CPTPP Provisions on SOEs:Rules,Evaluation and Coping Strategies
The regulation of state-owned enterprises (SOEs) is an important direction of the American model of high-standard international economic and trade rules represented by the Comprehensive and Progressive Agree-ment for Trans-Pacific Partnership (CPTPP). From the point of view of the core propositions,it generally involves the definition and scope of application,non-discriminatory treatment and commercial considerations,non-commer-cial assistance,transparency,dispute settlement mechanism,exception clauses and other aspects. Based on the rele-vant provisions of the CPTPP on SOEs,combined with the commitments of China's accession to the WTO related to SOEs,the relevant rules of the signed free trade agreement,and the existing contracting practices such as the opening of the pilot free trade zone and free trade port,China's SOEs have met the requirements of most of the pro-visions of the CPTPP on SOEs,but it is necessary to objectively assess the potential risks caused by several specific matters,such as the scope of SOEs,the distinction between commercial and non-commercial activities,the reduc-tion of anti-subsidy thresholds,and the difficulty in information disclosure. The suggestions focus on the following six aspects:building the standard for the identification of comprehensive SOEs in China,accelerating the implemen-tation of the classification reform of SOEs,promoting the reform of government subsidy mechanism,gradually im-proving the transparency of SOEs,making full use of exception clauses,and giving play to the experimental func-tion of the rules of pilot free trade zones.
CPTPPprovisions on SOEsnon-discriminatory treatmentcommercial considerationsnon-commercial assistance