Recently, the Ministry of Commerce (MOFCOM) has issued the Implementation Measures for Trade Policy Compliance (the "Measures"), which will take effect 30 days from the date of issuance.
According to the Measures, in the process of formulating trade policies, authorities under the State Council, as well as local governments at or above the county level and their departments, shall conduct compliance assessments of proposed policy measures in accordance with the principle of "those who formulate measures shall be responsible for their assessment." Compliance assessment is required as a necessary prerequisite before a trade policy is introduced. The Measures specify that when a trade policy is submitted for approval or deliberation in accordance with procedures, the written compliance assessment opinion shall be submitted together with the trade policy document. The written opinion shall include: a judgment on the compliance of the policy measures; and, where any compliance risks exist, identification of the specific WTO rules or the provisions of China's accession commitments that may be violated, along with proposed revisions. The Measures further provide that where a compliance assessment identifies potential inconsistency between a trade policy and WTO rules or China's accession commitments, the policy-formulating authority shall revise the policy as necessary based on the assessment opinion and explain the revisions in the materials submitted for approval or deliberation.