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May 30, 2018

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US claims on tech transfer rejected

CHINESE Ambassador to the World Trade Organization Zhang Xiangchen rejected the US accusation that China has abused joint venture requirements to achieve technology transfer, saying the United States is one of the main beneficiaries of technology transfer.

Zhang was speaking at a session of the WTO’s Dispute Settlement Body on Monday, in response to the US claims that China’s policies create legal conditions for Chinese economic actors to effectively coerce foreign companies to transfer technology to Chinese firms.

“The transfer of technology from the US companies to China is a normal business. It is done based on mutually agreed terms between the businesses, and such transactions represent the companies’ own will,” said Zhang. “The principles of commercial considerations, contractual freedom and market competition are fully observed in these transactions.”

The Chinese diplomat noted that the US is the largest beneficiary of technology transfer, while China, as a developing country, is one of the main export destinations of US technology.

“The US accusation that China has abused the joint venture requirements, foreign ownership restrictions and administrative discretion to achieve forced technology transfer, is neither based on evidence nor convincing,” he said.

He explained that the US “Section 301” investigations provided no evidence that China’s law stipulated that foreign companies should transfer technology to Chinese partners, nor did it provide evidence on the alleged violation of China’s WTO commitment not to use the transfer of technology as a prerequisite for foreign investment to access its market.

In April, the Trump administration proposed tariffs on a list of Chinese goods worth US$50 billion based on the Section 301 investigation. China has filed a request for consultation within the WTO dispute settlement framework.




 

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