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司禮監:美歐日發表《聯合聲明》精準打擊中國!

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美歐日昨天(2020年1月14日)發表《聯合聲明》,呼籲世界貿易組織對政府補貼實施更嚴格的限制。評論稱,該建議針對的是中國經濟模式的核心部分,旨在堵住中國政府「利用」的WTO規則中的漏洞。

美國、歐盟和日本已就所謂「中國政府支持的資本主義模式」加大了對中國方面的壓力,呼籲世界貿易組織對政府補貼實施更嚴格的限制。

美國川普政府在解決貿易問題上,罕見向盟友尋求,美歐日1月14日發表了一份聯合聲明,提議制定更嚴格的全球規則,以防止中國企業依靠政府支持獲得對外國對手的優勢。

報道指出,美歐日提出建議的規則變化針對的是中國經濟模式的核心部分,提議呼籲在WTO範圍內更廣泛地禁止各種形式的政府支持,並要求各國政府採取更多行動,證明對企業的援助不會扭曲貿易行為。

評論稱,該提議相當於一份聯合宣言,旨在堵住美國和其他國家所聲稱的中國政府利用的WTO規則中的漏洞。

歐盟貿易專員菲霍根表示:

「這是朝著解決扭曲全球貿易的一些基本問題邁出的重要一步,歐盟一直認為,多邊解決方案可以有效地解決這些問題。

分析稱,通過與東京和布魯塞爾達成協議,可能有助於川普政府轉移外界的批評,即川普與中國達成的協議未能解決工業補貼問題,美國與盟友合作不夠,未能向中國政府施壓。

美國、日本和歐盟希望通過一項「多邊」協議來實施這些計劃。根據這項協議,一個國家聯盟將同意實施這些措施。

這樣一項協議不需要所有164個世貿組織成員的支持才能生效,只對參與國有約束力。

這份長達3頁的提案將擴大世貿組織現有補貼禁令的範圍,因為一些「市場和扭曲貿易的」做法目前並不違法。這些計劃還將要求各國政府證明,某些被允許的國家援助形式不會提供不公平的優勢,或導致市場供應過剩。

歐盟官員1月14日表示,他們已經發現了一些中國政府勾銷其向企業提供貸款,以及向破產企業提供巨額補貼的案例。

聯合聲明還重申了美國、歐盟和日本的呼籲,要求中國停止強迫外國公司與中國合作夥伴分享技術。

聲明稱,這種「不公平的做法與基於市場原則的國際貿易體系不一致,損害了增長和發展」。

以下是《聯合聲明》全文:

Joint Statement of the Trilateral Meeting of the Trade Ministers of Japan, the United States and the European Union

Mr. KAJIYAMA Hiroshi, Minister of Economy, Trade and Industry of Japan, Ambassador Robert E. Lighthizer, United States Trade Representative, and Mr. Phil Hogan, European Commissioner for Trade, met in Washington, D.C. on14 January2020.

On industrial subsidies, the Ministers discussed ways to strengthen existing WTO rules on industrial subsidies and agreed upon the following:

1. The current list of prohibited subsidies provided for in Article3.1 of the Agreement on Subsidies and Countervailing Measures(ASCM) is insufficient to tackle market and trade distorting subsidization existing in certain jurisdictions. Therefore, new types of unconditionally prohibited subsidies need to be added to the ASCM. These are:

unlimited guarantees;

subsidies to an insolvent or ailing enterprise in the absence of a credible restructuring plan;

subsidies to enterprises unable to obtain long-term financing or investment from independent commercial sources operating in sectors or industries in overcapacity;

certain direct forgiveness of debt.

Ministers agreed to continue working on identifying the scope of prohibitions and additional categories of unconditionally prohibited subsidies.

2. Certain other types of subsidies have such a harmful effect so as to justify a reversal of the burden of proof so that the subsidizing Member must demonstrate that there are no serious negative trade or capacity effects and that there is effective transparency about the subsidy in question. Subsidies having been discussed in this category include, but are not limited to: excessively large subsidies; subsidies that prop up uncompetitive firms and prevent their exit from the market; subsidies creating massive manufacturing capacity, without private commercial participation; and, subsidies that lower input prices domestically in comparison to prices of the same goods when destined for export. If such subsidy is found to exist and the absence of serious negative effect cannot be demonstrated, the subsidizing Member must withdraw the subsidy in question immediately.

Ministers agreed to continue working on the scope of such provisions, and to identify additional instances of harmful subsidization and their scope.

3. The current rules of the ASCM identify in Article6.3 instances of serious prejudice to the interests of another Member. However, these instances do not refer to situations where the subsidy in question distorts capacity. An additional type of serious prejudice linked to capacity should be therefore added to Article6.3 ASCM. Further, work will continue on a provision defining the threat of serious prejudice.

4. The current rules of the ASCM do not provide for any incentive for WTO Members to properly notify their subsidies. Therefore, the state-of-play of subsidies notifications is dismal. Hence, a new strong incentive to notify subsidies properly should be added to Article25 ASCM, rendering prohibited any non-notified subsidies that were counter-notified by another Member, unless the subsidizing Member provides the required information in writing within set timeframes.

5. The current rules of the ASCM are insufficiently prescriptive when it comes to the determination of the proper benchmark for subsidies consisting of the provision of goods or services or purchase of goods by a government in situations where the domestic market of the subsidizing Member is distorted. Therefore, the ASCM should be amended to describe the circumstances in which domestic prices can be rejected and how a proper benchmark can be established, including the use prices outside of the market of the subsidizing Member.

6. The Ministers observed that many subsidies are granted through State Enterprises and discussed the importance of ensuring that these subsidizing entities are captured by the term「public body」. The Ministers agreed that the interpretation of「public body」 by the WTO Appellate Body in several reports undermines the effectiveness of WTO subsidy rules. To determine that an entity is a public body, it is not necessary to find that the entity「possesses, exercises or is vested with governmental authority.」 The Ministers agreed to continue working on a definition of"public body" on this basis.

On forced technology transfers, the Ministers reaffirmed that technology transfer between firms in different countries is an important part of global trade and investment. Technology transfer that is fair, voluntary and based on market principles can be mutually beneficial for growth and development. They also reaffirmed that when one country engages in forced technology transfer, it deprives other countries of the opportunity to benefit from the fair, voluntary and market-based flow of technology and innovation. These unfair practices are inconsistent with an international trading system based on market principles and undermines growth and development.

The Ministers discussed possible elements of core disciplines that aim to prevent forced technology transfer practices of third countries, the need to reach out to and build consensus with other WTO Members on the need to address forced technology transfer issues and their commitment to effective means to stop harmful forced technology transfer policies and practices, including through export controls, investment review for national security purposes, their respective enforcement tools, and the development of new rules.

The Ministers also took stock of the progress on the discussion and the joint actions on the following items and agreed to continue cooperating on them:

the importance of market oriented conditions for a free, fair, and mutually advantageous trading system;

reform of the WTO, to include increasing WTO Member compliance with existing WTO notification obligations and pressing advanced WTO Members claiming developing country status to undertake full commitments in ongoing and future WTO negotiations;

international rule-making on trade-related aspects of electronic commerce at the WTO; and

international forums such as the Global Forum on Steel Excess Capacity and the Governments/Authorities』 Meeting on Semiconductors.

責任編輯: 李廣松   轉載請註明作者、出處並保持完整。

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