The Standardization Administration of China (SAC), National Development and Reform Commission (NDRC), and the Ministry of Commerce (MOFCOM) jointly issued the Guiding Opinions on Foreign-Invested Enterprises' (FIE) Participation into China's Standardization Work on November 13, 2017, effective on the day of issuance. The original Chinese version can be accessed here.
The guidance states that FIEs will enjoy national treatment - or the same rights as those that are designated to domestic enterprises - in the participation of standardization work. FIEs can also participate in the drafting of national standards and translating national standards into foreign languages. FIE representatives may also participate in National Standardization Technical Committees as members or observers as well as participate in international standardization organization activities.
The guidance also states that the intellectual property rights (IPR) of FIEs shall be protected in the development of standards. A reference translation of the document can be found here for ANSI members.
While the guiding opinions can be viewed in a positive light, especially with regards to the role of the FIE, members should take note that it is a guidance document, which is not mandatory and does not provide for any recourse should these guiding opinions be violated. In cases where FIEs run into challenges regarding their participation or work in the technical committees, the final say still lies with the technical committee.
More information on ANSI's China program is available on ANSI's Standards Portal. Related questions and comments can be directed to [email protected].