MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF
THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA CONCERNING MARKET ACCESS
In recognition and furtherance of the principles and objectives of the Bilateral Agreement on Trade Relations and consistent with the principles of the General Agreement on Tariffs and Trade (GATT) and other relevant international agreements, the Government of the United States of America (U.S. Government) and the Government of People's Republic of China (Chinese Government) have agreed as follows:
ARTICLE I TRANSPARENCY
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1. The Chinese Government will publish on a regular and prompt basis all laws, regulations, rules, decrees, administrative guidance and policies pertaining to the classification or valuation of products for customs purposes, or to rates of duty, taxes or other charges, or to requirements, restrictions or prohibitions on imports or exports or the transfer of payments therefore, or affecting the sale, distribution, transportation, insurance, warehousing, inspection, exhibition, processing, mixing or other use of imports or exports. Such information will include the quantity or value to be imported of any product subject to quantitative restriction, the types of products intended to be imported, and other relevant commercial information, such as projects which could involve imported products. Publication of such information and measures will be in a manner which enables governments and traders to become acquainted with and apply them.
The provisions of this paragraph, however, do not require disclosure of confidential information which would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of particular enterprises, public or private. For the purposes of this Memorandum of Understanding (MOU), confidential information that could prejudice the legitimate commercial interests of a particular enterprise means specific information concerning the importation of a product that would have a significant adverse effect on the price or quantity available of such product, but shall not include information required to be disclosed under the GATT and related agreements.
2. Such laws, regulations, rules, decrees, administrative guidance and policies referred to in paragraph 1 that are not published and made available to other governments and traders as of the date of signature of this MOU will be published and made available within twelve months thereafter. The Chinese Government will issue regulations, to go into effect within 12 months of the signing of this MOU, which will provide that only