承诺采取具体措施改善市场准入。
SECTION 8 IMPLEMENTATION
(具体实施)
China and the United States will meet quarterly to review progress inmeeting agreed targets and reforms.
中美将每个季度会面一次,检查所达成的目标和改革实施进展
In the event that the United States considers that China fails tocomply with any of China’s commitments in this Framework, including deficittargets, China acknowledges the likelihood that the United States will imposeadditional tariffs or other import restrictions on Chinese products, or on thesupply of services or investment, to such extent as the United States deemsappropriate. China also understands that it will not oppose, challenge or takeany form of action against the United States’ imposition of additional tariffsor restrictions pursuant to this paragraph, including action pursuant to theDSU.
China will withdraw its WTO complaints regarding designations of Chinaas a non-market economy by the United States and European Union (United States– Measures Related to Price Comparison Methodologies (DS515), European Union –Measures Related to Price Comparison Methodologies (DS516)) and will refrainfrom challenging the treatment of China as a non-market economy under the DSUin the future.
Additionally, within 15 days of receiving written notice of aprohibited product that may have been transshipped through one or morecountries, with or without modification, China will provide full details ofevery such shipment to the suspected destination or destinations. If Chinafails to do so, or the information reveals that transshipping is occuring, theUnited States will impose tariffs equal to the amount of suspectedtransshipments.
China understands that if it fails to uphold any commitment under thisFramework for Discussion, it is likely that the United States will imposetariffs on imports from China, and, where appropriate in the case of China’scommitments under subsection (c) of Section 2 or the last paragraph in Section2, U.S. Customs and Border Protection will confiscate counterfeit and piratedgoods or levy tariffs to compensate the United States for its lost technologiesand intellectual property. China commits to not take any retaliatory action inresponse to the imposition of tariffs or confiscations by the United Statespursuant to this Section
中国须理解,如果它未能遵守该框架下的任何承诺,美国都可能会对来自中国的进口征税。美国海关将会没收仿制品、盗版商品和征税,以补偿其技术和知识产权损失。中国承诺,不采取任何报复行动对美国征税、没收等惩罚实施报复。作者: maple200 时间: 2018-5-4 05:55
没有来自美国的4000亿美元顺差,中共能撑几年?作者: willy 时间: 2018-5-4 05:56
无理取闹,如果美方证据确凿那就早该提交世贸组织成员去仲裁,而不是掏出这种洗衣粉类似的狗屁借口实施单方面制裁。如果这样那还要世贸组织干嘛?敢情国际秩序合则用不合则弃?想来硬的那中国一定会让你踢到铁板。美国代表团在华的冷遇就表明中国不想凑合着过作者: ryuton 时间: 2018-5-4 06:12 _無語!!作者: QTCLM326 时间: 2018-5-4 11:27
这是愿望啊,我也愿望银行向我贷款而且不收利息,并且永远不向我讨钱。必须等我没钱花的时候银行得立刻送钱到我手里。最好是美女送过来!不过我要是真得对银行提这样得要求得话,哈哈,下场不是变超人被游街示众就是被送神经病医院!
一个正常得国家都不会提这样得要求的。作者: hotdog99 时间: 2018-5-4 15:27
China has answered Uncle Sam, go and fxxxk yourself