美國在去年8月18日啟動對華貿易調查。它是基於以下意見對華制裁的。
“首先,中國運用行政審查和許可證程序來對在美國公司施壓,迫使其向中國作高科技術轉讓,削弱了美國公司在全球的競爭力。
First, China uses foreign ownership
restrictions, including joint venture requirements, equity limitations, and
other investment restrictions, to require or pressure technology transfer from
U.S. companies to Chinese entities.
China also uses administrative review and licensing procedures to
require or pressure technology transfer, which, inter alia, undermines the
value of U.S. investments and technology and weakens the global competitiveness
of U.S. firms.
其次,中國對美國企業的投資實施了特殊限制,尤其是以專利註冊,限制美國公司在華發展的專利註冊和技術轉移,以迫使美國公司向華轉讓專利高科技。
Second, China imposes
substantial restrictions on, and intervenes in, U.S. firms’ investments and
activities, including through restrictions on technology licensing terms. These restrictions deprive U.S. technology owners
of the ability to bargain and set market-based terms for technology
transfer. As a result, U.S. companies
seeking to license technologies must do so on terms that unfairly favor Chinese
recipients.
第三,中國政府透過中國企業向重要的美國高科技大量投資,以獲得尖端技術和知識產權,並在向中國企業進行大規模技術轉讓。
Third, China directs and facilitates the
systematic investment in, and acquisition of, U.S. companies and assets by
Chinese companies to obtain cutting-edge technologies and intellectual property
and to generate large-scale technology transfer in industries deemed important
by Chinese government industrial plans.
第四,中國以黑客入侵美國公司,盜取知識產權,商業秘密或機密商業信息,這些活動與中國的軍事現代化相關。
Fourth, China conducts and supports
unauthorized intrusions into, and theft from, the computer networks of U.S.
companies. These actions provide the
Chinese government with unauthorized access to intellectual property, trade
secrets, or confidential business information, including technical data,
negotiating positions, and sensitive and proprietary internal business
communications, and they also support China’s strategic development goals,
including its science and technology advancement, military modernization, and
economic development.
後語
需要特別留意,今次貿易戰的起因是高科技,不是一般的傾銷,如美國大豆等民用商品。除了黑客活動之外,只要美國限制其高科技公司註華,已基本上解決了問題,因些,筆者估計這場貿易戰不如想像中嚴重。
對香港人來說,可能是警號。港人熱愛投資,但對政治和經濟無知,以其所謂“目光”當作規律,也分不清楚真正的自身需要,不理解各類金融產品,可能要付出很大代價。
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備註
RESIDENTIAL MEMORANDA
Presidential Memorandum on the Actions by the United States
Related to the Section 301 Investigation
FOREIGN POLICY
Issued on: March 22,
2018
MEMORANDUM FOR THE SECRETARY OF THE TREASURY
THE UNITED STATES TRADE REPRESENTATIVE
THE SENIOR ADVISOR FOR POLICY
THE ASSISTANT TO THE PRESIDENT FOR ECONOMIC POLICY
THE ASSISTANT TO THE PRESIDENT FOR NATIONAL SECURITY AFFAIRS
THE ASSISTANT TO THE PRESIDENT FOR HOMELAND
SECURITY AND COUNTERTERRORISM
SUBJECT:
Actions by the United States Related to the Section 301 Investigation of
China’s Laws, Policies, Practices, or Actions Related to Technology Transfer,
Intellectual Property, and Innovation
On August 14, 2017, I directed the United States Trade
Representative (Trade Representative) to determine whether to investigate
China’s laws, policies, practices, or actions that may be unreasonable or
discriminatory and that may be harming American intellectual property rights,
innovation, or technology development.
On August 18, 2017, the Trade Representative initiated an investigation
under section 301 of the Trade Act of 1974, as amended (the “Act”) (19 U.S.C.
2411).
During its investigation, the Office of the United States
Trade Representative (USTR) consulted with appropriate advisory committees and
the interagency section 301 Committee.
The Trade Representative also requested consultations with the
Government of China, under section 303 of the Act (19 U.S.C. 2413). The USTR held a public hearing on October 10,
2017, and two rounds of public written comment periods. The USTR received approximately 70 written
submissions from academics, think tanks, law firms, trade associations, and
companies.
The Trade Representative has advised me that the
investigation supports the following findings:
First, China uses foreign ownership restrictions, including
joint venture requirements, equity limitations, and other investment
restrictions, to require or pressure technology transfer from U.S. companies to
Chinese entities. China also uses
administrative review and licensing procedures to require or pressure
technology transfer, which, inter alia, undermines the value of U.S.
investments and technology and weakens the global competitiveness of U.S.
firms.
Second, China imposes substantial restrictions on, and
intervenes in, U.S. firms’ investments and activities, including through
restrictions on technology licensing terms.
These restrictions deprive U.S. technology owners of the ability to
bargain and set market-based terms for technology transfer. As a result, U.S. companies seeking to
license technologies must do so on terms that unfairly favor Chinese
recipients.
Third, China directs and facilitates the systematic investment
in, and acquisition of, U.S. companies and assets by Chinese companies to
obtain cutting-edge technologies and intellectual property and to generate
large-scale technology transfer in industries deemed important by Chinese
government industrial plans.
Fourth, China conducts and supports unauthorized intrusions
into, and theft from, the computer networks of U.S. companies. These actions provide the Chinese government
with unauthorized access to intellectual property, trade secrets, or
confidential business information, including technical data, negotiating
positions, and sensitive and proprietary internal business communications, and
they also support China’s strategic development goals, including its science
and technology advancement, military modernization, and economic development.
It is hereby directed as follows:
Section 1.
Tariffs. (a) The Trade Representative should take all
appropriate action under section 301 of the Act (19 U.S.C. 2411) to address the
acts, policies, and practices of China that are unreasonable or discriminatory
and that burden or restrict U.S. commerce.
The Trade Representative shall consider whether such action should
include increased tariffs on goods from China.
(b) To advance the
purposes of subsection (a) of this section, the Trade Representative shall
publish a proposed list of products and any intended tariff increases within 15
days of the date of this memorandum.
After a period of notice and comment in accordance with section 304(b)
of the Act (19 U.S.C. 2414(b)), and after consultation with appropriate
agencies and committees, the Trade Representative shall, as appropriate and
consistent with law, publish a final list of products and tariff increases, if
any, and implement any such tariffs.
Sec. 2. WTO Dispute
Settlement. (a) The Trade Representative shall, as
appropriate and consistent with law, pursue dispute settlement in the World
Trade Organization (WTO) to address China’s discriminatory licensing
practices. Where appropriate and
consistent with law, the Trade Representative should pursue this action in
cooperation with other WTO members to address China’s unfair trade practices.
(b) Within 60 days of
the date of this memorandum, the Trade Representative shall report to me his
progress under subsection (a) of this section.
Sec. 3. Investment
Restrictions. (a) The Secretary of the Treasury (Secretary), in
consultation with other senior executive branch officials the Secretary deems
appropriate, shall propose executive branch action, as appropriate and
consistent with law, and using any available statutory authority, to address
concerns about investment in the United States directed or facilitated by China
in industries or technologies deemed important to the United States.
(b) Within 60 days of
the date of this memorandum, the Secretary shall report to me his progress
under subsection (a) of this section.
Sec. 4.
Publication. The Trade
Representative is authorized and directed to publish this memorandum in the
Federal Register.
DONALD J. TRUMP
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