USTR Report Highlights Trade Concerns with China’s Banking Opinions and Draft Counterterrorism Law

Apr 7, 2015

Reading Time : 1 min

China’s Banking Opinions

The Banking Opinions, along with recently published guidelines, appear to require with respect to certain ICT products, that (i) suppliers disclose to Chinese authorities the source code for such products; (ii) the intellectual property rights (IPR) attached to such products be “indigenous IPR” (i.e., owned or controlled by a Chinese person or entity) (iii) suppliers source from “controllable” supply chains (which may mean greater localization of vendors) and (iv) suppliers establish their own service centers in China and conduct research and development in China. Additionally, the Banking Opinions call for 75 percent of ICT products, services and technologies used by financial institutions in China to be “secure and controllable” by 2019.

In the 1377 Review, USTR noted that these rules may raise substantive concerns with respect to China’s obligations under the Agreement on Technical Barriers to Trade (the “TBT Agreement”), the General Agreement on Tariffs and Trade, the General Agreement on Trade in Services and the Agreement on Trade-Related Investment Measures.

China’s Draft Counterterrorism Law

Under the draft Counterterrorism Law, all telecommunications and Internet service providers operating in China would be required to (i) provide the Chinese government with “backdoors” and a copy of the encryption systems they use (ii) assist with decryption and (iii) store user data within China’s borders. Providers that do not comply with these requirements would not be allowed to operate in China. In the 1377 Review, USTR indicated that these provisions raise questions with respect to China’s obligations under the TBT Agreement. 

In mid-March 2015, it was announced that the National People’s Congress had suspended a third reading of the draft law. Senior Obama administration officials have raised concerns with their Chinese counterparts regarding both regulations.

Additional Information

USTR: 2015 Section 1377 Review on Compliance with Telecommunications Trade Agreements  

Ministry of Industry and Information Technology: The Guiding Opinions Regarding Application of Secure and Controllable Information Technologies to Strengthen Network Security and Information of the Banking Section

National People’s Congress: The Counterterrorism Law of the People’s Republic of China (Draft)

Share This Insight

Previous Entries

Trade Law

July 19, 2024

Views expressed by Alan Yanovich.1

...

Read More

Trade Law

February 9, 2023

With the enactment of the U.S. Inflation Reduction Act (IRA) and the announcement of the European Union (EU) Green Deal Industrial Plan, there is now a full-fledged subsidy war between the United States and the European Union. While these subsidies are meant to encourage green technologies, incentivizing firms to produce locally would seem to be an almost as important policy goal. And it is not limited to the U.S. and the EU. Global Trade Alert recently reported that, in 2022, production subsidies accounted for half of all trade-distorting measures, making it the mostly commonly used harmful trade policy measure.1

...

Read More

Trade Law

2023-01-26

At the end of last year, World Trade Organization (WTO) members agreed that the 13th Ministerial Conference (MC13) of the WTO will take place in Abu Dhabi, the capital of the United Arab Emirates (UAE), in February 2024. There is no doubt that the WTO is facing headwinds and is in need of a vigorous push forward. The UAE’s success in transforming itself into a global trade and digital hub and a leader in services trade could serve to drive a successful outcome at MC13.

...

Read More

Trade Law

2023-01-17

On December 21, 2022, the appeal arbitrators in the Colombia – Frozen Fries (DS591) World Trade Organization (WTO) dispute circulated their award (the “Award”). This was the second appeal conducted under Article 25 of the WTO’s Dispute Settlement Understanding (DSU) and the first appeal under the Multi-Party Interim Appeal Arbitration Arrangement (MPIA), a framework created by a group of WTO members to overcome the challenges posed by the non-operational Appellate Body.

...

Read More

Trade Law

2022-02-10

The United Kingdom just issued a new statutory instrument, effective immediately, which extends the authority to designate persons and entities under the U.K. sanctions against Russia.

...

Read More

Trade Law

2022-01-24

Washington, D.C. partner Kevin Wolf, London partner Jasper Helder and Emily Kilcrease with the Center for New American Security submitted a detailed comment to U.S. and EU export control authorities to help guide and inform efforts to rationalize U.S. and EU export controls.  It can also be a useful resource for anyone interested in the topic and wanting to understand the history and context to current export control policy issues. They note that the US-EU Joint Statement on the role and purpose of export controls “is far more significant than generally recognized because it is the first time the EU (represented by the EC) or any other US ally has stated so explicitly and publicly since the end of the Cold War an agreement with the US that export controls should be used to achieve country-specific and other policy objectives not directly related to weapons of mass destruction or conventional military items.”

...

Read More

Trade Law

2020-06-10

We are pleased to share a recording of Akin Gump’s webinar, “Protecting the Crown Jewels - New U.K. National Security Rules for Foreign Investment in a Post-COVID-19, Post-Brexit World.

...

Read More

© 2024 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.