Exchange Database

U.S.-China Administrative Licensing Dialogue

The Office of the Chief Counsel for International Commerce hosted the third Administrative Licensing Dialogue in the Commerce Research Library. The Dialogue is held with China’s Ministry of Commerce under the Commercial Law Working Group of the Joint Commission on Commerce and Trade (JCCT). Previous Dialogues provided a venue in which government licensing and permitting experts from both countries exchanged information on key topics of administrative licensing law and practice; the second Dialogue was opened to businesses from the United States and China, to allow government entities to hear their concerns on licensing directly. This third event involved experts from the government, academic, and business communities and focused specifically on an aspect of administrative licensing crucial to businesses: judicial and administrative review of government licensing actions.
Outcomes: 
This third Administrative Licensing Dialogue was marked by extensive conversation between the experts and audience regarding both theoretical and technical aspects of administrative law practice and reform in both countries. The U.S. presenters laid out the Administration’s efforts to simplify licensing of infrastructure projects, EPA’s permitting process, and EPA’s appeals process, noting especially ways of appropriately handling conflicts of interest and confidential business information. China’s business representatives asked questions regarding the barriers they face seeking licenses at both the federal and state level; how the government deals with conflicts of interest and potential fraud; and how the EPA Environmental Appeals Board maintains its independence from improper influence. ACUS and EPA representatives provided extensive responses on these issues to help China better understand our system. The Chinese presentations underscored the enormous efforts underway in China to overhaul administrative law in general, and its licensing system in particular. Several U.S. and Chinese academics helped elucidate the complexities of Chinese law for the audience, and asked questions regarding the importance of judicial review and administrative reconsideration systems to foreign companies.
Government?: 
No
Type of Exchange: 
business
Partners: 
Office of the Chief Counsel for International Commerce
Chinese Ministry of Commerce
Participants (Types): 
Government officials, business leaders
Exchange Date: 
Tuesday, May 20, 2014 to Wednesday, May 21, 2014
Continuing: 
No
Image: 
Location: 
Washington, D.C.
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