这是第一阶段的中美贸易协议，英文全文，供参考

ECONOMIC AND TRADE AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA

PREAMBLE

The Government of the People’s Republic of China and the Government of the United States of America (collectively the “Parties”),

RECOGNIZING the importance of their bilateral economic and trade relationship;

REALIZING that it is in the interests of both countries that trade grow and that there is adherence to international norms so as to promote market-based outcomes;

CONVINCED of the benefits of contributing to the harmonious development and expansion of world trade and providing a catalyst to broader international cooperation;

ACKNOWLEDGING the existing trade and investment concerns that have been identified by the Parties; and

RECOGNIZING the desirability of resolving existing and any future trade and investment concerns as constructively and expeditiously as possible,

HAVE AGREED as follows:

CHAPTER 1 INTELLECTUAL PROPERTY

Section A: General Obligations

The United States recognizes the importance of intellectual property protection. China recognizes the importance of establishing and implementing a comprehensive legal system of intellectual property protection and enforcement as it transforms from a major intellectual property consumer to a major intellectual property producer. China believes that enhancing intellectual property protection and enforcement is in the interest of building an innovative country, growing innovation-driven enterprises, and promoting high quality economic growth.

Article 1.1:

China and the United States hereby affirm that they undertake provisions with respect to intellectual property, as set forth in Sections A through K.

Article 1.2:

The Parties shall ensure fair, adequate, and effective protection and enforcement of intellectual property rights. Each Party shall ensure fair and equitable market access to persons of the other Party that rely upon intellectual property protection.

Section B: Trade Secrets and Confidential Business Information

The United States emphasizes trade secret protection. China regards trade secret protection as a core element of optimizing the business environment. The Parties agree to ensure effective protection for trade secrets and confidential business information and effective enforcement against the misappropriation of such information.¹

Article 1.3: Scope of Actors Liable for Trade Secret Misappropriation

1. The Parties shall ensure that all natural or legal persons can be subject to liability for trade secret misappropriation.

1 The Parties agree that the term “confidential business information” concerns or relates to the trade secrets, processes, operations, style of works, or apparatus, or to the production, business transactions, or logistics, customer information, inventories, or amount or source of any income, profits, losses, or expenditures of any person, natural or legal, or other information of commercial value, the disclosure of which is likely to have the effect of causing substantial harm to the competitive position of such person from which the information was obtained.

2. China shall define “operators” in trade secret misappropriation to include all natural persons, groups of persons, and legal persons.

3. The United States affirms that existing U.S. measures afford treatment equivalent to that provided for in this Article.

Article 1.4: Scope of Prohibited Acts Constituting Trade Secret Misappropriation

1. The Parties shall ensure that the scope of prohibited acts subject to liability for trade secret misappropriation provides full coverage for methods of trade secret theft.

2. China shall enumerate additional acts constituting trade secret misappropriation, especially:

(a) electronic intrusions;

(b) breach or inducement of a breach of duty not to disclose information that is secret or intended to be kept secret; and

(c) unauthorized disclosure or use that occurs after the acquisition of a trade secret under circumstances giving rise to a duty to protect the trade secret from disclosure or to limit the use of the trade secret.

3. China and the United States agree to strengthen cooperation on trade secret protection.

4. The United States affirms that existing U.S. measures afford treatment equivalent to that provided for in this Article.

Article 1.5: Burden-Shifting in a Civil Proceeding

1. The Parties shall provide that the burden of production of evidence or burden of proof, as appropriate, shifts to the accused party in a civil judicial proceeding for trade secret

misappropriation where the holder of a trade secret has produced prima facie evidence, including circumstantial evidence, of a reasonable indication of trade secret misappropriation by the accused party.

2. China shall provide that:

(a) the burden of proof or burden of production of evidence, as appropriate, shifts to the accused party to show that it did not misappropriate a trade secret once a holder of a trade secret produces:

(i) evidence that the accused party had access or opportunity to obtain a trade secret and the information used by the accused party is materially the same as that trade secret;

(ii) evidence that a trade secret has been or risks being disclosed or used by the accused party; or

(iii) other evidence that its trade secret(s) were misappropriated by the accused party; and

(b) under the circumstance that the right holder provides preliminary evidence that measures were taken to keep the claimed trade secret confidential, the burden of proof or burden of production of evidence, as appropriate, shifts to the accused party to show that a trade secret identified by a holder is generally known among persons within the circles that normally deal with the kind of information in question or is readily accessible, and therefore is not a trade secret.

3. The United States affirms that existing U.S. measures afford treatment equivalent to that provided for in this Article.

Article 1.6: Provisional Measures to Prevent the Use of Trade Secrets

1. The Parties shall provide for prompt and effective provisional measures to prevent the use of misappropriated trade secrets.

2. China shall identify the use or attempted use of claimed trade secret information as an “urgent situation” that provides its judicial authorities the authority to order the grant of a preliminary injunction based on the specific facts and circumstances of a case.

3. The United States affirms that existing U.S. measures afford treatment equivalent to that provided for in this Article.

Article 1.7: Threshold for Initiating Criminal Enforcement

1. The Parties shall eliminate any requirement that the holder of a trade secret establish actual losses as a prerequisite to initiation of a criminal investigation for misappropriation of a trade secret.

2. China shall:

(a) as an interim step, clarify that “great loss” as a threshold for criminal enforcement under the trade secret provision in the relevant law can be fully shown by remedial costs, such as those incurred to mitigate damage to business operations or planning or to re-secure computer or other systems, and substantially lower all the thresholds for initiating criminal enforcement; and

(b) as a subsequent step, eliminate in all applicable measures any requirement that the holder of a trade secret establish actual losses as a prerequisite to initiation of a criminal investigation for misappropriation of a trade secret.

Article 1.8: Criminal Procedures and Penalties

1. The Parties shall provide for the application of criminal procedures and penalties to address willful trade secret misappropriation.

2. China’s criminal procedures and penalties shall at least encompass cases of trade secret misappropriation through theft, fraud, physical or electronic intrusion for an unlawful

purpose, and the unauthorized or improper use of a computer system in the scope of prohibited acts.

3. The United States affirms that existing U.S. measures afford treatment equivalent to that provided for in this Article.

Article 1.9: Protecting Trade Secrets and Confidential Business Information from Unauthorized Disclosure by Government Authorities

1. To further strengthen the protection of trade secrets, as well as better encourage

various enterprises to innovate, China shall prohibit the unauthorized disclosure of undisclosed information, trade secrets, or confidential business information by government personnel or third party experts or advisors in any criminal, civil, administrative, or regulatory proceedings conducted at either the central or sub-central levels of government in which such information is submitted.

2. China shall require administrative agencies and other authorities at all levels to:

(a) limit requests for information to no more than necessary for the legitimate exercise of investigative or regulatory authority;

(b) limit access to submitted information to only government personnel necessary for the exercise of legitimate investigative or regulatory functions;

(c) ensure the security and protection of submitted information;

(d) ensure that no third party experts or advisors who compete with the submitter of the information or have any actual or likely financial interest in the result of the investigative or regulatory process have access to such information;

(e) establish a process for persons seeking an exemption from disclosure and a mechanism for challenging disclosures to third parties; and

(f) provide criminal, civil, and administrative penalties, including monetary fines, the suspension or termination of employment, and, as part of the final measures amending the relevant laws, imprisonment, for the unauthorized disclosure of a trade secret or confidential business information that shall deter such unauthorized disclosure.

3. The United States affirms that existing U.S. measures afford treatment equivalent to that provided for in this Article.

Section C: Pharmaceutical-Related Intellectual Property

Pharmaceuticals are a matter concerning people’s life and health, and there continues to be a need for finding new treatments and cures, such as for cancer, diabetes, hypertension, and stroke, among others. To promote innovation and cooperation in the pharmaceutical sector and to better meet the needs of patients, the Parties shall provide for effective protection and enforcement of pharmaceutical-related intellectual property rights, including patents and undisclosed test or other data submitted as a condition of marketing approval.

Article 1.10: Consideration of Supplemental Data

1. China shall permit pharmaceutical patent applicants to rely on supplemental data to satisfy relevant requirements for patentability, including sufficiency of disclosure and inventive step, during patent examination proceedings, patent review proceedings, and judicial proceedings.

2. The United States affirms that existing U.S. measures afford treatment equivalent to that provided for in this Article.

Article 1.11: Effective Mechanism for Early Resolution of Patent Disputes

1. If China permits, as a condition of approving the marketing of a pharmaceutical product, including a biologic, persons, other than the person originally submitting the safety and efficacy information, to rely on evidence or information concerning the safety and efficacy of a product that was previously approved, such as evidence of prior marketing approval by China or in another territory, China shall provide:

(a) a system to provide notice to a patent holder, licensee, or holder of marketing approval, that such other person is seeking to market that product during the term of an applicable patent claiming the approved product or its approved method of use;

(b) adequate time and opportunity for such a patent holder to seek, prior to the marketing of an allegedly infringing product, available remedies in subparagraph (c); and

(c) procedures for judicial or administrative proceedings and expeditious remedies, such as preliminary injunctions or equivalent effective provisional measures, for the timely resolution of disputes concerning the validity or infringement of an applicable patent claiming an approved pharmaceutical product or its approved method of use.

2. China shall establish a nationwide system for pharmaceutical products consistent with paragraph 1, including by providing a cause of action to allow the patent holder, licensee, or holder of marketing approval to seek, prior to the marketing approval of an allegedly infringing product, civil judicial proceedings and expeditious remedies for the resolution of disputes concerning the validity or infringement of an applicable patent. China may also provide for administrative proceedings for the resolution of such disputes.

3. The United States affirms that existing U.S. measures afford treatment equivalent to that provided for in this Article.

Section D: Patents Article 1.12: Effective Patent Term Extension

1. The Parties shall provide patent term extensions to compensate for unreasonable delays that occur in granting the patent or during pharmaceutical product marketing approvals.

2. China shall provide that:

(a) China, at the request of the patent owner, shall extend the term of a patent to compensate for unreasonable delays, not attributable to the applicant, that occur in granting the patent. For purposes of this provision, an unreasonable delay shall at least include a delay in the issuance of the patent of more than four years from the date of filing of the application in China, or three years after a request for examination of the application, whichever is later.

(b) With respect to patents covering a new pharmaceutical product that is approved for marketing in China and methods of making or using a new pharmaceutical product that is approved for marketing in China, China, at the request of the patent owner, shall make available an adjustment of the patent term or the term of the patent rights of a patent covering a new product, its approved method of use, or a method of making the product to compensate the patent owner for unreasonable curtailment of the effective patent term as a result of the marketing approval process related to the first commercial use of that product in China. Any such adjustment shall confer all of the exclusive rights, subject to the same limitations and exceptions, of the patent claims of the product, its method of use, or its method of manufacture in the originally issued patent as applicable to the approved product and the approved method of use of the product. China may limit such adjustments to no more than five years and may limit the resulting effective patent term to no more than 14 years from the date of marketing approval in China.

3. The United States affirms that existing U.S. measures afford treatment equivalent to that provided for in this Article.

Section E: Piracy and Counterfeiting on E-Commerce Platforms

In order to promote the development of e-commerce, China and the United States shall strengthen cooperation and jointly and individually combat infringement and counterfeiting in the e-commerce market. The Parties shall reduce piracy and counterfeiting, including by reducing barriers, if any, to making legitimate content available in a timely manner to consumers and eligible for copyright protection, and providing effective enforcement against e-commerce platforms.

Article 1.13: Combating Online Infringement

1. China shall provide enforcement procedures that permit effective and expeditious action by right holders against infringement that occurs in the online environment, including an effective notice and takedown system to address infringement.

2. China shall:

(a) require expeditious takedowns;

(b) eliminate liability for erroneous takedown notices submitted in good faith;

(c) extend to 20 working days the deadline for right holders to file a judicial or administrative complaint after receipt of a counter-notification; and

(d) ensure validity of takedown notices and counter-notifications, by requiring relevant information for notices and counter-notifications and penalizing notices and counter-notifications submitted in bad faith.

3. The United States affirms that existing U.S. enforcement procedures permit action by right holders for infringement that occurs in the online environment.

4. The Parties agree to further cooperate, as appropriate, to combat infringement.

Article 1.14: Infringement on Major E-Commerce Platforms

1. The Parties shall combat the prevalence of counterfeit or pirated goods on e-commerce platforms by taking effective action with respect to major e-commerce platforms that fail to take necessary measures against the infringement of intellectual property rights.

2. China shall provide that e-commerce platforms may have their operating licenses revoked for repeated failures to curb the sale of counterfeit or pirated goods.

3. The United States affirms that it is studying additional means to combat the sale of counterfeit or pirated goods.

Section F: Geographical Indications

The Parties shall ensure full transparency and procedural fairness with respect to the protection of geographical indications, including safeguards for generic² terms (also known as common names), respect for prior trademark rights, and clear procedures to allow for opposition and cancellation, as well as fair market access for exports of a Party relying on trademarks or the use of generic terms.

Article 1.15: Geographical Indications and International Agreements

1. China shall ensure that any measures taken in connection with pending or future requests from any other trading partner for recognition or protection of a geographical indication pursuant to an international agreement do not undermine market access for U.S. exports to China of goods and services using trademarks and generic terms.

2. China shall give its trading partners, including the United States, necessary opportunities to raise disagreement about enumerated geographical indications in lists, annexes, appendices, or side letters, in any such agreement with another trading partner.

3. The United States affirms that existing U.S. measures afford treatment equivalent to that provided for in this Article.

Article 1.16: General Market Access-related GI Concerns

1. China shall ensure that:

(a) competent authorities, when determining whether a term is generic in China, take into account how consumers understand the term in China, including as indicated by the following:

(i) competent sources such as dictionaries, newspapers, and relevant websites;

(ii) how the good referenced by the term is marketed and used in trade in China;

(iii) whether the term is used, as appropriate, in relevant standards to refer to a type or class of goods in China, such as pursuant to a standard promulgated by the Codex Alimentarius; and

(iv) whether the good in question is imported into China, in significant quantities, from a place other than the territory identified in the application or petition, and in a way that will not mislead the public about its place of origin, and whether those imported goods are named by the term, and

（2 The term “generic” may be deemed by a Party to be synonymous with “a term customary in the common language as the common name for the associated good.”）

(b) any geographical indication, whether granted or recognized pursuant to an international agreement or otherwise, may become generic over time, and may be subject to cancellation on that basis.

2. The United States affirms that existing U.S. measures afford treatment equivalent to that provided for in this Article.

Article 1.17: Multi-Component Terms

1. Each Party shall ensure that an individual component of a multi-component term that is protected as a geographical indication in the territory of a Party shall not be protected in that Party if that individual component is generic.

2. When China provides geographical indication protection to a multi-component term, it shall publicly identify which individual components, if any, are not protected.

3. The United States affirms that existing U.S. measures afford treatment equivalent to that provided for in this Article.

Section G: Manufacture and Export of Pirated and Counterfeit Goods

Pirated and counterfeit goods severely undermine the interests of the general public and harm right holders in both China and the United States. The Parties shall take sustained and effective action to stop the manufacture and to block the distribution of pirated and counterfeit products, including those with a significant impact on public health or personal safety.

Article 1.18: Counterfeit Medicines

1. The Parties shall take effective and expeditious enforcement action against counterfeit pharmaceutical and related products containing active pharmaceutical ingredients, bulk chemicals, or biological substances.

2. Measures China shall take include:

(a) taking effective and expeditious enforcement action against the related products of counterfeit medicines and biologics, including active pharmaceutical ingredients, bulk chemicals, and biological substances;

(b) sharing with the United States the registration information of pharmaceutical raw material sites that have been inspected by Chinese regulatory authorities and that comply with the requirements of Chinese laws and regulations, as well as any necessary information of relevant enforcement inspections; and

(c) publishing online annually, beginning within six months after the date of entry into force of this Agreement, the data on enforcement measures, including seizures,

revocations of business licenses, fines, and other actions taken by the National Medical Products Administration, Ministry of Industry and Information Technology, or any successor entity.

3. The United States affirms that existing U.S. measures afford effective and expeditious action against counterfeit pharmaceutical and related products.

Article 1.19: Counterfeit Goods with Health and Safety Risks

1. The Parties shall ensure sustained and effective action to stop the manufacture and distribution of counterfeit products with a significant impact on public health or personal safety.

2. Measures China shall take include significantly increasing the number of enforcement actions within three months after the date of entry into force of this Agreement, and publishing data online on the measurable impact of these actions each quarter, beginning within four months after the date of entry into force of this Agreement.

3. The Parties shall endeavor, as appropriate, to strengthen cooperation to combat counterfeit goods that pose health and safety risks.

Article 1.20: Destruction of Counterfeit Goods

1. With respect to border measures, the Parties shall provide that:

(a) goods that have been suspended from release by its customs authorities on grounds that they are counterfeit or pirated, and that have been seized and forfeited as pirated or counterfeit, shall be destroyed, except in exceptional circumstances;

(b) the simple removal of a counterfeit trademark unlawfully affixed shall not be sufficient to permit the release of the goods into the channels of commerce; and

(c) in no event shall the competent authorities have discretion, except in exceptional circumstances, to permit the exportation of counterfeit or pirated goods or to subject such goods to other customs procedures.

2. With respect to civil judicial procedures, the Parties shall provide that:

(a) at the right holder’s request, goods that have been found to be pirated or counterfeit shall be destroyed, except in exceptional circumstances;

(b) at the right holder’s request, its judicial authorities shall order that materials and implements that have been predominantly used in the manufacture or creation of such pirated or counterfeit goods be, without compensation of any sort, promptly destroyed or, in exceptional circumstances and without compensation of any sort, disposed of outside the channels of commerce in such a manner as to minimize the risks of further infringements;

(c) the simple removal of a counterfeit trademark unlawfully affixed shall not be sufficient to permit the release of goods into the channels of commerce; and

(d) at the right holder’s request, its judicial authorities shall order a counterfeiter to pay right holders the profits from infringement or damages adequate to compensate for the injury from the infringement.

3. With respect to criminal procedures, the Parties shall provide that:

(a) its judicial authorities, except in exceptional cases, shall order the forfeiture and destruction of all counterfeit or pirated goods and any articles consisting of a counterfeit mark to be affixed to goods;

(b) its judicial authorities, except in exceptional cases, shall order the forfeiture and destruction of materials and implements that have been predominantly used in the creation of pirated or counterfeit goods;

(c) forfeiture and destruction shall occur without compensation of any kind to the defendant; and

(d) its judicial or other competent authorities shall keep an inventory of goods and other material proposed to be destroyed, and these authorities shall have the discretion to temporarily exempt these materials from the destruction order to facilitate the preservation of evidence on notice by the right holder that it wishes to bring a civil or administrative case against the defendant or any third-party infringer.

4. The United States affirms that existing U.S. measures afford treatment equivalent to that provided for in this Article.

Article 1.21: Border Enforcement Actions

1. The Parties shall endeavor to strengthen enforcement cooperation with a view to reducing the amount of counterfeit and pirated goods, including those that are exported or in transit.

2. China shall provide a sustained increase in the number of trained personnel to inspect, detain, seize, effect administrative forfeiture, and otherwise execute customs’ enforcement authority against counterfeit and pirated goods, with an emphasis on counterfeit and pirated goods that are exported or in transit. Measures China shall take include significantly increasing training of relevant customs enforcement personnel within nine months after the date of entry into force of this Agreement. China also shall significantly increase the number of enforcement actions beginning within three months after the date of entry into force of this Agreement, and publishing online quarterly updates of enforcement actions.

3. The Parties agree to carry out cooperation with respect to border enforcement as

appropriate.

Article 1.22: Enforcement at Physical Markets

1. The Parties shall take sustained and effective action against copyright and trademark infringement at physical markets.

2. Measures China shall take include significantly increasing the number of enforcement actions beginning within four months after the date of entry into force of this Agreement, and publishing online quarterly updates of enforcement actions at physical markets.

3. The United States affirms that existing U.S. measures afford effective enforcement against copyright and trademark infringement at physical markets.

Article 1.23: Unlicensed Software

1. The Parties shall ensure that all government agencies and all entities that the government owns or controls install and use only licensed software.

2. Measures China shall take include requiring annual audits by qualified third parties of China with no government ownership or affiliation and the publication online of the audit results, beginning within seven months after the date of entry into force of this Agreement.

3. The United States affirms that existing U.S. measures require government agencies and contractors to install and use only licensed software.

Section H: Bad-Faith Trademarks

Article 1.24:

With a view to strengthening trademark protection, the Parties shall ensure

adequate and effective protection and enforcement of trademark rights, particularly against bad faith trademark registrations.

Article 1.25:

The United States affirms that existing U.S. measures afford treatment equivalent to that provided for in this Section.

Section I: Judicial Enforcement and Procedure in Intellectual Property Cases Article 1.26: Transfer from Administrative Enforcement to Criminal Enforcement

1. China shall require the administrative authorities to transfer a case for criminal

enforcement, if, under an objective standard, there is “reasonable suspicion” based on articulable facts that a criminal violation of an intellectual property right has occurred.

2. The United States affirms that U.S. authorities have the authority to refer appropriate cases for criminal enforcement.

Article 1.27: Deterrent-Level Penalties

1. The Parties shall provide civil remedies and criminal penalties sufficient to deter future intellectual property theft or infringements.

2. China shall:

(a) as an interim step, deter future intellectual property theft or infringements and strengthen the application of existing remedies and penalties by imposing a heavier punishment at or near the statutory maximum permitted under its laws related to intellectual property to deter intellectual property theft or infringements; and

(b) as a subsequent step, increase the range of minimum and maximum pre-established damages, sentences of imprisonment, and monetary fines to deter future intellectual property theft or infringements.

3. The United States shall endeavor, as appropriate, to strengthen communication and cooperation with China under the bilateral Intellectual Property Criminal Enforcement Working Group and to consider opportunities for more experience-sharing and pragmatic cooperation regarding criminal enforcement of intellectual property rights.

Article 1.28: Enforcement of Judgments

1. The Parties shall ensure expeditious enforcement of any fine, penalty, payment of monetary damages, injunction, or other remedy for a violation of an intellectual property right ordered in a final judgment by its own court.

2. Measures China shall take include executing work guidelines and implementation plans to ensure expeditious enforcement of judgments, publishing its work guidelines and implementation plans within one month after the date of entry into force of this Agreement, as well as publishing online quarterly reports of implementation results.

3. The United States affirms that existing U.S. measures afford expeditious enforcement of judgments, including those pertaining to violations of intellectual property rights.

Article 1.29: Enforcement of Copyright and Related Rights

1. In civil, administrative, and criminal proceedings involving copyright or related rights, the Parties shall:

(a) provide for a legal presumption that, in the absence of proof to the contrary, the person whose name is indicated as the author, producer, performer, or publisher of the work, performance, or phonogram in the usual manner is the designated right holder in such work, performance, or phonogram and that the copyright or related right subsists in such subject matter;

(b) when the presumption in subparagraph (a) holds, waive requirements to present copyright or related rights transfer agreements or other documentation in order to establish ownership, licensing, or infringement of copyright or related rights, in the absence of rebuttal evidence presented by the accused infringer; and

(c) provide that the accused infringer has the burden of production of evidence or burden of proof, as appropriate, to demonstrate that its use of a work protected by copyright or related rights is authorized, including in a case where the accused infringer claims to have obtained permission to use the work, such as through a license, from the right holder.

2. The United States affirms that existing U.S. measures afford treatment equivalent to that provided for in this Article.

Article 1.30: Document Authentication (“Consularization”)

1. In civil judicial procedures, the Parties shall not require formalities to authenticate evidence, including requiring a consular official’s seal or chop, that can be introduced or authenticated through stipulation, or witness testimony under penalty of perjury.

2. For evidence that cannot be introduced or authenticated through stipulation, or witness testimony under penalty of perjury, China shall streamline notarization and authentication procedures.

3. The United States affirms that existing U.S. measures afford treatment equivalent to that provided for in this Article.

Article 1.31: Witness Testimony

1. In civil judicial proceedings, China shall afford a party a reasonable opportunity to present witnesses or experts in its case and cross-examine any witness testifying in the proceeding.

2. The United States affirms that existing U.S. measures afford treatment equivalent to that provided for in this Article.

Section J: Bilateral Cooperation on Intellectual Property Protection Article 1.32:

Cooperation activities and initiatives undertaken in connection with the intellectual property chapter of this Agreement shall be subject to the availability of resources, and on request, and on terms and conditions mutually agreed upon between the Parties.

Article 1.33:

The Parties agree to strengthen bilateral cooperation on the protection of intellectual property rights and promote pragmatic cooperation in this area. China National Intellectual Property Administration and the United States Patent and Trademark Office will discuss biennial cooperation work plans in the area of intellectual property, including joint programs, industry outreach, information and expert exchanges, regular interaction through meetings and other communications, and public awareness.

Section K: Implementation

Article 1.34:

Each Party shall determine the appropriate method of implementing the provisions of this Agreement within its own system and practice. If necessary, each Party shall provide suggestions for the amendment of laws to its legislative body according to its domestic legislation procedure. Consistent with the Bilateral Evaluation and Dispute Resolution Chapter, each Party shall ensure that its obligations under this Agreement are fully implemented.

Article 1.35:

Within 30 working days after the date of entry into force of this Agreement, China will promulgate an Action Plan to strengthen intellectual property protection aimed at promoting its high-quality growth. This Action Plan shall include, but not be limited to, measures that China will take to implement its obligations under this Chapter and the date by which each measure will go into effect.

Article 1.36:

The United States affirms that its existing measures are consistent with its obligations in this Chapter.

CHAPTER 2 TECHNOLOGY TRANSFER

The Parties affirm the importance of ensuring that the transfer of technology occurs on voluntary, market-based terms and recognize that forced technology transfer is a significant concern. The Parties further recognize the importance of undertaking steps to address these issues, in light of the profound impact of technology and technological change on the world economy.

To enhance mutual trust and cooperation between the Parties with respect to technology issues, protect intellectual property, promote trade and investment, and establish a foundation for addressing long-standing structural concerns, the Parties have agreed as follows:

Article 2.1: General Obligations

1. Natural or legal persons (“persons”) of a Party shall have effective access to and be able to operate openly and freely in the jurisdiction of the other Party without any force or pressure from the other Party to transfer their technology to persons of the other Party.

2. Any transfer or licensing of technology between persons of a Party and those of the other Party must be based on market terms that are voluntary and reflect mutual agreement.

3. A Party shall not support or direct the outbound foreign direct investment activities of its persons aimed at acquiring foreign technology with respect to sectors and industries targeted by its industrial plans that create distortion.

Article 2.2: Market Access

Neither Party shall require or pressure persons of the other Party to transfer technology to its persons in relation to acquisitions, joint ventures, or other investment transactions.

Article 2.3: Administrative and Licensing Requirements and Processes

1. Neither Party shall adopt or maintain administrative and licensing requirements and processes that require or pressure technology transfer from persons of the other Party to its persons.

2. Neither Party shall require or pressure, formally or informally, persons of the other Party to transfer technology to its persons as a condition for, inter alia:

(a) approving any administrative or licensing requirements;

(b) operating in the jurisdiction of the Party or otherwise having access to the Party’s market; or

(c) receiving or continuing to receive any advantages conferred by the Party.

3. Neither Party shall require or pressure, formally or informally, persons of the other Party to use or favor technology that is owned by or licensed to its persons as a condition for, inter alia:

(a) approving any administrative or licensing requirements;

(b) operating in the jurisdiction of the Party, or otherwise having access to the Party’s market; or

(c) receiving or continuing to receive any advantages conferred by the Party.

4. The Parties shall make their administrative and licensing requirements and processes transparent.

5. The Parties shall not require or pressure foreign persons to disclose sensitive technical information not necessary to show conformity with the relevant administrative or regulatory requirements.

6. The Parties shall protect the confidentiality of any sensitive technical information disclosed by foreign persons during any administrative, regulatory, or other review processes.

Article 2.4: Due Process and Transparency

1. The Parties shall ensure that any enforcement of laws and regulations with respect to persons of the other Party is impartial, fair, transparent, and non-discriminatory.

2. The Parties shall ensure that rules of procedure for administrative proceedings related to the subject matter of this Agreement are published and provide meaningful notice regarding, at a minimum, the subject matter of the proceeding, applicable laws and regulations, rules of evidence, and relevant remedies and sanctions.

3. The Parties shall provide that persons of the other Party have the right to:

(a) review evidence and have a meaningful opportunity to respond in any administrative proceedings against them; and

(b) be represented by legal counsel in administrative proceedings.

Article 2.5: Scientific and Technological Cooperation

The Parties agree to carry out scientific and technological cooperation where appropriate.

CHAPTER 3

TRADE IN FOOD AND AGRICULTURAL PRODUCTS1

Article 3.1: General

1. To enhance mutual trust and friendly cooperation between China and the United States on issues affecting agricultural trade, to establish a foundation for addressing long-standing concerns, and to make agriculture a strong pillar of the bilateral relationship, the Parties:

(a) recognizing the importance of their agriculture sectors, of ensuring safe and reliable supplies of food and agricultural products, and of helping to meet the demand of the two countries’ peoples for food and agricultural products, intend to intensify cooperation in agriculture, to expand each Party’s market for food and agricultural products, and to promote the growth of trade in food and agricultural products between the Parties;

(b) considering that science- and risk- based sanitary and phytosanitary (SPS) measures play a crucial role in the protection of human, animal, and plant life and health, while the use of SPS measures for purposes of protectionism negatively impacts the welfare of consumers and producers, and recognizing the importance of ensuring that SPS measures are science-based, non-discriminatory, and account for regional differences in sanitary and phytosanitary characteristics, agree that neither Party shall apply sanitary or phytosanitary measures in a manner which would constitute a disguised restriction on international trade;

(c) considering that the benefits of an agricultural trading system are reduced when importers and exporters are unfairly impeded from taking full advantage of agricultural market access opportunities, recognize that tariff-rate quota (TRQ) administration should not be employed as a means of preventing the full utilization of agricultural TRQs;

(d) noting the ability of agricultural biotechnology to improve lives by helping to feed growing populations, by reducing the environmental impact of agriculture, and by promoting more sustainable production, intend to maintain, for products of agricultural biotechnology, science- and risk-based regulatory frameworks and efficient authorization processes, in order to facilitate increased trade in such products; and

1 Article 8.5 (Final Provisions) shall not apply with respect to any proposed or final measure, including an amendment to an existing measure, intended to implement this Chapter, including its Annexes and Appendices.

(e) acknowledge the importance of each Party adhering to its World Trade Organization (WTO) commitments with respect to the provision of domestic support.

2. Annexes 1-17 set out further commitments.

Annex 1. Agricultural Cooperation

1. The Parties intend to strengthen and promote cooperative activities, to be mutually agreed upon by the Parties, in agricultural science and agricultural technology. Such activities may include mutually agreed information exchanges and cooperation. The Parties intend their cooperative activities to be based on, among other things, the principles of integrity, reciprocity, openness, transparency, science, and rule of law.

2. The Parties intend to conduct technical consultations with each other on areas of potential cooperation related to pesticides for agricultural use. These consultations may include discussions of the Parties’ pesticide registration data and pesticide trial data, and discussions on the setting of maximum residue levels.

3. The Parties intend to continue implementing and improving the China-United States Scientific Cooperation and Exchange Program to promote further exchanges on agriculture- related issues between U.S. and Chinese scientific and technical experts. Each Party intends to ensure the participation, as appropriate, of relevant agencies or ministries of its government in activities of the program.

4. The Parties intend to encourage exchanges and dialogues on agricultural topics between, as appropriate, U.S. and Chinese national and sub-national government authorities, farmers, academics, businesses in the agriculture sector, and others. The Parties intend to continue implementation and improvement of existing mechanisms for bilateral communication on agricultural policy, such as the Joint Committee on Cooperation in Agriculture, and to facilitate communication on agricultural policy through participation of officials from both the U.S. and Chinese governments in relevant conferences on this topic, including the China Food Security and Food Safety Strategy Summit and the United States’ and China’s respective Agricultural Outlook conferences.

5. The Parties intend to promote communication between U.S. and Chinese technical experts on agricultural subjects of mutual interest, including, as appropriate, on production agriculture, crop insurance, trade in agricultural products, sanitary and phytosanitary matters, and rural development.

6. The Parties intend to cooperate in technical discussions, as appropriate, related to sustainable agricultural development.

7. The Parties intend to enhance, as appropriate, their information sharing on animal and plant pests and diseases, including through technical exchange visits. The Parties intend to

communicate, as appropriate, their experiences with enhancing capacity to control animal and plant pests and diseases, and through such communication to promote disease detection and the research and development of technologies for the detection and control of such diseases and pests.

8. The Parties intend to engage each other cooperatively on agriculture-related technical, and sanitary and phytosanitary, measures, including on the subject of risk communication. The Parties intend to engage each other cooperatively on these subjects including by increasing cooperation on them in international organizations, such as the WTO, Asia-Pacific Economic Cooperation, the United Nations Food and Agriculture Organization (FAO), and the Codex Alimentarius Commission (Codex).

9. The Parties intend to establish cooperation mechanisms, under the framework of the 2019 Osaka Declaration on Digital Economy, for the discussion of ways in which digital technologies can benefit the agriculture sector.

10. The Parties intend to include all relevant agencies of their governments in the governmental activities discussed in this Annex.

11. For greater certainty, nothing in this Annex shall obligate either Party to expend, obligate, or transfer any funds, or to dedicate personnel or other resources to any cooperative activity.

Annex 2. Dairy and Infant Formula

1. As soon as practicable following the date of entry into force of this Agreement, the General Administration of Customs of the People’s Republic of China (GACC) and the U.S. Food and Drug Administration (FDA) shall initiate bilateral technical discussions to review Import Alert 99-30 ―Detention Without Physical Examination of All Milk Products, Milk Derived Ingredients and Finished Food Products Containing Milk from China due to the Presence of Melamine and/or Melamine Analogs‖ in order to clarify the steps necessary for the removal of Import Alert 99-30.

Dairy Products

2. Aiming to better meet Chinese consumers’ ever-growing needs for dairy products, China shall:

(a) upon entry into force of this Agreement, allow imports of U.S. dairy products that are:

(i) manufactured at a facility on a list compiled by the FDA; and

(ii) accompanied by an Agricultural Marketing Service (AMS) dairy sanitary certificate;

(b) within 10 days of the date of entry into force of this Agreement, recognize the U.S. dairy-safety system as providing at least the same level of protection as China’s dairy-safety system;

(c) each time the United States provides China with an updated and complete list of dairy facilities and products under the jurisdiction of the FDA, within 20 working days of receipt of the list:

(i) register the facilities and publish the list of facilities and products on the GACC website; and

(ii) allow U.S. dairy imports into China from those facilities;

(d) allow imports of U.S. dairy products of bovine, ovine, and caprine origins when accompanied by an AMS dairy sanitary certificate;

(e) with respect to extended shelf life (ESL) milk:

(i) allow ESL milk produced in the United States to be imported and sold as pasteurized milk in China;

(ii) notify the draft standard to the WTO should China undertake development of a new standard for ESL milk;

(iii) ensure that the new standard and all implementing actions are consistent with China’s WTO obligations; and

(iv) allow imports of U.S. ESL milk consistent with Paragraph 2(a), (c), and (d);

(f) with respect to fortified milk:

(i) allow fortified milk produced in the United States to be imported into China subject to China’s National Food Safety Standard - Modified Milk (GB25191), consistent with Paragraph 2(a), (c), and (d);

(ii) allow such product to be labeled and sold to consumers as ―pasteurized- modified milk‖ provided the product is pasteurized;

(iii) notify the draft standard to the WTO should China undertake development of a new standard for fortified milk; and

(iv) ensure that the new standard and all implementing actions are consistent with China’s WTO obligations;

(g) with respect to U.S. ultrafiltered fluid milk:

(i) allow U.S. ultrafiltered fluid milk to be imported into China referring to China’s National Food Safety Standard - Modified Milk (GB25191), consistent with Paragraph 2(a), (c), and (d) and such products should be labeled with ―ultrafiltration technology‖;

(ii) allow such products to be labeled as ―pasteurized-modified milk‖ provided the product is pasteurized;

(iii) notify the draft standard to the WTO once China develops a draft of a new standard for ultrafiltered milk; and

(iv) ensure that the new standard and all implementing actions are consistent with China’s WTO obligations; and

(h) with respect to U.S. dairy permeate powder:

(i) within 60 working days of the date of entry into force of this Agreement:

a. complete the approval process for U.S. dairy permeate powder for human consumption consistent with the requirements of the Notice of the General Office of the National Health and Family Planning Commission for Regulating the Review of Imported Foods for Which There Is No Chinese National Food Safety Standards (GuoWeiBanShiPinFa [2017] No.14); and

b. allow the importation of U.S. dairy permeate powder;

(ii) notify the draft standard to the WTO should China undertake development of a new standard for dairy permeate powder; and

(iii) ensure that the new standard and all implementing actions are consistent with China’s WTO obligations.

Infant Formula

3. Aiming to better meet Chinese consumers’ ever-growing needs for infant formula products, China shall:

(a) take into full consideration section 412 of the U.S. Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 350a) and its implementing regulations when China reviews applications for, and decides on, the registration of U.S. infant formula products;

(b) accept, complete review of, and issue a decision on product registration applications regardless of whether the submitting entity is associated with an already-registered facility;

(c) complete technical reviews of infant formula product registration applications and do so ordinarily within 45 working days from receipt of the application;

(d) normally complete within 40 working days of completing the technical review, provided the U.S. manufacturer provides timely access if needed, any audit, inspection, sampling, or testing that is required in order to register an infant formula product;

(e) taking into consideration the FDA’s previous product reviews, inspections, and determinations of the regulatory standing of the facility or facilities where the product is manufactured, complete the product registration within 20 working days following completion of the technical review or of any required audit, inspection, sampling, or testing;

(f) ensure non-disclosure of all trade secrets provided in the infant formula product registration process;

(g) each time the United States provides China with an updated and complete list of infant formula facilities under the jurisdiction of the FDA, within 20 working days of receipt of the list, register the facilities, publish the list on the GACC website, and allow U.S. infant formula imports into China from those facilities, provided the infant formula product is registered with the State Administration of Market Regulation;

(h) not require renewal of registration of:

(i) infant formula facilities more frequently than once every four years; and

(ii) infant formula products more frequently than once every five years;

(i) take into account previous Chinese audit reports, U.S. regulatory information, and any other relevant information, including information provided by the manufacturer, when determining whether a facility inspection is required for product registration or re-registration; and

(j) within one week of the date of entry into force of this Agreement, register those

U.S. infant formula facilities whose products have been approved in China and that have facility registration applications pending review by the GACC by publishing the complete list of facilities on the GACC website.

Audits and Inspections for Dairy Products and Infant Formula

4. China shall:

(a) at least 20 working days in advance of any inspection or audit at a U.S. dairy or infant formula facility, notify the FDA, the U.S. Department of Agriculture (USDA), and the facility;

(b) to streamline procedures, improve efficiency, and advance trade facilitation, not require an on-site audit or inspection as a pre-requisite to registering a dairy or infant formula facility; and

(c) ensure that any audit or inspection it conducts for an infant formula product registration or for the registration of a dairy or infant formula facility is for verification of either the U.S. system of oversight or of the ability of the facility to meet the applicable requirements.

5. China continues to have the right to audit the U.S. dairy and infant formula food safety regulatory system, including a representative sample of U.S. dairy and infant formula facilities, in coordination with the FDA. Such auditing shall be risk-based. China also continues to have the right to conduct inspections of a risk-based selection of shipments of U.S. dairy and infant formula products at the port of entry. If China determines, based on scientific inspection, that a particular shipment of U.S dairy or infant formula products is in violation of applicable food safety import requirements, China may refuse importation of that shipment. If China determines that there is a significant, sustained or recurring pattern of non-conformity with an applicable food safety measure by a particular facility, China may refuse to accept shipments from that facility until the problem is resolved. China shall notify the FDA of such non-conformity. The Parties shall exchange information on their dairy and infant formula food safety regulatory systems and other public-health matters.

Annex 3. Poultry

1. The Parties shall sign and implement the Protocol on Cooperation on Notification and Control Procedures for Certain Significant Poultry Diseases within 30 days of the date of entry into force of this Agreement.

2. For those U.S. poultry and poultry products imported into China prior to January 1, 2015, China shall, within 30 days of the date of entry into force of this Agreement, issue, based on its previously-conducted assessment of the U.S. regulatory system, a final decision on whether to permit the importation of the product. China shall permit their importation consistently with existing bilaterally-agreed import protocols.

3. China shall maintain measures consistent with the 2018 World Organization for Animal Health (OIE) Terrestrial Animal Health Code Chapter 10.4, or any successor provisions.

4. Within 30 days following receipt from China of a formal request for an evaluation of a region of China for avian disease free recognition and a completed information package to

support such a request that addresses the eight factors outlined in 9 CFR Part 92, or any successor provisions, the USDA’s Animal and Plant Health Inspection Service (APHIS) shall initiate such an evaluation.

Annex 4. Beef

1. The Parties shall continue implementing the 2017 Protocol for the importation of U.S. beef and beef products into China; however, this Agreement shall prevail over any requirements in the Protocol that are inconsistent with this Agreement. The two Parties may revise the Protocol according to this Agreement if appropriate.

2. China acknowledges that the United States has submitted all relevant and necessary information as requested by China to enable completion of a risk assessment related to the importation of all U.S. beef, beef products, and pet food containing ruminant ingredients. China shall, within one month of the date of entry into force of this Agreement, eliminate the cattle age requirements for the importation of U.S. beef and beef products.

3. China recognizes the U.S. beef and beef products traceability system. The U.S. Government, in accordance with U.S. regulations, continuously maintains measures, including for traceability, that meet or exceed OIE guidelines for maintaining negligible risk status for the bovine disease addressed in Chapter 11.4 of the 2018 OIE Terrestrial Animal Health Code. Provided the United States maintains its OIE negligible risk classification for that disease, China shall not impose new import restrictions or requirements related to that disease on imports of U.S. beef. Should the United States’ negligible risk status change, China shall administer the regulations for imports of U.S. beef in accordance with the 2018 OIE Terrestrial Animal Health Code, Chapter 11.4, Article 11.4.11 or any successor provisions.

4. Aiming to better meet Chinese consumers’ ever-growing needs for meat, within one month of the date of entry into force of this Agreement, China shall permit the importation into China of those beef and beef products, except for those listed in Appendix I (Beef, Pork, and Poultry Products Considered Not Eligible for Import into China), inspected by the USDA’s Food Safety and Inspection Service (FSIS) in an FSIS-approved facility.

5. Within one month of the date of entry into force of this Agreement, China shall adopt maximum residue limits (MRLs) for zeranol, trenbolone acetate, and melangesterol acetate for imported beef. For beef tissues for which Codex has established MRLs for these hormones, China shall adopt the Codex MRLs. For beef tissues for which Codex has not established MRLs for these hormones, China shall adopt its MRLs by following Codex standards and guidelines and referring to MRLs established by other countries that have performed science-based risk assessments.

Annex 5. Live Breeding Cattle

1. Based on the request and information provided by the United States on February 13, 2019, and on March 6, 2019, the Parties shall, within one month of the date of entry into force of this Agreement, commence technical discussions on the preparation of a U.S. export health certificate and a protocol for the importation into China of U.S. breeding cattle, with a view to realizing trade as soon as possible.

Annex 6. Pork

1. The Parties intend to promote cooperative activities within the Global African Swine Fever Research Alliance (GARA) to share publicly-available scientific knowledge and information to contribute to the progressive control and eradication of African swine fever (ASF).

2. Aiming to better meet Chinese consumers’ ever growing needs for meat, within 10 working days of the date of entry into force of this Agreement China shall permit the importation into China of those pork and pork products inspected by the FSIS in an FSIS-approved facility.

Annex 7. Meat, Poultry and Processed Meat

1. Upon entry into force of this Agreement, China shall recognize FSIS oversight of U.S. meat, poultry meat, and processed meat and poultry meat facilities for purposes of allowing imports of U.S. meat, poultry meat, and processed meat and poultry meat.

2. Upon entry into force of this Agreement, China shall accept meat, poultry meat, and processed meat and poultry meat, except for those products listed in Appendix I (Beef, Pork, and Poultry Products Considered Not Eligible for Import into China), inspected by the FSIS in an FSIS-approved facility and accompanied by a FSIS Export Certificate of Wholesomeness (FSIS 9060-5/FSIS 9295-1).

3. Each time the United States provides China with an updated and complete list of FSIS- approved facilities, China shall, within 20 working days of receipt, publish the list on the GACC website and allow the importation into China of products from all facilities on the list.

4. China continues to have the right to audit the U.S. meat and poultry food safety regulatory system, including a representative sample of U.S. meat and poultry facilities, in coordination with the FSIS. Such auditing shall be risk-based. China also continues to have the right to conduct inspections of a risk-based selection of shipments of U.S. meat and poultry products at the port of entry. If China determines, based on scientific inspection, that a particular shipment of U.S. meat or poultry products is in violation of applicable food safety import requirements, China may refuse importation of that shipment. If China determines that there is a significant, sustained or recurring pattern of non-conformity with an applicable food safety measure by a particular facility, China may refuse to accept shipments from that facility until the problem is resolved. China shall notify the FSIS of such non-conformity. The Parties shall exchange information on their meat and poultry food safety regulatory systems and other public- health matters.

5. In consultation with U.S. experts, China shall conduct a risk assessment for ractopamine in cattle and swine as soon as possible without undue delay, and in a manner consistent both with Codex and FAO/World Health Organization (WHO) Joint Expert Committee on Food Additives (JECFA) risk assessment guidance and with the risk assessment for ractopamine previously conducted by the FAO/WHO JECFA. The risk assessment shall be based on verifiable data and the approved conditions of ractopamine use in the United States. China and the United States shall establish a joint working group to discuss the steps to be taken based on the results of the risk assessment.

Annex 8. Electronic Meat and Poultry Information System

1. Aiming to streamline trade and deepen cooperation between the United States and China with respect to certification, the GACC shall work with the USDA to finalize the technical requirements for, and to implement, an electronic and automated system for China to access FSIS export certificates accompanying U.S. exports to China of meat, poultry, and meat and poultry products.

2. Provided the United States has implemented the system, and demonstrates the reliability and safety of the system, China shall also implement the system by February 2020. China shall accept via the system all information, including FSIS certificates, necessary to allow shipments of U.S. meat, poultry, and meat and poultry products into China and shall provide relevant certificate information in a timely manner to the Chinese port customs officials.

3. The USDA has a directive permitting replacement certificates in certain instances when appropriate. The GACC shall accept replacement certificates, provided that the FSIS ensures that replacement certificates are clearly identifiable. China shall accept replacement certificates issued by the USDA for situations that include the following:

(a) the original certificate did not contain required information;

(b) the original certificate contained typographical errors;

(c) the importer, exporter, consignee, or consignor changed, but is within the same country that appears on the original certificate;

(d) the certificate is lost or damaged; or

(e) the port of entry changed.

Annex 9. Aquatic Products

1. As soon as practicable following the entry into force of this Agreement, the GACC and the FDA shall resume bilateral meetings of the U.S.-China Technical Working Group on

Seafood. The Technical Working Group shall identify steps China can take to provide evidence for FDA to assess whether China has controls that would ensure that Chinese aquatic products exported to the United States meet U.S. requirements. The United States confirms that if a Chinese aquatic product producer or exporter submits sufficient evidence to the FDA and the FDA determines that the firm and product should be excluded from Import Alert 16-131, the Chinese aquatic product producer or exporter shall be added to the Green List for Import Alert 16-131.

2. Aiming to better meet Chinese consumers’ ever-growing needs for aquatic products, as soon as practicable following the entry into force of this Agreement, the GACC and the U.S. National Oceanic and Atmospheric Administration (NOAA) shall meet to discuss the process for approving the importation into China of the aquatic species that are sold in U.S. interstate commerce but that are not authorized for sale in China. If the NOAA submits sufficient evidence to the GACC concerning one of these aquatic species, the GACC shall determine whether the species is safe to consume and will be allowed to be imported into China.

3. Within 20 working days of the date of entry into force of this Agreement, China shall allow imports into China from those:

(a) aquatic products facilities considered to be in good regulatory standing by the FDA and also registered by the GACC, when the shipment is accompanied by the bilaterally–agreed certificate issued by the NOAA; and

(b) fish meal processing facilities considered to be in good regulatory standing by the NOAA and also registered by the GACC, when the shipment is accompanied by the bilaterally-agreed certificate issued by the NOAA.

4. China shall:

(a) each time the United States provides China with an updated and complete list of aquatic products facilities under the jurisdiction of the FDA, within 20 working days of receipt of the list, register the facilities, publish the list of the facilities on the GACC website, and allow U.S. aquatic product imports into China from those facilities; and

(b) each time the United States provides China with an updated and complete list of fish meal processing facilities under the jurisdiction of the NOAA, within 20 working days of receipt of the list, register the facilities, publish the list of the facilities on the GACC website, and allow U.S. fish meal imports into China from those facilities.

5. China continues to have the right to audit the U.S. aquatic products food safety regulatory system, including a representative sample of U.S. aquatic product facilities, in coordination with the FDA. Such auditing shall be risk-based. China also continues to have the right to conduct inspections of a risk-based selection of shipments of U.S. aquatic products at the port of entry. If China determines that a particular shipment of U.S. aquatic products is in violation of applicable

food safety import requirements, China may refuse importation of that shipment. If China determines that there is a significant, sustained or recurring pattern of non-conformity with an applicable food safety measure by a particular facility, China may refuse to accept shipments from that facility until the problem is resolved. China shall notify the FDA of such non- conformity. The Parties shall exchange information on their aquatic products food safety regulatory systems and other public-health matters concerning aquatic products.

Annex 10. Rice

1. Each time the United States provides China with a list of rice facilities approved by the APHIS as compliant with the Phytosanitary Protocol on the Import of Rice from the United States to China, within 20 working days of receipt of the list, China shall register the facilities, publish the list of facilities, and allow the importation of U.S. rice from each of the APHIS- approved rice facilities. China continues to have the right to conduct on-site phytosanitary audits of registered rice facilities.

Annex 11. Plant Health

1. Within one month of the date of entry into force of this Agreement, the Parties shall start technical consultations in order to sign, as soon as possible, a phytosanitary protocol on Chinese Bonsai in growing mediums for export to the United States excluding orchids, with a view to realizing trade as soon as possible.

2. Within 45 days of the date of entry into force of this Agreement, USDA/APHIS shall complete its regulatory notice process for imports of Chinese fragrant pear.

3. Within two months of the date of entry into force of this Agreement, USDA/APHIS shall complete its regulatory notice process for imports of Chinese citrus.

4. Within one month of the date of entry into force of this Agreement, USDA/APHIS shall complete its regulatory notice process for imports of Chinese Jujube.

5. Within seven working days of the date of entry into force of this Agreement, USDA/APHIS and the GACC shall sign and implement a phytosanitary protocol to allow the importation of U.S. fresh potatoes for processing into China.

6. Within one month of the date of entry into force of this Agreement, USDA/APHIS and the GACC shall sign and implement a phytosanitary protocol to allow the importation of California nectarines into China.

7. Within three months of the date of entry into force of this Agreement, USDA/APHIS and the GACC shall sign and implement a phytosanitary protocol to allow the importation of U.S. blueberries into China.

8. Within three months of the date of entry into force of this Agreement, USDA/APHIS and the GACC shall sign and implement a phytosanitary protocol to allow the importation of California Hass avocadoes into China.

9. Within three months of the date of entry into force of this Agreement, USDA/APHIS and the GACC shall sign and implement a phytosanitary protocol to allow the importation of U.S. barley into China. The GACC, in coordination with USDA/APHIS, may conduct an on-site visit of U.S. barley production.

10. Within one month of the date of entry into force of this Agreement, the GACC shall meet with USDA/APHIS and conduct an on-site visit of U.S. production of U.S. alfalfa hay pellets and cubes, U.S. almond meal pellets and cubes, and U.S. timothy hay. Within three months of the date of entry into force of this Agreement, USDA/APHIS and the GACC shall sign and implement a phytosanitary protocol to allow importation into China of these products.

11. The Parties confirm they shall not require a phytosanitary certificate for the importation from the other Party of frozen fruits and vegetables.

12. The Parties shall continue technical consultations concerning facilitation of trade in grain and oilseed products.

Annex 12. Feed Additives, Premixes, Compound Feed, Distillers’ Dried Grains, and Distillers’ Dried Grains with Solubles

1. To streamline procedures, improve efficiencies, and advance trade facilitation, and to better meet demand for feed to promote the development of animal husbandry, China shall:

(a) not require an on-site audit or inspection as a condition for registering facilities or for approving the importation into China of feed additives, premixes, compound feed products, Distillers’ Dried Grains (DDG), and Distillers’ Dried Grains with Solubles (DDGS);

(b) not require an export protocol as a condition for permitting the importation into China of feed additives, premixes, compound feed products, DDG, and DDGS; and

(c) ensure that its requirements for imports of feed additives, premixes, compound feed products, DDG, and DDGS from the United States are consistent with international standards and guidelines.

2. Each time that the United States provides China with an updated and complete list of U.S. feed additive, premix, compound feed product, DDG, and DDGS facilities, China shall, within 20 working days of receiving the information, register the facilities, publish the list on the GACC website, and allow imports of feed additives, premixes, compound feed products, DDG, and DDGS from U.S. facilities appearing on the list on the GACC website.

3. China shall:

(a) (i) within three months of receiving an application from a U.S. DDG or DDGS manufacturer for the approval of the importation into China of one of its products, complete the review of that application; and

(ii) within 20 working days of completing the review of that application, issue a license allowing importation of the product into China; and

(b) within 20 working days of receiving an application from a U.S. DDG or DDGS manufacturer that holds or has held a license permitting importation into China of one of its products, but whose license:

(i) expired on or after January 1, 2017, or

(ii) is scheduled to expire after that date,

issue a license to that manufacturer allowing imports of the product into China.

4. China shall:

(a) within nine months of receiving an application for the approval of the importation into China of a new feed additive, premix, or compound feed product, complete

its review of that application and add the product onto China’s List of Feed and Feed Additives;

(b) within three months of receiving a new application for the approval of the importation into China of a feed additive, premix, or compound feed product, complete its review of that application and issue a license allowing importation of the product; and

(c) within 20 working days of receiving an application for renewal for a feed additive, premix, or compound feed product license, issue a renewed license allowing importation of the product.

5. China continues to have the right to audit the U.S. feed additive, premix, compound feed, DDG, and DDGS feed safety regulatory system, including a representative sample of U.S. feed additive, premix, compound feed, DDG, and DDGS feed facilities, in coordination with the relevant U.S. competent authority. Such auditing shall be risk-based. China also continues to have the right to conduct inspections of a risk-based selection of shipments of U.S. feed additive,

premix, compound feed, DDG, and DDGS feed products at the port of entry. If China determines, based on scientific inspection, that a particular shipment of U.S. feed additives, premix, compound feed, DDG, and DDGS feed is in violation of applicable feed safety import requirements, China may refuse importation of that shipment. If China determines that there is a significant, sustained or recurring pattern of non-conformity with an applicable feed safety

measure by a particular facility, China may refuse to accept shipments from that facility until the problem is resolved. China shall notify the relevant U.S. competent authority of such non- conformity. The Parties shall exchange information on their feed additive, premix, compound feed, DDG, and DDGS feed safety regulatory systems.

Annex 13. Pet Food and Non-ruminant Derived Animal Feed

1. China shall:

(a) within one month of the date of entry into force of this Agreement:

(i) lift its ban on U.S. pet food containing ruminant ingredients in accordance with Annex 4.2 (Beef); and

(ii) eliminate the use of Polymerase Chain Reaction (PCR) testing on all U.S. pet food products containing ruminant ingredients, and limit PCR testing of U.S. pet food products not containing ruminant ingredients to a risk- based selection of shipments;

(b) upon entry into force of this Agreement, allow the importation of U.S. pet foods containing poultry products;

(c) not require completion or submission of any facility questionnaire for registration purposes, except that China may request completion of a facility questionnaire with respect to a facility that China is auditing; and

(d) allow the importation of pet foods with animal-origin ingredients from a 3^rd country as long as the ingredients are legally imported into the United States, meet U.S. domestic requirements for inclusion in pet food, and are traceable to the country of origin.

2. Upon entry into force of this Agreement, the Parties shall engage in technical discussions to discuss the importation of U.S. pet food into China. Within two months of the date of entry into force of this Agreement, the Parties shall sign a protocol on U.S. pet food imports into China. Before a new protocol is signed, China shall continue to allow imports of U.S. pet food as detailed in the Protocol on the Veterinary Health Requirements for Non-Ruminant Derived

Animal Feed and Tallow to be Imported from the United States of America to the People’s Republic of China, dated November 18, 2004.

3. China has completed its review of 24 new U.S. pet food and animal feed facilities and shall, within five working days of the date of entry into force of this Agreement, include those facilities on the list of facilities allowed to export to China pet food or non-ruminant derived animal feed.

4. The United States shall, on a monthly basis, provide to China any updates to the list of

U.S. pet food and non-ruminant derived animal feed facilities that the United States has determined to be eligible to export pet food or non-ruminant derived animal feed to China. Upon receipt of each update to the list, China shall, within 20 working days, register the facilities, publish the updates to the list of facilities on the GACC website, and allow imports of pet food and non-ruminant derived animal feed from U.S. facilities on the list on the GACC website.

5. China continues to have the right to audit the U.S. pet food and non-ruminant derived animal feed safety regulatory system, including a representative sample of U.S. pet food and non-ruminant derived animal feed facilities, in coordination with the relevant U.S. competent authority. Such auditing shall be risk-based. China also continues to have the right to conduct inspections of a risk-based selection of shipments of U.S. pet food and non-ruminant derived animal feed at the port of entry. If China determines, based on scientific inspection, that a particular shipment of U.S pet food and non-ruminant derived animal feed is in violation of applicable pet food and non-ruminant derived animal feed safety import requirements, China may refuse importation of that shipment. If China determines that there is a significant, sustained or recurring pattern of non-conformity with an applicable feed safety measure by a particular facility, China may refuse to accept shipments from that facility until the problem is resolved. China shall notify the relevant U.S. competent authority of such non-conformity. The

Parties shall exchange information on their pet food and non-ruminant derived animal feed safety regulatory systems.

Annex 14. Tariff Rate Quotas

1. China shall ensure that, from December 31, 2019, its TRQ measures for wheat, rice, and corn are in conformity with the Panel Report in China-Tariff Rate Quotas for Certain Agricultural Products and the WTO agreements, including China’s commitments under the

Protocol on the Accession of the People’s Republic of China to the WTO and China’s Schedule CLII, Part I, Section 1(B).

2. The entirety of China’s TRQs for wheat, rice, and corn (WRC TRQs) for each year shall be allocated by January 1 of that year to end-users. China shall ensure that it does not inhibit the filling of its WRC TRQs.

3. China’s requirements for WRC TRQ eligibility, allocation, return, reallocation, and penalties shall not discriminate between State Trading Enterprises (STEs) and non-STEs and shall apply equally to the STE share of the WRC TRQ and the non-STE share of the WRC TRQ.  For the purposes of China’s WRC TRQ administration measures, ―end-users‖ and

―enterprises‖ include STEs when allocated a WRC TRQ.

4. China shall reallocate all unused and returned WRC TRQ amounts, including all unused and returned amounts allocated to STEs or designated as part of the ―STE share,‖ by October 1 of each year. Only new applicants and entities other than those returning unused quotas shall be eligible to receive reallocated WRC TRQ amounts.

5. China shall make all WRC TRQ allocations in commercially viable shipping amounts.

6. China shall clearly specify and publish all eligibility criteria for its WRC TRQs and all allocation principles for its WRC TRQ administration, and the allocation principles shall be relevant to the importation, processing, or sale of the commodity subject to the WRC TRQ. China shall ensure that a sufficient number of STE and non-STE entities, including new quota applicants, are eligible to receive WRC TRQ allocations, and that the full utilization of its WRC TRQs is not inhibited.

7. Consistent with China’s WTO obligations, at the request of the United States, China shall provide the relevant WRC TRQ allocation and reallocation information requested.

8. Each Party shall make available on a public website existing laws, regulations, and announcements on its administration of WRC TRQs, if any, and publish any change to them in a timely manner. Upon request of a Party, the Parties shall hold consultations on TRQ administration pursuant to the Bilateral Evaluation and Dispute Resolution Chapter.

Annex 15. Domestic Support

1. China shall respect its WTO obligations to publish in an official journal its laws, regulations, and other measures pertaining to its domestic support programs and policies.

2. For greater certainty, nothing in this Agreement limits the rights of the United States under the WTO Dispute Settlement Understanding against China with respect to China’s domestic support measures.

Annex 16. Agricultural Biotechnology

1. To help realize the benefits of agricultural biotechnology for sustainable agriculture, the Parties agree to carry out exchanges on agricultural biotechnology, and intend to take steps to enhance engagement with the public concerning agricultural biotechnology and public awareness of scientific information relevant to agricultural biotechnology, with the aim of building public confidence in, and acceptance of, the use of safe biotechnology in agriculture and the food system.

2. China shall implement a transparent, predictable, efficient, science- and risk-based regulatory process for safety evaluation and authorization of products of agricultural biotechnology. For agricultural biotechnology products for feed or further processing, China shall significantly reduce, to no more than 24 months, the average amount of time between:

(a) the submission of a formal application for authorization of such a product; and

(b) the final decision on approval or disapproval of the product.

China shall base its safety evaluation procedures on the relevant international standards and recommendations of Codex and the International Plant Protection Convention. China shall base any safety evaluation that it conducts on scientific data and information obtained using appropriate methods and analyzed using appropriate statistical techniques.

3. The Parties shall strengthen communication on biotechnology regulation, in order to increase mutual understanding and to facilitate trade in products of agricultural biotechnology.

4. China shall:

(a) within five working days of receipt of the product dossier submitted in support of a formal application for approval of a product of agricultural biotechnology, pre- screen for completeness, by means of comparison against the requirements on the application form, the dossier and inform the applicant of any deficiencies in the sufficiency of information in the dossier;

(b) accept complaints from applicants concerning the operation of the approval procedure for agricultural biotechnology products to be used for purposes of food, feed, and processing, and take corrective action upon receipt of a justified complaint;

(c) when additional information from an applicant is necessary for the National Biosafety Committee (NBC) to finalize a safety evaluation, within 20 working days of the NBC meeting at which the NBC ascertained its need for the additional information, request all such information in writing and provide a written explanation to the applicant of how the requested information would be relevant

to the safety of the product’s intended use;

(d) when additional information has been submitted to the NBC by an applicant, ensure that the NBC meets as soon as possible and as often as necessary thereafter in order to finalize the NBC’s review of the application; and

(e) convene at least two NBC meetings per year and increase, depending on the number of applications, the frequency of NBC meetings as much as necessary.

5. China shall establish an authorization period of at least five years for any agricultural biotechnology product.

6. China shall, within 12 months of the date of entry into force of this Agreement, establish and make public a simplified, predictable, science- and risk-based, and efficient safety- assessment procedure for approval of food ingredients derived from genetically modified microorganisms.

7. China shall:

(a) accept applications for agricultural biotechnology product approvals on an on- going, year-round basis;

(b) if prior to receipt by China of a formal application for approval of an agricultural biotechnology product but following the submission of the dossier for the product to U.S. authorities, the dossier for the product is submitted to China, pre-screen the dossier within five working days of receipt for completeness against the Chinese requirements that will apply following the submission of a formal application for approval of the product in China;

(c) upon receipt of a formal application, begin review of any application for approval of an agricultural biotechnology product;

(d) not request information unnecessary for assessing the safety of a product for its intended use; and

(e) for any product that passes China’s safety evaluation, make the administrative decision of approval and issue a biosafety certificate within 20 working days of conclusion of the NBC meeting.

8. In the event of an occurrence of low-level presence (LLP) affecting a U.S. shipment exported to China, China shall:

(a) without undue delay, inform the importer or the importer’s agent of the LLP occurrence and of any additional pertinent information that will be required to be submitted to assist China to make a decision on the management of the LLP occurrence;

(b) provide to the United States a summary of any risk or safety assessment that China has conducted in connection with the LLP occurrence;

(c) ensure that the LLP occurrence is managed without unnecessary delay; and

(d) take into account any relevant risk or safety assessment provided, and authorization granted, by the United States or any foreign country when deciding how to manage the LLP occurrence.

9. China shall evaluate inadvertent or technically unavoidable LLP occurrences on a case- by-case basis to minimize trade disruptions.

10. The Parties agree to organize experts to conduct further studies on the issue of LLP and to collaborate internationally on practical approaches to addressing LLP.

Annex 17. Food Safety

1. The Parties shall not implement food safety regulations, or require actions of the other Party’s regulatory authorities, that are not science- or risk-based and shall only apply such regulations and require such actions to the extent necessary to protect human life or health.

Appendix I: Beef, Pork, and Poultry Products Considered Not Eligible for Import into China

U.S. statutes and regulations require the condemnation of meat and poultry carcasses, parts thereof, and products, found to be diseased, adulterated or otherwise unfit at the time of slaughter, or during any subsequent inspection. The FSIS does not allow meat or poultry products that are determined to be unqualified, or that are contaminated—for example, with feces, foreign material, or cerebral fluid from cattle—to enter commerce. Animals that display systemic signs of disease or pathologies are condemned. FSIS Public Health Veterinarians certify on the FSIS certificate that the meat or poultry products are from animals that received both antemortem and postmortem inspection and were found sound and healthy. In addition, the product has been inspected and passed as provided by law and regulations of the USDA, and is wholesome, and suitable for human consumption

The following is a list of products that are not eligible for importation into China, including when incorporated into further-processed products:

(a) beef and pork: thyroid glands, adrenal glands, uropygial glands, tonsils, major lymph nodes exposed during slaughter and cutting, laryngeal muscle tissue, lungs, pancreas, spleen, gallbladder, uterus, hair, hoofs, and lactating mammary glands;

(b) horns from cattle;

(c) mechanically separated beef and distal ileum from cattle of any age;

(d) brain, skull, eyes, trigeminal ganglia, spinal cord, dorsal root ganglia, and vertebral column (excluding the vertebrae of the tail, the transverse processes of the thoracic and lumbar vertebrae, and the wings of the sacrum), from cattle 30 months of age and older; and

(e) feathers, heads, intestines, and tails of poultry.

January 15, 2020

Ambassador Gregg Doud Chief Agricultural Negotiator

Office of the U.S. Trade Representative 600 17^th Street, N.W.

Washington, D.C. 20250 Dear Ambassador Doud,

I have the honor to confirm the following agreement reached between representatives of the Government of the People’s Republic of China (―China‖) and representatives of the Government of the United States of America (―United States‖):

China shall not require certification for low risk food products from the United States, including all U.S. products considered by the United States to be highly processed, shelf- stable food products.

Additionally, China shall participate in the electronic working group established by the Codex Alimentarius Commission Committee on Food Import and Export Inspection and Certification Systems on food fraud and food integrity.

I have the honor to propose that this letter and your letter in reply confirming that your Government shares this agreement shall constitute an agreement between our two governments, which shall be subject to the provisions of the Bilateral Evaluation and Dispute Resolution Chapter of the Economic and Trade Agreement Between the Government of the People’s Republic of China and the Government of the United States of America, dated January 15, 2020, and shall enter into force on the date of entry into force of that agreement.

Sincerely,

Vice Minister Han Jun

January 15, 2020

Vice Minister Han Jun

Ministry of Agriculture and Rural Affairs 11 Nongzhanguan Nanli

Beijing 100125

People’s Republic of China Dear Vice Minister Han,

I am pleased to acknowledge your letter of January 15, 2020, which reads as follows:

I have the honor to confirm the following agreement reached between representatives of the Government of the People’s Republic of China (―China‖) and representatives of the Government of the United States of America (―United States‖):

China shall not require certification for low risk food products from the United States, including all U.S. products considered by the United States to be highly processed, shelf-stable food products.

Additionally, China shall participate in the electronic working group established by the Codex Alimentarius Commission Committee on Food Import and Export Inspection and Certification Systems on food fraud and food integrity.

I have the honor to propose that this letter and your letter in reply confirming that your Government shares this agreement shall constitute an agreement between our two governments which shall be subject to the provisions of the Bilateral Evaluation and Dispute Resolution Chapter of the Economic and Trade Agreement Between the Government of the People’s Republic of China and the Government of the United States of America, dated January 15, 2020, and shall enter into force on the date of entry into force of that agreement.

I have the further honor to confirm that my Government shares this agreement and that your letter and this letter in reply shall constitute an agreement between our governments, which shall be subject to the provisions of the Bilateral Evaluation and Dispute Resolution Chapter of the Economic and Trade Agreement Between the Government of the United States of America and the Government of the People’s Republic of China, dated January 15, 2020, and shall enter into force on the date of entry into force of that agreement.

Sincerely,

Ambassador Gregg Doud Chief Agricultural Negotiator

January 15, 2020

Ambassador Gregg Doud Chief Agricultural Negotiator

Office of the U.S. Trade Representative 600 17^th Street, N.W.

Washington, D.C. 20250 Dear Ambassador Doud,

I have the honor to confirm the following agreement reached between representatives of the Government of the People’s Republic of China (―China‖) and representatives of the Government of the United States of America (―United States‖):

Based on its previously-concluded assessment of the U.S. aquatic-product regulatory system, China shall, upon entry into force of the Economic and Trade Agreement Between the Government of the People’s Republic of China and the Government of the United States of America, dated January 15, 2020 (the ―Trade Agreement‖), approve the importation into China from the United States of the aquatic species listed in Attachment 1 of this letter.

China shall, within 5 working days of the date of entry into force of the Trade Agreement, include the 23 U.S. feed additives, premixes, and compound feed products listed in Attachment 2 of this letter on China’s list of Traditionally Traded Products and allow imports into China from the United States of those feed additives, premixes, and compound feed products.

I have the honor to propose that this letter and your letter in reply confirming that your Government shares this agreement shall constitute an agreement between our two governments, which shall be subject to the provisions of the Bilateral Evaluation and Dispute Resolution Chapter of the Trade Agreement, dated January 15, 2020, and shall enter into force on the date of entry into force of that agreement.

Sincerely,

Vice Minister Han Jun

January 15, 2020

Vice Minister Han Jun

Ministry of Agriculture and Rural Affairs 11 Nongzhanguan Nanli

Beijing 100125

People’s Republic of China Dear Vice Minister Han,

I am pleased to acknowledge your letter of January 15, 2020, which reads as follows:

I have the honor to confirm the following agreement reached between representatives of the Government of the People’s Republic of China (―China‖) and representatives of the Government of the United States of America (―United States‖):

Based on its previously-concluded assessment of the U.S. aquatic-product regulatory system, China shall, upon entry into force of the Economic and Trade Agreement Between the Government of the People’s Republic of China and the Government of the United States of America, dated January 15, 2020 (the ―Trade Agreement‖), approve the importation into China from the United States of the aquatic species listed in Attachment 1 of this letter.

China shall, within 5 working days of the date of entry into force of the Trade Agreement, include the 23 U.S. feed additives, premixes, and compound feed products listed in Attachment 2 of this letter on China’s list of Traditionally Traded Products and allow imports into China from the United States of those feed additives, premixes, and compound feed products.

I have the honor to propose that this letter and your letter in reply confirming that your Government shares this agreement shall constitute an agreement between our two governments, which shall be subject to the provisions of the Bilateral Evaluation and Dispute Resolution Chapter of the Trade Agreement, dated January 15, 2020, and shall enter into force on the date of entry into force of that agreement.

I have the further honor to confirm that my Government shares this agreement and that your letter and this letter in reply shall constitute an agreement between our governments, which shall be subject to the provisions of the Bilateral Evaluation and Dispute Resolution Chapter of the Economic and Trade Agreement Between the Government of the United States of America and the Government of the People’s Republic of China, dated January 15, 2020, and shall enter into force on the date of entry into force of that agreement.

Sincerely,

Ambassador Gregg Doud Chief Agricultural Negotiator

Attachment 1: U.S. Aquatic Species List

Aquatic Species Scientific Name Product Name

Antarctic Krill Euphausia superba Antarctic Krill Oil Chinook/King Salmon Oncorhynchustshawytscha Fish Oil

Chum Salmon Oncorhynchus keta Fish Oil

Coho Salmon Oncorhynchus kisutch Fish Oil

Pink Salmon Oncorhynchusgorbuscha Fish Oil

Sockeye Salmon Oncorhynchus nerka Fish Oil

Freshwater Drum Aplodinotus grunniens Frozen Freshwater Drum Fish

Bowfin Roe White Shrimp

Amia calva Litopenaeus setiferus

Frozen Bowfin Roe Frozen Shrimp

Western White Shrimp Litopenaeus occidentalis Frozen Shrimp Southern White Shrimp Litopenaeus schmitti Frozen Shrimp

Alaska Skate, Skate wings Bathyraja pramifera Alaska Skate, Skate wings Conch Meats Busycon canaliculatum Conch Meats

Conch Meats Busycoptus canaliculatus Conch Meats

Conch Meats Busycon carica Conch Meats Harlequin Rockfish Sebastes variegatus Frozen fillet Yellow Tail Rockfish Sebastes flavidus Frozen fillet Widow Rockfish Sebastes entomelas Frozen fillet Shortraker Rockfish Sebastes borealis Frozen fillet Rougheye Rockfish Sebastes aleutianus Frozen fillet Black Rockfish Sebastes melanops Frozen fillet Redbanded Rockfish Sebastes babcocki Frozen fillet

Redstripe Rockfish Sebastes proriger Frozen fillet

American Shad Alosa sapidissima Frozen/chilled

Pollock (oil) Gadus chalcogrammus Fish Oil

Pollock (oil) Theragra chalcogramma Fish Oil Pacific whiting (oil) Merluccius productus Fish Oil

Attachment 2: Traditionally Traded Products

序号

No.

批准号

Register

Number

生产加工企业名称

Establishment Name

产品名称

Product

Name

产品用途

Usage of Product

原料

Raw Material

1

美国 ACG 产品有限公司

ACG Products Ltd., USA

饲料宝

Feed Bond

饲料抗结块剂Anti-caking Agent 所有动物

All animal

水合硅铝酸钠钙Hydrated Sodium Calcium Aluminosilicate

2

美国奥特奇公司

Alltech Inc., USA

奥迈乐

Optimase

饲料添加剂尿素

Feed Additive Urea

尿素

Urea

3

美国奥特奇公司

Alltech Inc., USA

优知乐Sow Advantage

母猪微量元素预混合饲料

Trace Mineral

Premix for Sow

矿物质饲料添加剂

Natural Minerals

4

美国生物系统有限公司

American Biosystems, Inc.,

USA

超益

Super Dairy,

Combo

饲料添加剂

Feed Additive

酵母硒

Yeast

5

美国白尔康公司

Balchem Corporation, USA

妞舒

NitroShure

饲料添加剂尿素

Feed Additive Urea

(Dairy cows)

尿素

Urea

6

美国 Biozyme 公司

BioZyme Incorporated

艾美福

AMAFERM

Enzyme Feed grade

养殖动物

(All species or categories of

animals)

α—淀粉酶（产自米曲霉）

α-Amylase (by Aspergillus Oryzae)

7

美国 Desert King 国际有限公司

Desert King International

Inc., USA

惠康宝-30 DK

sarsaponin-30

饲料添加剂Feed Additive 家禽和猪

(Poultry and Swine)

天然类固醇萨洒皂角苷（源自丝兰） Yucca (Yucca

Schidigera) Extract

8

美国福蓝迪他生物集团有限公司

Frondita Biogroup, Inc., USA

益加

Super DFM Plus

混合型饲料添加剂

Mixed Feed Additive

微生物

Feed Additives Mixture

Live Microorganisms

9

美国国际原料公司

International Ingredient

Corporation

金乳

Gold Star

Milk

蛋白饲料

Protein feed (Piglet

and Calf)

奶粉与奶酪

Dried Milk and

Dried Cheese

10

美国国际原料公司International Ingredient Corporation

五星宝Five Star Booster

能量饲料

Energy Feed (Piglets)

糖类食品副产品

Sugar Foods By-

Product (Carbohydrates)

11

美国国际原料公司International Ingredient Corporation

营养金奶粉

Nutri-Gold

蛋白质饲料

Protein Feed (Livestock,

aquaculture and pet)

干奶粉

Dried Milk Powder

12

美国国际原料公司

International Ingredient

Corporation

奇饲粉

Cheese Plus

Cheese

能 量 饲 料 Energy Feed (Swine and calf)

干奶酪产品

Dried Cheese

Product

13

美国国际原料公司International Ingredient Corporation

巧饲粉Milk Chocolate Product

能量饲料

Energy Feed (Swine and calf)

巧克力糖和巧克力牛奶巧饲粉Chocolate Candy &

Dried Chocolate Milk

14

美国国际原料公司International Ingredient Corporation

乳清宝

CW-11

蛋白质饲料

Protein Feed (Piglet, pet and Aquaculture)

奶酪乳清

Whey and by- product, Lactose

and Whey Protein

15

美国国际原料公司

International Ingredient

Corporation

奇饲粉

AF-35

奇能佳

Protein Feed (Piglet,

pet and Aquaculture)

奶酪粉和大豆粉

Dried Cheese and

Soy Flour

16

美国国际原料公司International Ingredient Corporation

宝宝派

Carbo-Pal

饲料添加剂

Feed Additive

谷物和糖类食品副产品

cereal food and sugar foods by-

products

17

美国国际原料公司International Ingredient Corporation

营养派

Nutri-Pal

蛋白饲料

Protein feed (Swine)

奶粉与酵母硒

Milk Product and Brewers Dried

Yeast

18

美国国际原料公司

International Ingredient

Corporation

百 泰 A GroBiotic A

饲料添加剂

Feed Additive

酵母硒

Yeast

19

美国建明工业有限公司

Kemin Industries, Inc., USA

微生康锌 27 粉剂KemTRACE

Zinc 27 Dry

混合型饲料添加剂丙酸锌

Feed Additives Mixture Zinc

Propionate (Swine, Ruminent, Poultry)

丙酸锌

Zinc Propionate

20

拉曼特种益生菌公司Lallemand Specialties, Inc., USA

倍特赛

Bactocel

饲料添加剂

Feed Additive

(Swine, Poultry, Aquaculture)

乳酸片球菌Pediococcus acidilactici

21

美国乐斯福酵母公司乐斯福饲料添加剂

Lesaffre Feed Additives, a

division of Lesaffre Yeast Corporation, USA

赛福硒 3000

Selyeast 3000

饲料添加剂

Feed Additive

酵母硒

Selenium Yeast

22

美盛作物营养有限公司美盛饲料添加剂部Mosaic Global Sales, LLC Mosaic Feed Ingredients, a

Division of Mosaic Corp Nutrition, LLC

富磷（磷酸二 氢 钙 ） Biofos

矿物质饲料添加剂

Natural Mineral

磷酸氢钙Monocalcium Phosphate

23

美国金宝动物营养国际有限公司

Zinpro Animal Nutrition

International Inc, USA

氨维乐一锌

100 Availa-

Zn 100

矿物饲料添加剂Mineral Feed Additive

氨基酸锌络合物Zinc Amino Acid Complex

CHAPTER 4 FINANCIAL SERVICES

Article 4.1: Objectives

The Parties believe that they have a significant opportunity for cooperation and mutual benefit in bilateral services trade. Each Party requests that the other Party ensure fair, effective, and non-discriminatory participation in its market for services and services suppliers of the other Party. The Parties shall work constructively to provide fair, effective, and non-discriminatory market access for each other’s services and services suppliers. To that end, the Parties shall take specific actions beginning with the actions set forth in this Chapter with respect to the financial services sector.

Article 4.2: Banking Services

1. The Parties acknowledge the importance of mutually beneficial cooperation to enhance market access and strengthen the Parties’ respective banking services sectors.

2. China commits that when a qualified subsidiary of a U.S. financial institution provides or seeks to provide securities investment fund custody services, its parent company’s overseas assets shall be taken into consideration in order to fulfill applicable asset requirements. Within five months after the date of entry into force of this Agreement, China shall allow branches of

U.S. financial institutions to provide securities investment fund custody services, and the parent company’s overseas assets shall be taken into consideration in order to fulfill applicable asset requirements. China shall review and approve qualified applications by U.S. financial institutions for securities investment fund custody licenses on an expeditious basis.

3. China affirms that U.S. financial institutions applying to serve as Type-A lead underwriters for all types of non-financial debt instruments shall be evaluated and granted licenses based on the revised formula for granting lead underwriting licenses for non-financial enterprise debt instruments, which takes into account U.S. financial institutions’ international qualifications in order to fulfill applicable requirements for the entity seeking the license in China.

4. The United States acknowledges current pending requests by Chinese institutions, including by CITIC Group, and affirms that such requests will be considered expeditiously.

Article 4.3: Credit Rating Services

1. China affirms that a wholly U.S.-owned credit rating services supplier has been allowed to rate domestic bonds sold to domestic and international investors, including for the interbank market. China commits that it shall continue to allow U.S. service suppliers, including wholly U.S.-owned credit rating services suppliers, to rate all types of domestic bonds sold to domestic and international investors. Within three months after the date of entry into force of this Agreement, China shall review and approve any pending license applications of U.S. service suppliers to provide credit rating services.

2. Each Party shall allow a supplier of credit rating services of the other Party to acquire a majority ownership stake in the supplier’s existing joint venture.

3. The United States affirms that it accords non-discriminatory treatment to Chinese credit rating services suppliers.

Article 4.4: Electronic Payment Services

1. China shall accept any applications from a U.S. electronic payment services supplier, including an application of a supplier seeking to operate as a wholly foreign-owned entity, to begin preparatory work to become a bank card clearing institution within five working days of submission, and may make a one-time request within those five working days for any corrections or supplementary information. If such a request is made, China shall accept the application within five working days after the applicant has responded to that request. China shall make a determination with respect to the application, including an explanation of any adverse determination, within 90 working days of its acceptance.

2. No later than one month after a U.S. service supplier notifies China that it has completed its preparatory work, China shall accept the license application of such U.S. supplier, including any license application of Mastercard, Visa, or American Express, and shall make a determination with respect to the application, including an explanation of any adverse determination.

3. The United States affirms it accords non-discriminatory treatment to Chinese electronic payment service suppliers, including UnionPay.

Article 4.5: Financial Asset Management (Distressed Debt) Services

1. The Parties acknowledge the mutual beneficial opportunities in the distressed debt services sector and will work together to promote further opportunities in this sector.

2. China shall allow U.S. financial services suppliers to apply for asset management company licenses that would permit them to acquire non-performing loans directly from Chinese banks, beginning with provincial licenses. When additional national licenses are granted, China shall treat U.S. financial services suppliers on a non-discriminatory basis with Chinese suppliers, including with respect to the granting of such licenses.

3. The United States will continue to allow Chinese financial services suppliers to engage in acquisition and resolution of non-performing loans in the United States.

Article 4.6: Insurance Services

1. No later than April 1, 2020, China shall remove the foreign equity cap in the life, pension, and health insurance sectors and allow wholly U.S.-owned insurance companies to participate in these sectors. China affirms that there are no restrictions on the ability of U.S.-owned insurance companies established in China to wholly own insurance asset management companies in China.

2. No later than April 1, 2020, China shall remove any business scope limitations, discriminatory regulatory processes and requirements, and overly burdensome licensing and operating requirements for all insurance sectors (including insurance intermediation), and shall thereafter review and approve expeditiously any application by U.S. financial services suppliers for licenses to supply insurance services. In accordance with this commitment, China affirms that it has eliminated the requirement of thirty-years of insurance business operations for establishment of new foreign insurance companies.

3. The United States acknowledges current pending requests by Chinese institutions, including by China Reinsurance Group, and affirms that such requests will be considered expeditiously.

Article 4.7: Securities, Fund Management, Futures Services

1. Each Party shall, on a non-discriminatory basis, review and approve a qualified application of a financial institution of the other Party for a securities, fund management, or futures license. The Parties affirm that licensed financial institutions of the other Party are entitled to supply the same full scope of services in these sectors as licensed financial institutions of the Party.

2. No later than April 1, 2020, China shall eliminate foreign equity limits and allow wholly U.S.-owned services suppliers to participate in the securities, fund management, and futures sectors.

3. China affirms that it substantially reduced the high net asset value requirement on majority shareholders of securities services suppliers on July 5, 2019.

4. China affirms that existing U.S.-invested securities joint ventures are allowed to retain their existing licenses when they become U.S.-controlled, U.S. majority-owned, or wholly U.S.- owned securities companies.

5. The Parties shall ensure there are no discriminatory restrictions for private fund managers of the other Party. China shall ensure that there is no prohibition on U.S.-owned private fund managers investing in H shares (i.e., shares of mainland Chinese companies listed on the Hong Kong stock exchange) and that qualified U.S.-owned private fund managers may be approved to provide investment advisory services on a case-by-case basis.

6. The Parties affirm that there are no discriminatory restrictions for institutions of the other Party in futures products, including by allowing the institutions of the other Party to invest in the full scope of futures products in which domestic institutions can invest (including financial, interest-rate, and exchange-rate futures).

7. The United States acknowledges current pending requests by Chinese institutions, including by China International Capital Corporation, and affirms that such requests will be considered expeditiously.

CHAPTER 5

MACROECONOMIC POLICIES AND EXCHANGE RATE MATTERS AND TRANSPARENCY

Article 5.1: General Provisions

1. Each Party shall respect the other Party’s autonomy in monetary policy, in accordance with its domestic law.

2. The Parties recognize that strong fundamentals, sound policies, and a resilient international monetary system are essential to the stability of exchange rates, contributing to strong and sustainable growth and investment. Flexible exchange rates, where feasible, can serve as a shock absorber.

3. The Parties share the objective of pursuing policies that strengthen underlying economic fundamentals, foster growth and transparency, and avoid unsustainable external imbalances.

4. The Parties shall honor currency-related commitments each has undertaken in G20 communiqués, including to refrain from competitive devaluations and the targeting of exchange rates for competitive purposes.

Article 5.2: Exchange Rate Practices

1. Each Party confirms that it is bound under the International Monetary Fund (IMF) Articles of Agreement to avoid manipulating exchange rates or the international monetary system in order to prevent effective balance of payments adjustment or to gain an unfair competitive advantage.

2. Each Party should:

(a) achieve and maintain a market-determined exchange rate regime; and

(b) strengthen underlying economic fundamentals, which reinforces the conditions for macroeconomic and exchange rate stability.

3. The Parties shall refrain from competitive devaluations and not target exchange rates for competitive purposes, including through large-scale, persistent, one-sided intervention in exchange markets.

4. The Parties will communicate regularly and consult on foreign exchange markets, activities, and policies. The Parties will consult with each other regarding the IMF’s assessment of the exchange rate of each Party.

Article 5.3: Transparency

1. The Parties affirm that they shall continue to disclose publicly within the prescribed timeframes below:

(a) monthly foreign exchange reserves data and forward positions according to the IMF’s Data Template on International Reserves and Foreign Currency Liquidity, no later than 30 days after the end of each month;

(b) quarterly balance of payments for the sub-components of the financial account, including direct investment, portfolio investment, and other investment (loans and receivables), no later than 90 days after the end of each quarter; and

(c) quarterly exports and imports of goods and services, no later than 90 days after the end of each quarter.

2. The Parties reaffirm and shall continue to consent to the public disclosure by the IMF of:

(a) each IMF Article IV Staff Report on the country of the Party, including the exchange rate assessment, within four weeks of the IMF Executive Board discussion; and

(b) confirmation of the Party’s participation in the IMF COFER database.

3. If the IMF does not disclose publicly any items listed in paragraph 2 with respect to a Party, that Party shall request that the IMF disclose publicly those items.

Article 5.4: Enforcement Mechanism

1. Issues related to exchange rate policy or transparency shall be referred by either the U.S. Secretary of the Treasury or the Governor of the People’s Bank of China to the Bilateral Evaluation and Dispute Resolution Arrangement established in Chapter 7 (Bilateral Evaluation and Dispute Resolution).

2. If there is failure to arrive at a mutually satisfactory resolution under the Bilateral Evaluation and Dispute Resolution Arrangement, the U.S. Secretary of the Treasury or the Governor of the People’s Bank of China may also request that the IMF, consistent with its mandate:

(a) undertake rigorous surveillance of the macroeconomic and exchange rate policies and data transparency and reporting policies of the requested Party; or

(b) initiate formal consultations and provide input, as appropriate.

CHAPTER 6 EXPANDING TRADE

CHAPTER 7

BILATERAL EVALUATION AND DISPUTE RESOLUTION

Article 7.1: Bilateral Evaluation and Dispute Resolution Arrangement

1. To ensure prompt and effective implementation of this Agreement, the Parties establish the following Bilateral Evaluation and Dispute Resolution Arrangement (the “Arrangement”).

2. The purpose and mandate of the Arrangement are to effectively implement this Agreement, to resolve issues in the economic and trade relationship of the Parties in a fair, expeditious, and respectful manner, and to avoid the escalation of economic and trade disputes and their impact on other areas of the Parties’ relationship. The Parties recognize the importance of strengthened bilateral communications in this effort.

Article 7.2:  Arrangement Structure

1. High-level Engagement. The Parties shall create the Trade Framework Group to discuss the implementation of this Agreement, which shall be led by the United States Trade Representative and a designated Vice Premier of the People’s Republic of China. The Trade Framework Group shall discuss (a) the overall situation regarding implementation of this Agreement, (b) major problems with respect to implementation, and (c) arrangements for future work between the Parties. The Parties shall resume macroeconomic meetings to discuss overall economic issues, which shall be led by the United States Secretary of the Treasury and the designated Vice Premier of the People’s Republic of China. Both Parties shall make every effort to ensure that meetings of the Trade Framework Group and the macroeconomic meetings are efficient and oriented toward solving problems.

2. Daily Work. The Arrangement shall include a Bilateral Evaluation and Dispute Resolution Office for each Party.

(a) For the United States, the Bilateral Evaluation and Dispute Resolution Office shall be headed by a designated Deputy United States Trade Representative. For China, the Bilateral Evaluation and Dispute Resolution Office shall be headed by a designated Vice Minister under the designated Vice Premier.

(b) Each Party shall designate an official (the “designated official”) to assist in the work of the Arrangement. By the date of entry into force of this Agreement, each Party shall provide the contact information of its respective designated official. Each Party shall update such information as necessary.

(c) The Bilateral Evaluation and Dispute Resolution Offices shall (a) assess specific issues relating to implementation of this Agreement, (b) receive complaints

regarding implementation submitted by either Party, and (c) attempt to resolve disputes through consultations. In carrying out its work, each Bilateral Evaluation and Dispute Resolution Office may consult with government agencies with relevant expertise.

Article 7.3: Requests for Information

A Party may request at any meeting, or prior to a meeting, information from the other Party regarding a matter relating to the implementation of this Agreement. The other Party shall provide a written response containing the requested information. In the event that a Party is not able to provide the requested information, the response shall contain a specific explanation of why the information cannot be provided within the time limit and the specific date when the information will be provided. Nothing in this provision shall obligate a Party to provide confidential information to the other Party.

Article 7.4: Dispute Resolution

1. Appeal. Where one Party (the “Complaining Party”) believes that the other Party (the “Party Complained Against”) is not acting in accordance with this Agreement, the Complaining Party may submit an appeal (“Appeal”) to the Bilateral Evaluation and Dispute Resolution Office of the Party Complained Against. An Appeal shall be in writing and shall contain sufficient information to allow the Party Complained Against to make a proper assessment of the matter. The Appeal may, but need not, include information that could identify any company at issue or business confidential information. The Appeal and any information and matters related to it are confidential and shall not be shared beyond the Bilateral Evaluation and Dispute Resolution Office, absent the agreement of the Parties.

2. Scope of Appeal.

(a) The dispute resolution process covers all matters that occur after the date of entry into force of this Agreement.

(b) Any measure, including an action, of a Party taken prior to the date of entry into force of this Agreement, which is maintained or continues to have effect after that date, is also subject to the dispute resolution process. For an Appeal of such a measure, the Complaining Party shall provide to the Party Complained Against an explanation of the continuing effect of the measure.

3. Assessment. The Party Complained Against shall carry out and complete an assessment of the Appeal. The Party Complained Against shall consider the facts, nature, and seriousness of the issues presented by the Appeal. After the assessment is completed, the designated officials shall begin consultations.

4. Dispute Procedures. Both Parties will attempt to resolve the Appeal in the most efficient manner using the following procedures:

(a) If the Appeal cannot be resolved by the designated officials, the concerns may be raised to the designated Deputy United States Trade Representative and the designated Vice Minister. If the Appeal is not resolved at the deputy or vice- ministerial level, the Complaining Party may present the issue to the United States Trade Representative and the designated Vice Premier of the People’s Republic of China.

(b) If the concerns of the Complaining Party are not resolved at a meeting between the United States Trade Representative and the designated Vice Premier of the People’s Republic of China, the Parties shall engage in expedited consultations on the response to the damages or losses incurred by the Complaining Party. If the Parties reach consensus on a response, the response shall be implemented. If the Parties do not reach consensus on a response, the Complaining Party may resort to taking action based on facts provided during the consultations, including by suspending an obligation under this Agreement or by adopting a remedial

measure in a proportionate way that it considers appropriate with the purpose of preventing the escalation of the situation and maintaining the normal bilateral trade relationship. The Party Complained Against can initiate an urgent meeting between the United States Trade Representative and the designated Vice Premier of the People’s Republic of China before the effective date of the action to be taken by the Complaining Party. If the Party Complained Against considers that the action by the Complaining Party pursuant to this subparagraph was taken in good faith, the Party Complained Against may not adopt a counter-response, or otherwise challenge such action. If the Party Complained Against considers that the action of the Complaining Party was taken in bad faith, the remedy is to withdraw from this Agreement by providing written notice of withdrawal to the Complaining Party.

5. Notwithstanding the provisions of subparagraph 4(a), if either the United States Trade Representative or the designated Vice Premier of the People’s Republic of China considers that an implementation issue is a matter of urgency, either one may raise the matter directly at a meeting between them without prior discussions at lower level meetings. If such a meeting cannot be timely scheduled for this purpose, the Complaining Party may resort to taking action as provided in subparagraph 4(b).

Article 7.5: Implementation Period

The Arrangement shall be in effect at the same time as this Agreement and shall remain in place as long as this Agreement is in effect. The Parties may assess the Arrangement and discuss any necessary adjustments to it at Trade Framework Group meetings.

Article 7.6: Miscellaneous

1. The Parties affirm their existing rights and obligations with respect to each other under the WTO Agreement and other agreements to which the Parties are party.

2. In the event that a natural disaster or other unforeseeable event outside the control of the Parties delays a Party from timely complying with its obligations under this Agreement, the Parties shall consult with each other.

Annex 7-A

WORKING PROCEDURES OF THE

BILATERAL EVALUATION AND DISPUTE RESOLUTION ARRANGEMENT

Schedule of Meetings

1. Meetings of the Trade Framework Group shall be held every six months.

2. The macroeconomic meetings shall be held regularly.

3. The heads of each Party’s Bilateral Evaluation and Dispute Resolution Office shall meet on a quarterly basis.

4. The designated officials of each Party shall meet at least once a month.

5. During the first two years after this Agreement enters into force, the frequency of meetings may be increased as appropriate. Meetings may be held in person or through any means available to the Parties.

Responses to Requests for Information

Pursuant to Article 7.3, a Party shall respond within 15 working days to any requests for information from the other Party.

Dispute Resolution Timeline

1. Pursuant to Article 7.4.3, the Party Complained Against shall have 10 working days from the date of the receipt of the Appeal to carry out and complete an assessment of the Appeal.

2. Pursuant to Article 7.4.4(a):

a. The designated officials shall have 21 calendar days from the date of the receipt of the Appeal to reach a resolution.

b. If the Appeal is not resolved by the designated officials, the designated Deputy United States Trade Representative and the designated Vice Minister shall have 45 calendar days from the date of the receipt of the Appeal to reach a resolution.

c. If the Appeal is not resolved at the deputy or vice-ministerial level and the Complaining Party presents the issue to the United States Trade Representative and the designated Vice Premier of the People’s Republic of China, these officials shall hold a meeting within 30 calendar days from the date the Complaining Party requests such a meeting.

3. Pursuant to Article 7.4.5, if either the United States Trade Representative or the designated Vice Premier of the People’s Republic of China requests to meet on a matter of urgency, a meeting shall be scheduled within 30 calendar days from the date of receipt of that request.

4. The Parties may agree, in writing, to extend the time periods set forth in this Annex.

5. The calculation of working days in this Annex is based on the official calendar of the government of the Party Complained Against.

CHAPTER 8 FINAL PROVISIONS

Article 8.1: Annexes, Appendices, and Footnotes

The annexes, appendices, and footnotes to this Agreement constitute an integral part of this Agreement.

Article 8.2: Amendments

1. The Parties may agree, in writing, to amend this Agreement.

2. An amendment shall enter into force 60 days after the date on which the Parties exchange written notifications of the approval of the amendment in accordance with their respective applicable domestic procedures, or such other date as the Parties may decide.

Article 8.3: Entry into Force and Termination

1. This Agreement shall enter into force within 30 days of signature by both Parties or as of the date on which the Parties have notified each other in writing of the completion of their respective applicable domestic procedures, whichever is sooner.

2. Either Party may terminate this Agreement by providing written notice of termination to the other Party. The termination shall take effect 60 days after the date on which a Party has provided that written notice to the other Party, or on such other date as the Parties may decide.

Article 8.4: Further Negotiations

The Parties will agree upon the timing of further negotiations.

Article 8.5: Notice and Comment on Implementing Measures

Except as otherwise provided in this Agreement, each Party shall provide no less than 45 days for public comment on all proposed measures implementing this Agreement. Each Party shall consider concerns raised by the other Party in any final measure or amendment intended to implement this Agreement.

Article 8.6: Authentic Texts

The English and Chinese versions of this Agreement are equally authentic.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

DONE, at Washington, District of Columbia, in duplicate, this 15^th day of January, 2020.

FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA: UNITED STATES OF AMERICA: