
22 July 1998
TEXT: CONGRESSMEN OFFER WAY TO "END THE ANNUAL MFN CIRCUS"
(A New Framework for U.S.-China Economic Relations) (4270) Washington -- Senator Joe Lieberman (Democrat-Connecticut) and Representative Robert Matsui (Democrat-California) called for the renewal of most-favored-nation (MFN) trading status for China and introduced a new framework for U.S.-China economic relations. The two introduced "End the Annual MFN Circus," a paper written by Lieberman legislative assistant Naotaka Matsukata for the Progressive Policy Institute (PPI), during a July 21 Democratic Leadership Council (DLC) news conference. In his paper, Matsukata said the United States must continue to ride the momentum generated from President Clinton's visit to China by renewing its MFN trading status if it wishes to continue improving U.S.-China relations. "The MFN debates have only served to provide a platform for China critics to air their views and fire off negative legislation aimed at isolating China," Matsukata said. The United States needs to pursue a strategy, he said, that eliminates the annual MFN debate so that both countries can benefit from improved relations. Matsukata recommended three policy steps to better U.S. relations with China: -- China's accession to the World Trade Organization (WTO) on 'commercially viable terms'; -- Following WTO accession, Congress should amend Section 402 of the Trade Act of 1974, the Jackson-Vanik Amendment, to grant China permanent MFN status; and -- Finally, the President should lift any remaining economic sanctions on China. Following is the text of Matsukata's paper: (begin text) End the Annual MFN Circus A New Framework for U.S.-China Economic Relations By Naotaka Matsukata President Clinton's recent summits with Chinese President Jiang Zemin close a tense chapter in U.S.-Sino relations that began with the 1989 tragedy in Tiananmen Square. As the June summit demonstrated, the United States government has laid its bet on improving relations with China as the best way to ensure that this huge and growing power will become a constructive member of the world community. Yet the upcoming congressional debate over most favored nation (MFN) status for China threatens once again to derail the progress. U.S. economic relations with China have helped promote enormous social and political change in China. These changes have had a positive impact on the people of China, who are now experiencing higher living standards and greater political freedom. For the United States to continue influencing change in China, it must unite behind an aggressive and strong economic policy toward China. Just as the most recent summit concludes and the two nations attempt to move forward in building a new relationship, Congress is about to launch its annual debate to renew MFN trading status for China. Every year, U.S.-Sino relations have been complicated by this congressional intrusion into the executive branch domain. No other country is subjected to this kind of congressional micromanagement. The MFN debates have only served to provide a platform for China critics to air their views and fire off negative legislation aimed at isolating China. Pressure groups now use MFN as a club for a wide variety of purposes. The positive effects of U.S. trade and investment relations with China have been too little recognized during these MFN debates. This year's debate over President Clinton's decision to grant MFN to China carries greater significance than it has in the past. It comes at a time when U.S.-Sino relations are at their strongest in more than a decade, thanks in no small part to two summits. Almost all aspects of the relationship -- political, strategic, and especially economic-have improved since the last MFN vote in July 1997, and Beijing has pledged to broaden individual freedoms within China. In this environment of improving relations lies the opportunity to eliminate the annual MFN circus and to create a new framework for U.S.-China relations that satisfies both critics and advocates of the President's engagement policy. Building on the accomplishments of the summit, the Administration and Congress have a unique chance to challenge old assumptions and establish new goals with respect to economic relations with China. This analysis offers a strategy for eliminating the annual MFN debate and replacing it with a more constructive approach to relations with China. It calls for permitting China's accession to the World Trade Organization (WTO) to lock the country into a rules-based multilateral organization; granting China permanent MFN upon accession to the WTO to put some predictability into the economic relationship; lifting remaining economic sanctions that have been hurting United States interests more than they have been punishing China; and negotiating fundamental bilateral and multilateral economic agreements to put stability, reciprocity and normalcy into U.S. economic relations with China. Background For the past several years, China has been experiencing a dramatic transformation that is reshaping its economic and social landscape. It has grown into one of the largest economies in the world and is on track to become an important strategic player in the 21st century. China's Economy and the United States In the past decade, the Chinese economy has made steady progress, dramatically increasing the living standards of the average Chinese. In the last 25 years, China's economy has grown from the equal of the 1996 GDP of Ohio to the world's third largest. Between 1970 and 1996, China's GDP as a percentage of world GDP increased more than 300 percent from 3.2 percent to 10.5 percent. In the last ten years alone, China has doubled its GDP per capita and is on track to double it again in the next five years. China's economic significance to the United States has developed on a similar path. China is already the fifth largest trading partner of the United States and the sixth largest export market for U.S. agricultural goods. In testimony before the Senate Finance Committee last year, United States Trade Representative Charlene Barshefsky reported that exports to China support more than 170,000 U.S. jobs and thousands more indirectly. An examination of trade figures brings to light the growing magnitude of U.S. trade and investment relations with China. Two-way trade between the United States and China has increased almost ten fold between 1990 and 1997, increasing from $10.4 billion to $75 billion. U.S. foreign direct investment in China is also on the rise. Between 1995 and 1996, the stock of U.S. investment in China rose by 36 percent, from $1.9 billion to $2.9 billion. Looking to the future, it appears that China will continue to grow at a healthy pace. One economist has estimated that China's share of world income will grow from 8.8 percent in 1993 to as high as 15.5 percent in 2003. This expected rise in purchasing power by China's growing middle class holds enormous potential for U.S. exports. A rise in China's purchasing power will be paralleled by a projected 56 percent increase in two-way trade between the United States and China by the year 2000. Most impressive is the World Bank's estimate that China will have $750 billion in infrastructure needs over the next decade. China's Reforms For China to achieve its economic potential, China's new economic leadership must steer the country through a period of disruptive economic reforms. China's new economic czar, premier Zhu Rongji, has set an ambitious agenda that includes privatizing state-owned enterprises (SOEs), restructuring the banking industry, privatizing health care, and selling state-owned housing. These reforms are placing enormous economic and social pressures on China. Chinese leaders would like to weather these reforms by minimizing civil unrest and maintaining stable external relations. State-owned enterprises have traditionally dominated China's economy. Although some privatization and closings have diminished their influence, more than 300,000 SOEs still account for more than 30 percent of national output and 60 percent of total employment (1). In the first ten months of 1997, SOEs accounted for 56 percent of China's exports and 43 percent of its imports (2). The SOEs have also been running at a loss for sometime. From 1985 to 1996, the percentage of SOEs losing money has increased from 10 percent to more than 35 percent. As of 1994,more than 45 percent of China's SOEs have liabilities exceeding or equal to assets (3). In addition, more than 15 million workers in the past four years were laid off from state-owned industries and found new jobs in the emerging private sector. An additional 10 million workers remain officially employed by the state-owned sector, but are out of work. The enormous outflow of workers' is putting pressure on China's social order. There have been reports of government crackdown of riots in rural areas particularly effected by the shutdown of SOES. The problems are expected to get worse before reforms are completed and unemployment is expected to rise significantly. China's banking system is also in serious turmoil. The poor performance of the SOEs has contributed to bank insolvency and non-performing loans. It is estimated that several of China's largest banks are insolvent because their non-performing loans are greater in value than their own capital assets (4). Resolution of banking problems in China will take some time and depend upon sustained economic growth. The falling value of Asian currencies, in particular the weak yen, has slowed China's exports and increased economic pressures at home. Slower exports have had a particularly negative impact on SOES. Given the economic difficulties that have been brought about by reform and the current Asian financial crisis, it is astonishing that China has resisted devaluation of its currency and maintained domestic reform policies. If the steep decline of the Japanese yen and other currencies is not stopped, China may be forced to devalue its currency, setting off another set of competitive devaluations that would have devastating consequences on the economies of Asia and the economy of the United States. These economic and social reform efforts are slowing Chinese economic growth. Add to it the current economic crisis in Asia and WTO implementation commitments, and economic growth will be constrained for several more years. In the long term, however, China's economy may begin to resemble some of the macroeconomic characteristics of the United States economy, a vast continental economy that is self-sufficient in some of its natural resource needs and driven by domestic demand. Until China becomes a continental economy, it will rely heavily on favorable external economic conditions for economic growth and stability. China will need the United States market far more than the United States will need China's market for many years to come. Effecting Change in China The United States has had considerable success in promoting reform and change in China. After imposing a number of sanctions after the Tiananmen Square tragedy nine years ago, the United States has changed course and taken a more positive approach of engagement with China. As a result, economic, political, and strategic contact has increased and a number of important grassroots programs in areas such as building capability for the rule of law have developed between the two countries. China remains outside the group of countries that are perceived as responsible actors in the areas of international human rights, nonproliferation, religious freedom, and environment. Nonetheless, some progress is evident. China has agreed to participate in several important multilateral human rights organizations and most recently agreed to sign the International Covenant on Civil and Political Rights that guarantees freedom of thought, conscience, religion, and expression. China has also agreed to sign the International Covenant on Economic, Social, and Cultural Rights that guarantees the right of just and favorable conditions for work. In addition, the Chinese have agreed to consider giving the International Committee of the Red Cross access to Chinese prisons. John Kamm, a private citizen who seeks the release of political prisoners in China, has reported progress in working with Chinese leaders on the release of prisoners (5). The most encouraging sign of China's softening stance on human rights was its decision to release Wei Jingsheng late last year and Wang Dan earlier this year. In the last several years, the strategic dimension of the U.S.-China relationship has taken on a higher profile. Following the Taiwan Straits crisis in 1996, the United States and China have worked closely to bring greater transparency and better communication into the relationship. The November summit produced important advances in communication with an agreement to set up a hotline between Beijing and Washington for emergency situations and an agreement to develop a protocol to handle encounters at sea between U.S. and Chinese naval vessels. The recently concluded summit produced an agreement to detarget missiles aimed at each other. Trust and better communications will be necessary in order to work with China on resolving several important regional issues such as the future of Taiwan, Korean unification, nuclear proliferation in South Asia, and moderating ethnic tensions in Indonesia. China has shown some good faith in the area of nuclear proliferation. Although evidence suggests that China may have provided Pakistan with nuclear-missile technology sometime ago, it has agreed not to transfer any military nuclear technology to either Pakistan or India. The Chinese have also stopped exports of nuclear technology to Iran. They are less cooperative, however, on issues related to chemical and missile technology. The Chinese have a mixed record on environmental issues. At home, they have started to acknowledge the enormous need for pollution prevention and reduction. For example, more than 38 Chinese cities, including Beijing, are now publishing daily air quality reports, using new methods of transparency and openness to build public acceptance for industrial changes necessary to improve health standards. Bilaterally, the United States and China, under the umbrella agreement on science and technology, have taken measures to improve cooperation on sustainable development and the environment. The Chinese have cooperated with the United States on environmental issues in the Asia Pacific Economic Cooperation (APEC) forum, but have stonewalled the Framework Convention on Climate Change by refusing to participate in the reduction of greenhouse gases. In addition, the Chinese have not fully participated in the Montreal Protocol on Substances that Deplete the Ozone Layer, or the Convention on International Trade in Endangered Species. In each of these areas, the United States has the best opportunity to effect change in China by having as much contact with the Chinese as possible. For example, the public broadcast of President Clinton's press conference with President Jiang and his address at Beijing University were two of the more significant developments that have taken place in U.S.-Sino relations. Through these appearances, President Clinton was able to communicate directly with the people of China and speak to them in an honest and open manner about our differences and political values. By encouraging events such as these and by participating on the ground in China through established programs run by the International Republican Institute or the Asia Foundation, the United States has a better chance of promoting reform than by imposing punitive sanctions or leveling attacks from the floor of the House or Senate during the annual MFN debate. Policy Implications The first step toward a more stable relationship with China is for the U.S. House of Representatives to approve MFN this year by a wide bipartisan majority. A strong majority will propel Congress to the all-important stage of considering China's accession to the WTO and the granting of permanent MFN status. It will also provide the United States with more leverage to negotiate a favorable WTO accession package. Support China's Accession to the World Trade Organization Getting China into the WTO on "commercially viable terms" is key for a new U.S.-Sino economic framework. Bringing China under the umbrella of the WTO, a rule-based body, will enhance U.S. efforts to establish the rule of law in China and provide more stability in economic relations. For the past five years, the United States and China have been negotiating a package for China's WTO accession. Late in 1995, the United States identified a number of basic issues that had to be agreed upon before the United States supports China's entry into the organization. These issues included: meaningful market access, tariff reductions, trading rights, investment rules, safeguards against import surges into the U.S. market, elimination of import quotas, and whether China would be defined as a developing or developed economy at the rime of accession. Since that time, negotiations have progressed slowly but steadily and there is a consensus that China's accession might take place as early as the end of this year. For the United States to support China's entry into the WTO, the final package should include the following commitments: -- No transition period for fundamental obligations. China must be accepted into the WTO as an economically developed nation, not as a developing nation with privileges such as longer phase-in periods of WTO obligations; -- Real market access, including: - An average tariff rate of 8 percent; - The right of judicial appeal of administrative decisions. The Chinese must agree to eliminate arbitrary policy decisions by the government that subject foreign firms to the caprices of government agencies without the right of appeal or due process; - Basic trading rights to ensure that foreigners have the same right to import and export in China; - "National treatment" to ensure that foreign and Chinese goods, services, and investments are treated in the same manner; - The elimination of non-tariff barriers and increased of openness and transparency of process; - An agreement for services that includes the right to establish business without undue requirements upon China's accession, particularly in the areas of insurance, value-added telecommunications, financial services, distribution, and business services; and - The elimination of sanitary and food safety standards inconsistent with WTO standards. The Administration should also create enforcement mechanisms in the Office of the United States Trade Representative, the Commerce Department, and internationally to monitor China's implementation of its WTO obligations. Such a system would increase support in Congress for granting China permanent MFN, protect U.S. economic interests, and provide for a mechanism to pressure China during the implementation period. In addition, Congress and the Administration must provide China with incentives to maintain its current path of economic development. Accession to the WTO should be characterized as part of and not as the end of the process to bring China into the global economy. Genuine reform could, for example, lead to China's participation in the OECD and G-8. Grant China Permanent MFN After China accedes to the WTO, Congress should amend Section 402 of the Trade Act of 1974, the Jackson-Vanik Amendment, to grant China permanent MFN status (6). Since all countries except the United States have granted China permanent MFN, nothing would be gained by withholding it from China. It would only prevent the United States from taking full advantage of China's accession to the WTO and would seriously destabilize economic relations by creating friction in the relationship. In addition to granting permanent MFN, the United States should enter into an agreement with the Chinese that would require them to promote rule of law in China. A rule of law provision in the permanent MFN legislation will underscore the importance of the judicial and legal framework in enforcing commercial and individual rights. Such a provision will also reassure those members of Congress who continue to believe that MFN renewal should be linked to human rights performance. Such members have traditionally withheld their support for MFN on the basis that China is not improving its human rights record and that the United States should not have relations with countries that do not respect the individual rights of its citizens under law. China's authoritarian policies that limit individual rights are largely driven by a fear of social unrest and a lack of rule of law. The central government's fear of a popular uprising is well founded. Not only has China had a long history of revolutions against central authorities, but currently there is general civil unrest and severe economic dislocation as a result of economic reforms and the privatization of SOEs. In sharp contrast to its neighbor, Japan, with its long history of a highly centralized government and homogeneous population, the Mandarins in Beijing for centuries have had to juggle dozens of provinces with competing interests and varied ethnic backgrounds that have been traditionally suspicious of each other and of central authority. The United States can have an impact on improving conditions in China, not by sanctioning and cutting economic intercourse, but by promoting rule of law programs to train Chinese in civil and commercial law. Rule of law in China would provide U.S. companies protection against arbitrary administrative action, and more importantly, it would provide Chinese citizens with enforceable individual rights. In addition, permanent MFN legislation should institutionalize funding for new and ongoing grassroots programs in China. Additional programs similar to those administered by the National Endowment for Democracy, the International Republican Institute, the Asia Foundation, and a number of other NGOs in China should be supported with U.S. government funds. On-the-ground assistance and support of Chinese reforms will make the United States an integral partner in China's economic and political development. It will also provide members of Congress a more direct means of participating in China's reforms. Lift Remaining Tiananmen Sanctions After the Tianamnen tragedy, the United States suspended the activities of the Overseas Private Investment Corporation (OPIC), the Export-Import Bank of the United States, and the Trade Development Agency (TDA) in China. In addition, U.S. firms were prohibited export licenses for items on the U.S. Munitions list for export to China and were suspended from providing nuclear generation equipment to China. Since 1994, President Clinton has exercised his waiver privilege and reopened U.S. Export-Import Bank programs for China. One year after China is granted permanent MFN, the President should begin lifting any remaining economic sanctions on China. By waiting one year, the United States maintains some leverage to promote economic reform and rule of law development in China after granting permanent MFN status. If measurable progress is not evident, the President should maintain the Tiananmen sanctions. The President should open OPIC programs for China incrementally. Instead of opening OPIC up to China as a whole, he should only waive OPIC restrictions to the provinces that have met OPIC's human rights, labor, and environment standards. This would provide incentives for Chinese provinces-desperate for foreign investment-to begin taking action apart from Beijing and to compete with other provinces to improve provincial standards in the areas of human rights, labor conditions, and the environment. Institutionalize Economic Relations After the United States has agreed to China's WTO accession, granted China permanent MFN, and lifted all economic sanctions, it should take steps to institutionalize economic relations with China. Normalization would take place by entering into a series of bilateral agreements that provide reciprocal benefits and systematize economic interaction between the two countries. For example, the United States and China should pursue bilateral tax and investment treaties. In addition, the two countries should formalize consultations between their respective central banks and treasury and trade ministries. Conclusion Ever since the Tiananmen crisis, there have been pockets of resistance in the United States to a deeper economic engagement policy toward China. In particular, some members of Congress have advocated a tougher approach, calling for economic sanctions and at times advocating isolation of China. While their policy assumptions are too ideological to gain a substantive following, they have successfully prevented the United States from keeping pace with other nations convinced of China's emerging global significance. Unless a consensus China policy can be pursued, U.S. interests will suffer. Promoting closer economic relations and fostering stronger grassroots ties will unify public opinion on China and allow for closer and more stable relations with this unavoidable, rapidly emerging power. Ending the annual MFN debate is a crucial step toward developing this consensus on U.S. China policy. (Naotaka Matsukata is a legislative assistant to U.S. Senator Joseph I. Lieberman (D-CT) and teaches at the Paul H. Nitze School of Advanced International Studies of Johns Hopkins University. He holds a Ph.D. in history from Harvard University.) Endnotes 1. Harry G. Broadman, "The Chinese State as Corporate Shareholder," a paper prepared for the China/ WTO Accession Project (March 1998), P. 1. 2. Greg Mastel and Andrew Szamosszegi, "Can China Avoid the Asian Disease?" International Economy, (March/April 1998), p. 46. 3. Testimony of Nicholas Lardy before the Senate Foreign Relations Committee, May 22, 1997. 4. Ibid. 5. Testimony of John Kamm before the Subcommittee on Asia and the Pacific, Committee on International Relations of the U.S. House of Representatives, April 30,1998. 6. Since 1980, when the United States and China signed an agreement that set the basis for bilateral trade relations, the President of the United States has annually granted China Most Favored Nation status by waiving the Jackson-Vanik Amendment of the Trade Act of 1974. The President's waiver has then been subject to a congressional vote on a resolution of disapproval. The House of Representatives has for the past five years routinely defeated the resolution of disapproval, although last year 32 more representatives voted against the President's decision to waive the Jackson-Vanik Amendment than in the previous year. The Senate does not vote on the President's decision unless the House passes the resolution of disapproval. (end text)
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