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2011 report to congress - U.S.-China Economic and Security Review ...

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45Fortune Global 500, compared <strong>to</strong> just two American companies. 110<strong>China</strong>’s own list of the 500 biggest Chinese companies showed thatamong the <strong>to</strong>p 100 firms traded on the s<strong>to</strong>ck exchange, the governmentcontrolled the majority of the s<strong>to</strong>ck in 75. 111Chinese SOEs <strong>and</strong> Government ProcurementThe U.S. government has taken the position that <strong>China</strong>’sSOEs as well as provincial <strong>and</strong> local government agencies shouldbe considered as part of the Chinese government when procurementdecisions are being made. <strong>China</strong> has responded by insistingthat central, provincial, <strong>and</strong> local SOEs, <strong>and</strong> provincial <strong>and</strong> localgovernment agencies should not be considered as part of the governmentunder the WTO’s Agreement on Government Procurement(GPA). This would allow <strong>China</strong> <strong>to</strong> limit foreign companies’access <strong>to</strong> the lucrative procurement market. A country’s accession<strong>to</strong> the GPA is subject <strong>to</strong> negotiation between the applicant<strong>and</strong> GPA members. <strong>China</strong>’s refusal, so far, <strong>to</strong> include SOEs hasbeen one of the impediments <strong>to</strong> <strong>China</strong>’s accession <strong>to</strong> the 40-memberGPA, despite <strong>China</strong>’s promise in 2001 that it would sign theGPA ‘‘as soon as possible.’’By refusing <strong>to</strong> consider <strong>China</strong>’s state-owned sec<strong>to</strong>r as part ofthe government, <strong>China</strong> seeks <strong>to</strong> wall off a large portion of itseconomy from the GPA rules that members have agreed <strong>to</strong> abideby. These rules generally ensure foreign companies equitable access<strong>to</strong> central <strong>and</strong> local government procurement for goods <strong>and</strong>services. By seeking <strong>to</strong> exclude foreign firms from government<strong>and</strong> SOE contracts, <strong>China</strong> puts U.S. manufacturers <strong>and</strong> serviceproviders at a disadvantage.<strong>China</strong>’s latest offer <strong>to</strong> join the GPA was issued in July 2010.While the latest offer made certain improvements, there remainedsignificant shortcomings. For example, while the newoffer exp<strong>and</strong>ed the coverage of central government entities, itstill would not cover provincial or local government agencies orSOEs. 112 In 2009, the Chinese government estimated that itsprocurement market surpassed $100 billion, but this is a significantunderstatement of its true size. For example, the ChineseMinistry of Finance’s limited definition of government procurementspending does not include most government infrastructureprojects, <strong>and</strong> procurement by SOEs is not included, even whenSOEs perform government functions. 113 Fac<strong>to</strong>ring in all of theseconsiderations, the European Union Chamber of Commerce in<strong>China</strong> estimates the size of <strong>China</strong>’s government procurementmarket at $1 trillion. 114dkrause on DSKHT7XVN1PROD with $$_JOBVerDate Nov 24 2008 13:46 Nov 10, <strong>2011</strong> Jkt 067464 PO 00000 Frm 00057 Fmt 6601 Sfmt 6601 G:\GSDD\USCC\<strong>2011</strong>\067464.XXX 067464

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