2021-09-03-美中贸易全国委员会-中国国有企业的政府采购和销售（英）_27页_1mb

Analysis and Summary of "Government Procurement and Sales to State-Owned Enterprises in China: Challenges and Best Practices"

The report, published by the US-China Business Council in September 2021, examines the challenges faced by US companies in China's government procurement and sales to state-owned enterprises (SOEs). Despite efforts by the Chinese government to increase transparency and provide equal treatment, US firms report significant obstacles hindering fair access.

Key Challenges:

• Domestic Substitution: Chinese entities increasingly replace foreign products with those from majority-Chinese owned companies, particularly in sensitive sectors like ICT, healthcare, and advanced technology.
• Unclear Domestic Content Requirements: Lack of a clear definition for "domestic products" leads to inconsistent treatment in procurement.
• Vague Security Criteria: Evaluation processes often unfairly disadvantage foreign companies in sensitive sectors like ICT and healthcare.
• Inconsistent Implementation Across Provinces: Local variations in procurement rules create barriers for US firms.
• Regional Protectionism: Some regions favor local competitors in bidding processes.
• Restrictive Payment Methods: Some SOEs require acceptance of commercial bonds as partial payment.
• Price Pressures: Centralized procurement mechanisms negatively impact profitability for foreign companies.

Common Strategies:

• Joint Ventures (JVs): Partnering with majority-Chinese owners increases the likelihood of success in government procurement.
• Local Manufacturing: Establishing local operations and obtaining certifications can help address concerns regarding foreign brands.
• Engagement with Provincial Officials: Raising concerns directly with provincial leaders has sometimes yielded positive results.
• Strategic Alliances: Building relationships through non-equity partnerships or participation in standards-setting committees.
• Highlighting Local Commitment: Emphasizing local presence, R&D investment, job creation, and tax contributions may improve reception.

Sensitive Industries:

• ICT: Faces severe restrictions due to security concerns and the promotion of domestic alternatives.
• Healthcare: Experiences growing exclusion of imported medical equipment and complex tender processes.
• Technical Equipment: Subject to opaque evaluation criteria and local content requirements.

The report concludes that while adaptations like joint ventures offer temporary relief, the long-term effectiveness of these strategies depends heavily on US-China relations and the possibility of joining the WTO's Government Procurement Agreement (GPA).