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[Yearly Overview XVII for Commerce Work in 2018] Advance the Construction of Legislation and Provide Strong Guarantee for Commercial Reform and Development

In 2018, under the strong leadership of the CPC Central Committee with Comrade Xi Jinping as the core, MOFCOM firmly established the "four consciousnesses", resolutely achieved the "two safeguards", thoroughly implemented the spirit of the 19th Communist Party of China National Congress and the Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, comprehensively advanced the rule of law in commerce, and made positive progress in various tasks.

The commercial law system for a new era was established. MOFCOM actively built a new open economy system and implemented high-level opening up. The Foreign Investment Law (Draft) has been submitted to the Standing Committee of the National People's Congress for review. MOFCOM actively implemented the holistic approach to national security and ensured both development and security. The Export Control Law (Draft) has been submitted to the State Council for review by the Ministry of Justice. MOFCOM worked with the National People's Congress to formulate the E-commerce Law and improved the laws and regulations on cross-border e-commerce. Eight regulations in domestic trade circulation, attracting foreign investment, foreign trade, and trade relief have been formulated and revised. Important regulations and rules such as the Measures for the Management and Recycling of Scrap Motor Vehicles were formulated and revised.

Law-based administration of commerce was further promoted. First, we have vigorously improved the level of law-based administration of government. We formulated the Measures for the Formulation and Management of the Normative Documents of the Ministry of Commerce and the Measures for the Supervision and Inspection of Administrative Licenses, and carried out the supervision and inspection of administrative licenses. Second, we have resolved administrative disputes fairly and equitably. In 2018, we handled 11 administrative litigation cases, 121 administrative reconsideration cases and 4 administrative punishment cases and made efforts to "settle disputes and ensure everything is done after concluding cases." Third, we have thoroughly implemented the requirements for the reforms to streamline administration, delegate powers, and improve regulation and services. We orderly cleaned up the commercial regulations and documents in various areas, further abolished outdated regulations, simplified administrative procedures, and developed the non-public economy. Fourth, we have implemented the tasks of popularizing commercial laws. We formulated the work plan of the Ministry of Commerce on thoroughly studying, promoting and implementing the Constitution, and held the report meeting of the Party Leadership Group on studying and implementing the Constitution. We held two training courses on promoting the laws for national business system in Henan and Guangdong, and thoroughly promoted the key contents of the "7th Five-Year Plans" on popularizing laws such as law-based administration of government and investment disputes.

China-US economic and trade frictions were properly handled. We actively carried out relevant work to promote the high-level consultation on China-US economic and trade issues.

The process of key negotiations was accelerated. In the year, nine negotiations on China-EU investment agreement were held. The two sides exchanged list offers during the meeting between the two leaders at the 20th China-EU Summit and announced that the negotiations entered into a new phase. In the year, five rounds of the China-EU Geographical Indications Negotiations were conducted, which promoted the negotiations and achieved important phased progress. The China-Singapore and China-Mauritius Free Trade Agreements, which concluded this year, all contained high-level chapters on investment and will provide better institutional guarantee for our enterprises to invest in relevant countries. The negotiations on China-Kazakhstan and China-Angola investment agreements have achieved initial results. Memorandums of understanding were signed with Venezuela, Ecuador and Angola on investment agreements negotiations. We deeply participated in negotiations on RCEP, China-Japan-South Korea, China-South Korea, China-Pakistan, China-Norway and China-Israel free trade agreements.

Multilateral mechanisms were actively used to safeguard China鈥檚 legitimate rights and interests. We have successively appealed to the WTO regarding the US and Europe鈥檚 violations of Article 15 of China鈥檚 WTO Accession Protocol, the US Section 232 Measures for Steel and Aluminum, and the US 301 Measure. Now there are 10 lawsuits being filed. We have signed the executive agreement with the EU on the tariff quotas on poultry meat imports and Europe will open to China the quotas of more than 10,000 tons of poultry meat. We effectively converted the winning of the lawsuits of the WTO into industrial trade benefits. The first lawsuit against the US anti-subsidy measures achieved major initial victory in the stage of expert group, and the 11 US anti-subsidy measures were identified as violating the WTO rules. For the first time, we applied to the WTO for a trade retaliation authorization and applied for US$7 billion of the trade retaliation authorization regarding the US non-implementation of anti-dumping measures. Six lawsuits against China and international investment disputes were properly handled.

We actively participated in formulating international rules. We studied and proposed the reform plans on the WTO Appellate Body, jointly put forward proposals with 40 WTO members such as the European Union and actively solved the selection crisis of the Appellate Body. We actively participated in the discussions on the investment dispute settlement mechanism reform, and e-commerce work group of the United Nations Conference on Trade and Development, and the International Institute for the Unification of Private Laws, actively proposed the Chinese plans, and spoke up the Chinese voice. We extensively carried out multilateral and bilateral exchanges and cooperation on intellectual property rights.

We worked hard in the legitimate guarantee for the "Belt and Road". We actively cooperated with relevant departments to establish the "Belt and Road" dispute settlement mechanism and relevant institutional work. We cooperated with Shanghai International Import Expo to hold the "UN Convention on International Settlement Agreements Resulting from Mediation and China鈥檚 Opening-up Forum", promoted China's signing and joining of the UN Convention on International Settlement Agreements Resulting from Mediation, actively studied and promoted the property rights of the waybills of the China-Europe Railway Express, and set up "the Belt and Road" international freight rules.

In 2019, the Ministry of Commerce will thoroughly implement the spirit of the 19th National Congress of the Communist Party of China and the deployment of the Central Economic Work Conference, follow the guidance of the Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and focus on the goals of the commercial reform and development for a new era and the eight major action plans. We will build the commercial law system for a new era, comprehensively improve the level of law-based administration of government, properly handle trade and investment disputes, actively participate in global economic governance, and contribute to commercial reform and development.

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