CONFIDENTIAL

CHINA'S MOST FAVOURED NATION STATUS (MFN)

Background

1. The US's foreign trade policy towards China under MFN

enables the latter's imports into the US, to be exempt from punitive tariffs. MFN is a GATT related concept and allows

China (a non-GATT member) to enjoy the same import tariff

rates on its exports to the US as any GATT member.

2.

A decision on the renewal of MFN has to be taken by the President annually by 3 June in each year. Since Tiananmen

there has been stiff resistance to renewal both in the

Senate and the House of Representatives because of China's

performance in a number of areas including human rights,

intellectual property, and non-proliferation. The Senate

and House have tried both to overturn renewal and to attach

conditions to renewal. The President's decision on renewal

can be challenged in either House or Senate by a two thirds majority vote.

3.

In the past we have lobbied at the highest levels in the

US Administration, and our Washington embassy and the Hong

Kong Government have lobbied on Capitol Hill. Last year the

Prime Minister discussed the issue with President Bush who

said how useful this lobbying had been in the run up to his

decision and there is no doubt that the lobbying contributed to his decision being maintained in the face of subsequent

adverse voting in the Senate and House.

4. If MFN for China is not renewed the effects on Hong

Kong's economy could be very serious. Even conditional

renewal could be damaging as it would bring about

uncertainty in the markets and lead to an erosion of

confidence in Hong Kong as a major trading and financial centre. The US is still Hong Kong's biggest market, and in

1991 re-exports of China origin to the US amounted to

HK$104 billion, representing 19% of Hong Kong's total

NESADH/2

CONFIDENTIAL

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