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Blog Category: US-China Legal Exchange

The 2010 Joint Commission on Commerce and Trade

On December 14 and 15, Commerce Secretary Locke and U.S. Trade Representative Kirk, together with Chinese Vice Premier Wang Qishan, co-chaired the 21st annual U.S.-China Joint Commission on Commerce and Trade (JCCT) in Washington, DC.  General Counsel Kerry participated in this year’s JCCT, which covered a range of issues and yielded positive results, particularly China’s commitments to enhance its enforcement of intellectual property rights, adopt non-discriminatory government procurement policies, and collaborate with the U.S. in areas of emerging technology such as Smart Grid.  China’s commitments will lead to increased opportunities for U.S. exporters and a more level playing field for U.S. companies operating in China.   

General Counsel Kerry led the U.S. delegation’s work on commercial law cooperation.  In this area, the two sides agreed to continue to promote mutual understanding of commercial legal developments impacting U.S.-China trade.  The primary vehicle for this cooperation is the U.S.-China Legal Exchange, which GC Kerry co-leads.  The United States and China agreed to convene the 2011 Legal Exchange in the United States in cities and on topics to be determined by mutual agreement.  This builds upon the work of GC Kerry, Chinese Deputy International Trade Representative Chong Quan, and Legislative Affairs Office of the State Council Vice-Minister An Jian, who successfully led the 2010 U.S.-China Legal Exchange to Hangzhou (October 18), Wuhan (October 20), and Chengdu (October 22), which focused on U.S. export promotion activities and trade remedies laws and practices. 

Read more about Commerce’s participation here.

US - China Commercial Relationship Policy Conference

Last week the US Department of Commerce jointly sponsored a Policy Conference to discuss the US-China Commercial Relationship with the Jackson School of International Studies at the University of Washington, the Henry Jackson Foundation, and the host of the event, Georgetown University.  The event featured a number of panels composed of experts from all fields discussing the state and future of US-China policy.  The event was bracketed by welcoming remarks from Commerce Secretary Gary Locke and concluding remarks by General Counsel Cameron Kerry.  Kerry also participated on the conference’s final panel in a discussion of the Impact of Developments in China’s Commercial Legal System

During his remarks, General Counsel Kerry spoke about the work of his office and the Department of Commerce in developing commercial rule of law in China.  He said, "With the Rule of law, business can predict and plan their investments, research and development, purchases, and sales with greater certainty.  Without it, they are left to guess about the costs and benefits of any deal."  He discussed the importance of both the US-China Joint Commission on Commerce and Trade (JCCT) and the Strategic and Economic Dialogue (S&ED) in fostering a strong bilateral commercial relationship.  He described the US-China Legal Exchange, a program designed to foster mutual understanding of the legal regimes governing trade and investment that began in 1983. He also spoke of his role as co-lead of the Transparency Dialogue, which has led to greater transparency in Chinese Government decision-making processes, including the promulgation of rules and regulations and dialogue on transnational bribery.  He sees the role of lawyers in both countries as crucial to promoting the rule of law. 

After his panel, General Counsel Kerry concluded the conference by addressing the need for a more sustainable, balanced trade with China.  He noted that the two nations are inextricably linked to each other’s wellbeing and that China must strive to be as free, fair, and open as the United States.  The conference has helped to set the stage for the JCCT, which the US will host in Washington, DC on December 14-15, 2010.

 

Read General Counsel Kerry's remarks here.

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Opening Day of the 2010 US-China Legal Exchange in Hangzhou, China

Alternate TextOn Monday, October 18, 2010, General Counsel Cameron Kerry and Vice Minister Chong Quan opened the 2010 US-China Legal Exchange in Hangzhou, China. The General Counsel and Vice Minister emphasized the importance of a frank and open exchange of ideas; the opening day certainly met that standard.

Courtney Gregoire, Director, National Export Initiative, International Trade Administration, offered a presentation on the Commerce-led National Export Initiative. John McInereny, Chief Counsel, Import Administration and Albert Hsu, Chief Economist, Import Administration, offered several presentations on the procedures and application of US Anti-Dumping and Countervailing Duty (CVD) law. The Chinese delegation offered comments and posed poignant questions.

In addition to an extremely productive Legal Exchange, General Counsel Kerry was warmly welcomed at Zhejiang University where he addressed and interacted with a group of law students and professors.

Tomorrow, the US delegation moves on to Wuhan for the second stop on the Legal Exchange before concluding in Chengdu on Friday, October 22, 2010.

The US-China Legal Exchange is a cooperative program between the Department of Commerce and China's Ministry of Commerce focused on enhancing commercial rule of law and promoting a stronger bilateral commercial relationship conducive to increasing exports