AmCham-China

SOLD OUT:
Breakfast Discussion with US Bilateral Investment Treaty Negotiation Team
8:30 - 10:30 AM, Monday, July 13 – Office of O’Melveny & Myers, LLP
 

Please join representatives from the US Department of State, Department of Treasury, Department of Commerce, and Office of the US Trade Representative for a breakfast discussion on the US-China Bilateral Investment Treaty negotiations.

The US government and the Chinese government are continuing preliminary discussions on the negotiation of a Bilateral Investment Treaty with the PRC.  The structure and scope of the negotiating process can dramatically affect the terms of any resulting US-China BIT -- with significant ramifications for US companies doing business in China. The US BIT negotiation team will provide an update on the negotiations and would like input from the American business community on the direction and priorities for the BIT negotiations.

A BIT based on the US model text might offer substantial benefits to US businesses--but it raises many questions.

The US model BIT calls for national treatment of foreign investors and foreign investments at the “pre-establishment” phase. Such terms would prohibit the Chinese government from discriminating between Chinese and US investors in reviewing and authorizing investments, granting business licenses, and other governmental actions necessary to “establish” a covered investment. Implementing a pre-establishment national treatment obligation would require the overhaul of much of China’s foreign investment regime.  How far must China go for the overhaul of its foreign investment scheme to be meaningful?

- Given the opacity of Chinese administrative and judicial practice and the discretion conferred on officials, how effectively can the non-discrimination terms of a BIT be enforced?  How effectively can Chinese compliance with the national treatment obligations be monitored?  Is it necessary to draft the BIT with specific presumptions, evidentiary burdens, or standards to allow inferences of discrimination when the public record is murky?

- What are the ramifications of the FOREX provisions?

- How likely are US companies to assert claims against the Chinese government under the BIT?

- What sectors and concessions should be our top priorities?

US Department of State
Wesley Scholz, Director of the Office of Investment Affairs
Michael Tracton, Bilateral Investment Treaty Coordinator, Office of Investment Affairs
Lee Caplan, Attorney Adviser, Office of the Legal Adviser

US Department of the Treasury
Andrew Jewell, International Economist, Office of International Investment
Gary Sampliner, Senior Counsel, Office of the General Counsel  

Office of the US Trade Representative
Daniel Bahar, Director for Investment Affairs, Office of Services and Investment
J. Sloane Strickler, Assistant General Counsel, Office of the General Counsel
Audrey Winter, Deputy Assistant USTR for China Affairs, Office of China Affairs

US Department of Commerce
Jeff Kozlowicki, International Trade Specialist, International Trade Administration
Joel Blank, Senior Attorney, Office of the Chief Counsel for International Commerce

Program:
8:30 - 9:00 AM Registration
9:00 - 10:30 AM Discussion and Q&A
 
Venue:
Offices of O'Melveny & Myers LLP
Yin Tai Center, Office Tower, FL 37, 2 Jianguomenwai Avenue
86 10-6563-4200

A light breakfast of assorted pastries and beverages will be provided.

Registration:
If you have any inquiries, please send an e-mail to Fannie Chen (fchen@amchamchina.org).