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China MFN [2]
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China MFN [2]
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These records pertain to China's Most Favored Nation status.
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Originally Processed With FOIA(s): FOIA Number: 2012-1098-F 2012-1098-F FOIA MARKER This is not a textual record. This is used as an administrative marker by the George Bush Presidential Library Staff. Record Group/Collection: George H.W. Bush Presidential Records Collection/Office of Origin: Legislative Affairs, White House Office of Series: Dyer, James W., Files Subseries: OA/ID Number: 08451 Folder ID Number: 08451-006 Folder Title: China MFN [2] Stack: Row: Section: Shelf: Position: G 20 11 6 1 LLOYD BENTSEN, TEXAS, CHAIRMAN DANIEL PATRICK MOYNIHAN, NEW YORK BOB PACKWOOD. OREGON MAX BAUCUS, MONTANA BOB DOLE KANSAS DAVID L BOREN. OKLAHOMA WILLIAM V. ROTH. JR. DELAWARE BILL BRADLEY. NEW JERSEY JOHN C. DANFORTH. MISSOURI GEORGE J. MITCHELL. MAINE JOHN H. CHAFEE, RHODE ISLAND DAVID PRYOR. ARKANSAS JOHN HEINZ. PENNSYLVANIA DONALD W. RIEGLE, JR., MICHIGAN DAVID DURENBERGER. MINNESOTA United States Senate JOHN D. ROCKEFELLER IV. WEST VIRGINIA WILLIAM L ARMSTRONG. COLORADO TOM DASCHLE, SOUTH DAKOTA STEVE SYMMS, IDAHO COMMITTEE ON FINANCE JOHN BREAUX, LOUISIANA WASHINGTON, DC 20510-6200 VANDA 8. McMURTRY, STAFF DIRECTOR AND CHIEF COUNSEL EDMUND J. MIHALSKI, MINORITY CHIEF OF STAFF June 19, 1991 Dear Mr. President: Congress will decide in the next few weeks whether to accept your recommendation and extend most favored nation trade status to China. We are writing to share our concerns. In the debate over the appropriate U.S. policy towards China, one thing is clear: China's behavior must change. The United States has serious human rights and foreign policy concerns with China. Every American remembers the vivid images of the Tiananmen massacre. In the two years since Tiananmen Square, evidence of democratic reform has been scant at best. We also have learned of Chinese sales of advanced missiles to Syria and Pakistan, and of nuclear technology sales to Algeria. There are credible reports that China has forced political prisoners to produce goods for export to the U.S. The United States also has serious economic concerns with China. The U.S. Trade Representative's annual report on foreign trade barriers lists ten pages of Chinese barriers. China maintains restrictions including a preclusive licensing system, discriminatory testing and certification standards, and outright import bans. China also fails to protect U.S. intellectual property, resulting in enormous losses to U.S. producers of films, books, chemicals and pharmaceuticals. Moreover, the Administration has allowed China to dictate U.S. policy towards Taiwan, declining to support Taiwan's GATT application despite clear economic benefits to the U.S. The United States cannot continue to tolerate Chinese intransigence. We must tailor active responses to our wide ranging concerns. But MFN is the wrong tool for the job. Revoking MFN would not promote human rights in China. Instead, it would punish China's most progressive regions and Hong Kong. Revoking MFN also would hurt Americans. China is an important market for U.S. goods ranging from wheat to airplanes. If MFN were revoked, China almost certainly would retaliate against U.S. exports. The Australians, Canadians, Europeans and Japanese are ready to fill the void. No other country is contemplating cutting off China's MFN status. We believe the Administration must be more active in addressing American concerns with China. You have taken meaningful steps in some areas. You have moved to protect U.S. intellectual property under provisions of the 1988 Trade Act. You also have taken steps to restrict certain technology transfers to China in response to its missile and nuclear sales. These steps are examples of the types of actions the U.S. should take. 4546 NATIONAL SECURITY COUNCIL WASHINGTON D.C. 20506 June 18, 1991 CC., SH MEMORANDUM FOR PHILIP BRADY FROM: WILLIAM F. SITTMANN SUBJECT: Talking Points for June 19 Bipartisan Congressional Meeting At Tab A are the Points to be Made for the Bipartisan Congressional meeting with the President on June 19. Attachment Tab A Points to be Made cc: Fred McClure TAB-A POINTS TO BE MADE FOR MEETING WITH BIPARTISAN CONGRESSIONAL MEETING -- In my message to the Congress arguing the case for MFN for China, I told you I want to work with you. : Today, I would like to begin with a few points and then get your views. : First, I remain as deeply concerned as anyone with the continuing human rights abuses in China. I have told China's leaders in no uncertain terms. We all seek progress there -- I firmly believe MFN is the strongest tool we have to bring about long-term positive change in China. Ten years of trade and openness set in motion the forces we saw in those protests at Tiananmen. : We should not put this tremendous advantage at risk. We should not give the hardliners in China an opportunity -- by placing conditions on MFN -- to use conditionality as a nationalist pretext to turn away from the West. Our China policy is a package approach. When there are opportunities to cooperate with China -- in the UN, Korea, Cambodia -- we will do SO. Since I announced this year's decision on MFN at Yale, and because of that decision, the Chinese have responded positively. They will join the talks in Paris on my Middle East Arms Control initiative. This will help us tackle the issue of missile proliferation. : Nonetheless, where there are problems in China I will not kowtow, I will take action. I have already done so on human rights, trade, and missile proliferation. 2 You know we still have sanctions on OPIC, TDP, international lending that is not for Basic Human Needs, all military sales and high-level exchanges. -- We have designated China a priority country under Special 301 for copyright pirating; we have lifted Chinese textile visas in retaliation for illegal third-country transfers; we will soon begin market access talks. -- The Chinese have responded with a mission that contracted for over a billion dollars in U.S. exports, and they say more will follow. : We have acted to press China to conform to international standards on missile transfers. There will be no new satellite licenses or high-speed computer transfers to China until it meets those standards. There will be no transfers of missile technology or equipment to Chinese companies engaged in proliferation. -- I am not sitting on my hands. I am prepared to do more when circumstances require. -- We also need to step back from the emotions of the moment and calculate our long-term national interests. -- We are the only trading nation in the world that would contemplate removing or conditioning MFN. If we pull back, we isolate ourselves, not China. We hurt our businesses and help our competitors. : We may not like it, but China is a necessary part of the solution to some important problems. It has a veto in the UN Security Council. 3 -- The system that rules China today will not change dramatically overnight. But that system cannot insulate itself from inevitable change. -- I believe the best course is to use economic involvement -- and all the human interchanges that go with it -- to encourage long-term evolution in China. I think the announcement on Middle East arms control helps prove the point. -- Now I would like to hear your views. CARD 1 OF 5 POINTS TO BE MADE FOR MEETING WITH BIPARTISAN CONGRESSIONAL MEETING : IN MY MESSAGE TO THE CONGRESS ARGUING THE CASE FOR MFN FOR CHINA, I TOLD YOU I WANT TO WORK WITH YOU. : TODAY, I WOULD LIKE TO BEGIN WITH A FEW POINTS AND THEN GET YOUR VIEWS. : FIRST, I REMAIN AS DEEPLY CONCERNED AS ANYONE WITH THE CONTINUING HUMAN RIGHTS ABUSES IN CHINA. I HAVE TOLD CHINA'S LEADERS IN NO UNCERTAIN TERMS. WE ALL SEEK PROGRESS THERE - - I FIRMLY BELIEVE MFN IS THE STRONGEST TOOL WE HAVE TO BRING ABOUT LONG-TERM POSITIVE CHANGE IN CHINA. TEN YEARS OF TRADE AND OPENNESS SET IN MOTION THE FORCES WE SAW IN THOSE PROTESTS AT TIANANMEN. : WE SHOULD NOT PUT THIS TREMENDOUS ADVANTAGE AT RISK. WE SHOULD NOT GIVE THE HARDLINERS IN CARD 2 OF 5 CHINA AN OPPORTUNITY -- BY PLACING CONDITIONS ON MFN -- TO USE CONDITIONALITY AS A NATIONALIST PRETEXT TO TURN AWAY FROM THE WEST. : OUR CHINA POLICY IS A PACKAGE APPROACH. WHEN THERE ARE OPPORTUNITIES TO COOPERATE WITH CHINA -- IN THE UN, KOREA, CAMBODIA -- WE WILL DO so. | SINCE I ANNOUNCED THIS YEAR'S DECISION ON MFN AT YALE, AND BECAUSE OF THAT DECISION, THE CHINESE HAVE RESPONDED POSITIVELY. THEY WILL JOIN THE TALKS IN PARIS ON MY MIDDLE EAST ARMS CONTROL INITIATIVE. THIS WILL HELP US TACKLE THE ISSUE OF MISSILE PROLIFERATION. : NONETHELESS, WHERE THERE ARE PROBLEMS IN CHINA I WILL NOT KOWTOW, I WILL TAKE ACTION. I HAVE ALREADY DONE so ON HUMAN RIGHTS, TRADE, AND MISSILE PROLIFERATION. CARD 3 OF 5 -- YOU KNOW WE STILL HAVE SANCTIONS ON OPIC, TDP, INTERNATIONAL LENDING THAT IS NOT FOR BASIC HUMAN NEEDS, ALL MILITARY SALES AND HIGH-LEVEL EXCHANGES. -- WE HAVE DESIGNATED CHINA A PRIORITY COUNTRY UNDER SPECIAL 301 FOR COPYRIGHT PIRATING; WE HAVE LIFTED CHINESE TEXTILE VISAS IN RETALIATION FOR ILLEGAL THIRD-COUNTRY TRANSFERS; WE WILL SOON BEGIN MARKET ACCESS TALKS. : THE CHINESE HAVE RESPONDED WITH A MISSION THAT CONTRACTED FOR OVER A BILLION DOLLARS IN U.S. EXPORTS, AND THEY SAY MORE WILL FOLLOW. -- WE HAVE ACTED TO PRESS CHINA TO CONFORM TO INTERNATIONAL STANDARDS ON MISSILE TRANSFERS. THERE WILL BE NO NEW SATELLITE LICENSES OR HIGH-SPEED COMPUTER TRANSFERS TO CHINA UNTIL IT MEETS THOSE STANDARDS. THERE WILL BE NO CARD 4 OF 5 TRANSFERS OF MISSILE TECHNOLOGY OR EQUIPMENT TO CHINESE COMPANIES ENGAGED IN PROLIFERATION. : I AM NOT SITTING ON MY HANDS. I AM PREPARED TO DO MORE WHEN CIRCUMSTANCES REQUIRE. -- WE ALSO NEED TO STEP BACK FROM THE EMOTIONS OF THE MOMENT AND CALCULATE OUR LONG-TERM NATIONAL INTERESTS. -- WE ARE THE ONLY TRADING NATION IN THE WORLD THAT WOULD CONTEMPLATE REMOVING OR CONDITIONING MFN. IF WE PULL BACK, WE ISOLATE OURSELVES, NOT CHINA. WE HURT OUR BUSINESSES AND HELP OUR COMPETITORS. : WE MAY NOT LIKE IT, BUT CHINA IS A NECESSARY PART OF THE SOLUTION TO SOME IMPORTANT PROBLEMS. IT HAS A VETO IN THE UN SECURITY COUNCIL. I THE SYSTEM THAT RULES CHINA TODAY WILL NOT CHANGE DRAMATICALLY OVERNIGHT. BUT THAT CARD 5 OF 5 SYSTEM CANNOT INSULATE ITSELF FROM INEVITABLE CHANGE. -- I BELIEVE THE BEST COURSE IS TO USE ECONOMIC INVOLVEMENT AND ALL THE HUMAN INTERCHANGES THAT GO WITH IT -- TO ENCOURAGE LONG-TERM EVOLUTION IN CHINA. I THINK THE ANNOUNCEMENT ON MIDDLE EAST ARMS CONTROL HELPS PROVE THE POINT. -- NOW I WOULD LIKE TO HEAR YOUR VIEWS. Hanry - ok 6/18 June 14, 1991 Please Send FYI Dear Dean: Copies Dyer Thank you for your recent letter to the President regarding the extension of Most Favored Nation trade Andres - Thanks status to the People's Republic of China. We appreciate being advised of your suggestions on how the President may be able to gain Congressional & approval for this measure. I have taken the liberty of sharing your note with the President's national security and foreign policy advisors for their review and consideration. Thank you again for your interest in writing. With best regards, Sincerely, Frederick D. McClure Assistant to the President for Legislative Affairs The Honorable Dean A. Gallo House of Representatives Washington, D.C. 20515 FDM:JHH: bcc: w/ copy of inc to NSC - for direct response bcc: w/ copy of inc to Dept. of State - FYI 245601 Emocure Congress of the United States House of Representatives Dean A. Gallo Washington, D. C. 20515 Eleventh District New Jersey June 12, 1991 Dear Mr. President: I am writing to express my concern about the upcoming consideration of further extension of Most Favored Nation trade status for the People's Republic of China. I want to tell you frankly, Mr. President, that I have not yet decided how I will vote when this issue comes to the floor of the House. While at this point I would be unlikely to support a total rejection of extending MFN, I believe that the mood of the House is moving in that direction. In order to forestall such action by the House, I urge you to consider accepting certain human rights conditions, such as those suggested by Representative Pelosi in her bill HR 2212. I believe that Congress' growing sense of frustration with the Chinese government would be tempered by your agreement that future extensions will not be granted automatically, without regard for China's human rights record. Dean Sincerely, DEAN A. GALLO Member of Congress The President of the United States The White House Washington, D.C. 20500 ID# 247222 THE WHITE HOUSE CORRESPONDENCE TRACKING WORKSHEET INCOMING TA005 DATE RECEIVED: JUNE 18, 1991 NAME OF CORRESPONDENT: MR. L. OAKLEY JOHNSON SUBJECT: ENCLOSES HANK GREENBERG'S OP-ED IN SUPPORT OF EXTENSION OF MFN FOR CHINA WHICH APPEARED IN THE NEW YORK TIMES ACTION DISPOSITION ROUTE TO: ACT DATE TYPE C COMPLETED OFFICE/AGENCY (STAFF NAME) CODE YY/MM/DD RESP D YY/MM/DI JOHN SUNUNU ORG 91/06/18 C91/06/21 REFERRAL NOTE: Bobbie Kilberg CS I 9/16/24 C/1 REFERRAL NOTE: Jim Dyer I 9/16/24 C// REFERRAL NOTE: F / / / / REFERRAL NOTE: / / / / REFERRAL NOTE: COMMENTS: ADDITIONAL CORRESPONDENTS: MEDIA:L INDIVIDUAL CODES: CS MAIL USER CODES: (A) (B) (C) *ACTION CODES: *DISPOSITION *OUTGOING * * * *CORRESPONDENCE: * *A-APPROPRIATE ACTION *A-ANSWERED *TYPE RESP=INITIALS * *C-COMMENT/RECOM *B-NON-SPEC-REFERRAL * OF SIGNER * *D-DRAFT RESPONSE *C-COMPLETED * CODE = A * *F-FURNISH FACT SHEET *S-SUSPENDED *COMPLETED = DATE OF * *I-INFO COPY/NO ACT NEC* * OUTGOING * *R-DIRECT REPLY W/COPY * * * *S-FOR-SIGNATURE * * * *X-INTERIM REPLY * * * REFER QUESTIONS AND ROUTING UPDATES TO CENTRAL REFERENCE (ROOM 75,OEOB) EXT-2590 KEEP THIS WORKSHEET ATTACHED TO THE ORIGINAL INCOMING LETTER AT ALL TIMES AND SEND COMPLETED RECORD TO RECORDS MANAGEMENT. AMERICAN INTERNATIONAL GROUP, INC. 1455 PENNSYLVANIA AVENUE, N. W., SUITE 900 WASHINGTON, D.C. 20004 PHONE: 202 / 783-2452 L. OAKLEY JOHNSON TELEX: 6491100 AIG WSH VICE PRESIDENT FAX: 202 / 737-6811 June 14, 1991 The Honorable John H. Sununu Chief of Staff to the President The White House Washington, D.C. 20500 Dear Governor Sununu: In the event you might have missed it, you might be interested in the attached article that appeared recently in the New York Times in which our Chairman, Hank Greenberg, argued for the extension of MFN for China. Sincerely yours, THE NEW YORK TIMES, Sunday, June 9, 1991 Resist the Urge to Punish China By M. R. GREENBERG EVOKING most-favored-nation tariff treat- R ment for China would be shortsighted and Revoking most-favored- detrimental to American policy in Asia. While satisfying understandable desires on the nation status would part of many to punish China for its human rights abuses and other behavior we deplore, such a step would be counterproductive to critical American signal that we have given goals and detrimental to American farmers, man- ufacturers, consumers and investors. up on this key country. Countries that receive most-favored-nation treatment are not "most favored," but merely get age change. But their influence will be felt only if the same tariff rates on their exports to the United there is genuine interchange. States as virtually all other countries. In fact, this Revoking most-favored-nation status would vir- treatment keeps the wheels of international com- tually end the dialogue, leading to canceled trade merce moving in a nondiscriminatory fashion. orders and fewer investments and commercial Withdrawing most-favored-nation treatment opportunities. It would also inflict severe harm on from a country that has had it for more than 10 Hong Kong, through which flow more than two- years would be more than a signal of displeasure. thirds of Chinese exports to the United States. It would suggest that we have given up on trying to To ignore the strategic importance of China or work with China to resolve problems that divide to pretend it can be manipulated, would be foolish. us. It would also reinforce the position of hard- While American investment, technology, exports liners, postpone the development of more open and markets have helped many Asian countries economic policies, stifle emerging economic zones become economic powerhouses, Japan has recent- of southern China and impose suffering on the ly supplanted the United States as the largest people of China. Investor and trading partner in most of these markets. European countries, which automatical- This is not to say that Americans should remain ly grant most-favored-nation status to China, are silent. We should express concerns over human also increasingly active. rights issues. We should fight hard for strong intellectual property safeguards in China and fair T HAT is why the United States must stay the treatment of foreign investment, and we should course. It is tempting to conclude that the try .to halt the spread of Chinese missiles and Bush Administration's pragmatic Chinese nuclear technology to other countries. policies have yielded little fruit and that they are But at the same time, we must encourage the the wrong policies. But only if we continue the Chinese to follow policies to open Chinese markets dialogue and work to expand contacts, trade and to foreign investment, not close them. And such investment between our countries will the United reforms will result only from increased economic, States have any hope of influencing China and educational and cultural contacts with the outside remaining a major economic player in Asia. For world. My company, founded in China early in this these reasons, most-fayored-nations treatment century, has learned, as others have, that you can must be renewed. only influence the Chinese through dialogue and the steady building of relationships. The Chinese M. R. Greenberg is chairman of American Inter- alone will determine the pace of their reform. national Group Inc., an insurance company based Western governments and businessey can encour- in New York. SENT BY:Xerox Telecopier 7020 ; 6-21-91 :10:36AM : 12024561647- 20245662216# 2 THE WHITE HOUSE WASHINGTON MEETING WITH MFN COALITION REPRESENTATIVES JUNE 21, 1991 / THE ROOSEVELT ROOM / 2:00 P.M. Anderson, Don President U.S.-China Business Council Archey, Bill Vice President International Division U.S. Chamber of Commerce Beckner, Paul President Citizens for a Sound Economy Berg, Rebecca J. Director of Federal Public Affairs Sea-Land Services Bonnano, Phyllis Executive Vice President Warnaco Boutwell, Wayne President Council of Farmer Cooperatives Cohen, Calman Executive Director Emergency Committee for American Trade (ECAT) Datt, John Washington Representative American Farm Bureau Federation Folsom, R.D. Vice President R. Duffy Wall & Associates Garcia, Ray Vice President Rockwell International Gates, Bruce Vice President National Association of Wholesale Grocers of America Gavin, Joe Associate Washington Representative & Director of Trade Policy US Council for International Business SENT BY:Xerox Telecopier 7020 ; 6-21-91 10:37AM ; 12024551647- 2024566221;# 3 Heard, Keith Executive Vice-President National Corn Growers Association Johnson, Mike Vice President FMC Corporation Johnson, Oakley Vice President American Insurance Group Johnson, Mike Director, Washington Office McCamish, Martin, Loeffler Judd, Arden Vice President Dresser Industries Kernan, Tim Director for Congressional Relations Fluor Corporation Mangione, Peter President Footwear Distributors and Retailers McCoy, Steve President North American Export Grain Association Morris, Judge R.K. Vice President National Association of Manufacturers 'Flaherty, Dan Vice President National Foreign Trade Council Parker, Dave President The Aluminum Association President Trade Association Liaison Council Schlansky, Mark Vice President McDonnell Douglas Schwartz, Elizabeth Manager, Congressional Affairs Boeing Corporation SENT BY:Xerox lelecopier 7020 ; 0-21-91 10.37AM , 120245010477 2024500221 4 Schwenson, Carl Executive Vice President National Association of Wheat Growers Stawick, Dave Assistant Vice President National Corn Growers Association Van Fleet, Mark Director of Asia-Pacific Affairs U.S. Chamber of Commerce Warker, Peter Director of International Affairs TRW, Inc. 20245662215# 2 Telecopier 7020 ; 6-18-91 12:19 THOMPSON & COMPANY RCV BY:Xerox U.S. Importersand Exporters Brace For Ending of China Trade Status By MRHARL DUCKWORTH and thus damage long-term American Wall Steff Reporter of THE WALL. STREET JOURNAL competitiveness on the mainland, and per- NEW YORK-Some U.S. importers are haps In all of Asia. "In lthe China market. preparing to make painful adjustments If you need to make long-term commit- Street Congress revokes China's most-favored-na- ments." says Ed Morrison. publisher of the tion trading states. But at the same time. China Trade newsletter in Cambridge, many U.S. exporters and companies with Mass. "If we keep going through this ritual operations in China say they will stick to every year of trying In beat the Chinese tournal their long-term commitments. over the head. we're undermining our own If China does lose its MPN status, U.S. long term economic Interest." tariffs on imports of many Chinese-made Routine Convention goods would Jamp. particularly those on MFN status Is a routine International clothing and toys. Levies on those Items would rise to 65% or more, from current convention under which one country grants another the lowest tariff levels available. levels of 10% or less. foreing many im- 6/17 The U.S. accords the status to more than porters to spend much time and money to find new sources. Some clothing im- 100 countries, usually permanently. But un- porters. unwilling to weather the height- der the 1974 Trade Act, the MFN status of ened uncertainty surrounding the current communist countries must be renewed pf- annual review of China's trade status. ther annually or semiannually. have already done so, For U.S. Importers of Chinese apparel U.S. exporters and companies Invested and toys. the stakes this year are high. For In China, meanwhile, appear willing to en- instance. the levy on non-knitted apparel would rise to 65% from 6.5%. while that on dure. If necessary. higher tariffs on Chl- nese goods and the trade retailation from men's trousers would jump to 90% from Beljing that removal of MFN status would 7.7%. Last year. the U.S. Imported $3.3 bil. likely bring. These companies say they are llon of apparel from China. looking further ahead, to the time when "We're talking about a lot of dollars they believe China's market potential will here," says Lee Abraham. chairman of As- become a reality. U.S. exports to China sociated Merchandising Corp.. a buying totaled $1.8 billion last year. syndicate for department-store chains and "We're In this for the long run." says discount retailers. Glenn Stelnman, vice president of Monarch "Most buyers are very diversified and Importers, the exclusive U.S. agent for have contingency plans to shift production Tsingtao beer for the past 13 years. Adds to domestic locations or other places where an official at McDonnell Douglas Corp., import quotas have not been met already," which with its partner stands to lose a $7 says Commerce Department spokeswoman Patricia Woodward. billion airplane contract If the U.S. revokes If China loses Its MFN status. Mr. China's MFN status: "We're not going to turn tall and run." Abraham says, many buyers will switch to Last month. President Bush said he other cheap sources-such as the Philip- would renew China's trade status. But Con- pines and Turkey for children's wear, and Latin America for knitted items. Still. gress-seeking to sanction Beijing for al- leged human-rights abuses. unfair trading making alternative sourcing arrangements practices and weapons-sales prolifera- is costly and time consuming. "It takes better than a year to find tion-is expected to approve a resolution by the end of August that would revoke areas with extra quota. find the right kind China's MFN privileges or link conditions of facility that can produce the high qual- to them. Congressional proponents hope to ity of goods you need for your customers in muster enough votes to override an al- the price bracket you want." says Kay most-certain vrio by Mr. Bush. Daines, chairman of the National Retail In addition to the direct threat to their Federation. which is spearheading the Job- current business, many U.S. executives ar. bying campaign for MFN renewal on be- half of U.S. retailers. gue that removal of China's MFN status would jar the delicate Sino-U.S. rapport Moves by Toy Importers Like those In the garment trade. U.S. importers of stuffed toys are preparing for a possible jump in tariffs. "We're very happy with our relation- ship with China and obviously In favor of MFN continuation." says Glenn Bozarth. spokesman for Mattel Corp., which has two toy-making joint ventures in China's spe- clal economic zones. "We haven't scaled down operations and don't plan to, but we do have contingency plans to alter ship- ping and production If necessary." Mattel has sufficient flexibility to avoid wholesale relocation of Its China factories. If tariffs rise, Mattel plans to ship more of its China output to its rebust European market and shift some production car marked for the U.S. to factories in Malay sia and Mexico. Other toy manufacturers will be looking to Taiwan and Korea for al- ternative sourcing. Extended Page 6.1 ware many U.S. importers worry about maintaining American market share If China's MFN status Is revoked, U.S. ex. porters face a different danger: potential trade retallation by Beijing. For instance. MFN removal could doom American Telephone & Telegraph Co.'s hope of catching up with rivals Alcatel N.V. of France, NEC Corp. of Japan and Stemens AG of Germany, which together control about 60% of China's nascent tele- communications market. The company, now planning an aggressive expansion of its one-factory base in China, expects the coming year to be decisive in terms of market penetration. MFN removal would bring A "severe destruction of the trade relationship at a critical juncture for AT&T," says Chris Padilla, the company's manager of govern- ment relations. Wall Street Journal China's New Software Protection Rules MONDAY, JUNE 17, 1991 WE SA Are Called Inadequate by U.S. Official McDonnell Douglas Sets Pacts to Develop By JAMES MCGREGOR for software it now uses. But some pri- Staff Reporter of THE WALL STREET JOURNAL vately say that this estimate is vastly in- BEIJING-China's new computer soft. liated. MD-95 Twin-Jet, to Be Built in China ware protection rules are too riddled with U.S. officials said Saturday that the Joopholes to provide adequate protection software rules showed some progress from for foreign software makers. according to early drafts. The rules would give 50 years By RICK WARTZMAN the U.S. chief trade negotiator with of copyright protection-an Initial 25-year Stall Reporter of THE WALL STREET JOURNAL mal amount to develop. given that the China. period that is renewable for another 25 McDonnell Douglas Corp. said it signed project is a direct offshoot of the MD-90, Joseph Massey, assistant U.S. trade years-while the earlier draft limited pro- memorandums of understanding with a whose own development cost only about representative for China. who ended a five- tection to 25 years. & COMPANY- Chinese aircraft production company. en- $350 million. "It's really a very modest" day visit here Saturday. said the major The Chinese also dropped language re- gine maker Prait & Whitney and North- expense, said McDonnell Douglas's chief problem Is that the regulations appear to quiring software makers to provide the west Airlines that are expected to lead to financial officer. Herbert Lanese. protect newly invented software but leave software "source code" when registering the development of a 105-seat twin-jet. Northwest, a unit of NWA Inc. of St. existing software vulnerable to continued their product in China. Software makers Speaking at a news conference at the Paul, Minn., has agreed to evaluate the piracy. feared that providing this basic key to the Paris Air Show, the St. Louis-based com- new aircraft. The airline currently oper- "We have a great deal of concern that software's design would make pirating pany said the new aircraft will be called ates 142 McDonnell Douglas DC-9s, the the protection is not 'up to international easier. It is still unclear what Information the MD-95. With preliminary design al- largest such fleet In the world. Larry standards," Mr. Massey said. "The protec- software makers will be required to pro- ready under way, McDonnell Douglas said, Kahn, a Northwest vice president. indi- tion does not extend to already published vide, however, because registration rules the aircraft could begin commercial serv- cated that the MD-95 has some features In works." haven't been published. ice as early as 1995. common with the DC-9 that could help On June 13, China's Ministry of Ma- China also backtracked a bit on an ear- The plane will be based on the com- Northwest manage parts provisioning. chine Buikling and Electronics unvelled lier plan to offer no protection to software pany's MD-90 jet, and would he assembled maintenance, and pllot and maintenance the country's first regulations for copy- that Is first published outside of China. In RCV BY:Xerox Telecopier 7020 6-18-91 THUMPSON in China. Last April, China's Ministry of training. "We are optimistic the MD-95 right protection of computer software. The the new rules. software first published Aeronautics and Astronauties Industry could serve well our expanding domestic 40-article measure Is designed to fill In the overseas will be protected In China If the agreed to enter final negotiations with system," he said. details that were left unspecified in China's software maker registers the product in McDonnell Douglas over a co-production Pratt & Whitney, a division of United first copyright law, which went into effect China within 30 days. contract for MD-90s. The MD-95 program Technologies Corp. of Hartford, Conn., will June 1. The soltware rules take effect This clause, however, leaves all soft- would be a direct offshoot of that arrange- supply engines from Its family of JT8D-200 Oct. 1. ware published anywhere In the world be. ment. The Chinese already build McDon- series power plants. Discussions are con- China is under the gun to quickly Im- fore Oct. 1. 1991. as fair game for pirating nell Douglas MD-80 airliners. tinuing with other engine manufacturers. prove its protection of software and other in China. Analysts said that China may "We have established a good foundation McDonnell Douglas said. intellectual property because the U.S. has have created this huge loophole as a future with our co-production agreement for MD- Separately from the air show, Enralair begun action that could result in retalla- negotiating play. The Idea Is that by Ini- 80s, and we are confident that It can lead S.A., a French charter airline, said it tion. In April, China, along with India and tially offering U.S. software makers no to further cooperation with McDonnell placed firm orders for two long-range ver- Thalland, was named a "priority country" protection for existing software. the U.S. Douglas," Tang Xinoping, executive vice sions of Boeing Co.'s new jettiner, the 777. under so-called Special 301 provisions of will later accept a compromise that pro- president of China National Aero-Technol- The order-the first by a European opera- the 1988 trade act. tects China from paying royalties on soft- agy ment. Import/Export Corp., said in a state- for for the two-engine, wide-body aircraft- By putting them on the list, the U.S. ware the country has already pirated. One was valued at about $300 million. was announcing that It considers China scenario is that China will eventually com- The MD-95 would be the smallest mem- Also, Canadair Group of Bombardier and the other two nations to be the world's promise by giving copyright protection to ber of the McDonnell Douglas twin-jet fam- Inc. said II signed a $100 million contract worst violators of International norms of new versions of existing software. ily. It will be 122.5 feet long, or about three with Boeing to manufacture rear fuselage protecting copyrights, patents, trade- Mr. Massey said that while U.S. and feet longer than the DC-9 Series 30, the air- sections for the 767 passenger jet. The 31- marks, trade secrets and other Intellectual Chinese negotiators are narrowing their craft It will replace for many carriers. foot sections are made up of four large property. differences on copyrights, there has been The MD-95 is expected to cost a mini- components containing more than 3,400 The listing triggers a six-month Investi- no progress on patents. U.S. chemical and separate parts. gation after which the U.S. can Impose Im- pharmacentical makers maintain that port duties and other retaliation aimed at China routinely violates their patents by obtaining financial compensation for U.S. copying their products and paying no roy- companies that lose money due to inade- alties. China's 1984 patent law protects pro- quate protection. U.S. software makers cesses, not products. So If the Chinese contend they lose more than $400 million slightly alter a manufacturing process, annually because China pays no royalties they copy any product they want. RCV BY:Xerox Telecopier 7020 ; 6-18-91 ; 12:21 THOMPSON & COMPANY- 20245662216# 4 Chinese Warn U.S. About Trade Status Beijing Rejects Conditions, Revocation By Don Oberdorfer lowest possible export duties to the and Lens H. Sun United States, and about 100 U.S. Washington Feet Foreign Service trading partners have been granted it. President Bush has recommend- BEIJING, June 15-China is pre- ed to Congress that the United pared to cut back sharply on polit- States continue for another year ical and economic relations with the China's MFN status, but there is United States if Congress with- strong opposition in Congress and draws most-favored-nation trade the final outcome is uncertain. status or decides to renew it with Members of Congress have pro- unacceptable conditions, senior posed extensive conditions to be Chinese officials said today. imposed on the MFN extension re- Yuan Mu, the senior spokesman lating to human rights and other for China's ruling State Council and issues, and the Bush administration a close confidant of hard-line Pre- is under pressure to accept some, mier Li Peng, and Vice Foreign During the interview, Yuan, who Minister Liu Huaqiu both said that is known throughout China as the Sino-U.S. relations are at a cross- articulator of uncompromising lead- roads. In a 21/4-hour interview, the two officials outlined in detail the ership attitudes, gave a long list of what he said were accommodations Chinese stand on controversial hu- man rights, economic and weapons and other conciliatory steps that proliferation issues under discus- China has taken or is taking to meet recent U.S. demands. sion with the United States. "We hope we get MFN without And Liu, who will be the chief conditions," said Liu. "If, there Chinese negotiator on missile pro- liferation issues when Undersecre- should be any conditions, we cannot accept them." He went on to say tary of State Reginald Bartholemew that China's reaction to the U.S. arrives here Sunday for talks, de- legislation. including retaliatory nied reports that China has sold steps, would be affected by the na- ballistic missiles to Syria. But Liu ture and severity of any conditions confirmed the sale of what he called imposed. This position, while flatly "short-range missiles" to Pakistan, opposing the imposition of condi- another item of serious U.S. con- tions, appeared to leave room for cern, and gave no indication that tacit acceptance of restrictions that Beijing is willing to cancel or modify do not seem particularly onerous. this agreement that "happened in Liu issued his warning in the face the past." of a U.S. estimate that the loss of Liu, who is in charge of North most-favored-nation, or MFN, sta- American affairs, said that "if most- tus would cost China about three- favored-nation status is revoked or fourths of its exports to the United the United States attaches condi- States-the total estimated at $20 tions [to its extension], this will ex- billion this year-because of sharp- ert a very serious influence on U.S.- ly increased tariff rates and bring China relations." the loss of 2 million to 3 million jobs He warned that there would be in an economy that is struggling to "an unprecedented decline" in continue to expand. trade, a "heavy blow" to the 1,300 In addition, American officials U.S.-Chinese joint ventures and believe China would have great dif- wholly owned U.S. companies op- ficulty selling to others many of the erating here, "serious restrictions" items that make up the bulk of its on all exchanges and contacts and "a exports to the United States, espe- major retrogression" in the political cially inexpensive clothing. foot- relations between the two nations. wear and toys. The United States Liu called MFN status "the cor- has become vitally important to this nerstone of our economic and trade country's economy, last year dis- relations" and made clear that Chi- placing Japan for the first time as na puts great importance on its con- China's leading tinued RCV at a Change in U.S. Trade Status Will Harm Bilateral Ties Asian mainland. It borders on the Soviet visit here from Richard Schifter, assistant Other officials also cited Chinese grain agreeing to such limits, Beijing responded in and, through land or territorial waters, secretary of state for buman rights, China purchases from the United States of about affirmatively to Bush's invitation only eight ty every important Asian country. has officially agreed to consider this topic a $250 million despite a bumper grain harvest. days after it was issued late last month. Telecopier ugh its relations with other countries legitimate and even "a very important issue A U.S. diplomat said be was told by a Chinese Regarding the missile sale to Pakistan, Liu : been under stress since the 1989 crack- in Sino-American relations," said Yuan, de- official that this was "a political buy" because said the weapons provided would have a n and the internal political shifts that fol- spite its traditional sensitivity on such mat- "we don't need it" range of less than 180 miles, below the spe- 7020 ed, China retains worldwide interests and ters. However, he said the two nations have Other accommodations cited by Yuan in- cial limitations agreed to by the United an important international role as a per- many disagreements about the substance. chuded copyright and patent protections in- States and other nations-but not China-in ent-and thus veto-wiekling-member Yuan said China has provided answers to stituted by China, and the announcement this the Missile Technology Control Regime. Liu be U.N. Security Council. U.S. inquiries about persons arrested in the week of the country's first regulations on said there is "no basis" to back up the charge n a sign of renewed diplomatic activism, 1989 crackdown and other political prison- copyright protection of computer software. that the payload of the missiles would exceed 16-81-9 in confirmed that Premier Li will travel ers, and tried to arrange "lenient" treatment However, Joseph Massey, assistant U.S. spe- the internationally agreed limits. However, ly next month to Egypt, Saudi Arabia, Ku- for students who were not deemed to be plot- cial trade representative, said in a news con- U.S. experts said Chinese sales material on t, Jordan, Syria and Iran. He said that on ters against the government. ference here today that the computer soft- the missile, known in the West as the M-11, trip, China "will not be antagonistic" to However, China has not provided a full ware regulations are still inadequate. He also lists the maximum warhead weight at 800 is efforts to arrange a negotiated Middle accounting of those who died in the crack- criticized restrictions on imports that re- kilograms, or 1,760 pounds, exceeding the 12:22 it peace. Li and other senior Chinese lead- down or were arrested. China also has not sulted in the loss of $1 billion in U.S. sales to control regime's limit. have traveled to the Soviet Union, East- responded to U.S. requests for a general am- China last year. U.S. officials in Washington said intelli- Europe, North Korea and Southeast Asia nesty for those convicted for peaceful expres- Yuan said that China, following U.S. com- gence spotted one Chinese mobile missile recent months, though high-level contacts sion of their views. plaints, has taken measures to ensure that launcher in Pakistan, suggesting that deliv- h the United States remain mimimal. Washington has been pressing Beijing to goods made bere by prison labor will no long- ery of ballistic missiles to fit it would not be Reacting to a proposal by Sen. Joseph provide exit visas for the spouses of several er be exported. far behind. Because of the presence of the len (D-Del.) to create a U.S.-funded Ra- prominent Chinese activists who have taken In a separate interview, Minister of For- launcher, Washington curbed licenses for Free China to report on Chinese domes- refuge in the United States. Liu said China eign Trade Li Lanqing said that if the United U.S. commercial participation in Chinese sat- THOMPSON & affairs, Liu said China has objected in will "adopt a positive attitude" toward these States withdraws MFN status, China will re- ellite launches and some sophisticated com- lomatic exchanges with the administra- cases. "You can wait and see how we deal taliate by raising its tariffs on U.S. goods. Li puter sales to China. U.S. officials said the a, which recently agreed to a study of the with these cases," he said. said "the United States is the major market" presence of the Chinese missiles in Pakistan m. "We hope that the U.S. government # Economic Issues: Yuan cited a recent and the largest foreign investor in China af- would trigger more extensive sanctions. a adopt effective measures to keep it Chinese purchasing mission in the United ter Hong Kong. Chinese officials have taken offense at U.S. HII becoming a reality," Liu said. States, which signed contracts for $1.2 bil- # Arms Proliferation: Yuan cited China's efforts to restrict Chinese weapons sales, Regarding the major issues between the lion in U.S. goods, as a sign of China's com- agreement to participate in the U.S.-spon- arguing that the United States and the Soviet lited States and China, the Chinese offi- mitment to correcting the growing trade im- sored international conference in Paris next Union are much larger arms sellers. "We als gave these details: balance in China's favor, which may reach month on limiting arms sales to the Middle maintain the higgest arms suppliers should Human Rights: By accepting a recent $15 billion this year, U.S. figures show. East. Though China in the past has resisted assume responsibilities," Liu said. 2024566221; Chinese Warn Th the CHINA, From A18 Un is now its largest international market. nes Liu said China realizes that the adminis- Th tration has an imposing task in persuading has enough lawmakers to renew MFN status. dos "We work for the best, but we prepare for low the worst," said Yuan, spokesman for the has Chinese equivalent of the cabinet. ma Partly as a hedge against the possible loss of 1 of the U.S. market, China has been improv- 1 ing its ties with European countries and Ja- Yu pan, which have restored normal trade and ear political relations in recent months while wa the United States has been considering new the sanctions in the aftermath of the June 1989 U. Chinese army crackdown on a student-led Ea democracy moment. en Referring to bis country's options, Liu en said, "In China we have a saying: If there is in no light in the east, there is light in the wit west; if it is dark in the north, it is quite bright in the south." Bis Liu went on to say that both China and the dik United States survived the years between tic the Communist revolution of 1949 and Pres- di] ident Nixon's opening to China in July 1971, tic which included intense antagonism during pla the Korean and Vietnam wars. "We can sur- ca vive" 2 new period of tension, be said, but fre "both sides will be adversely affected." China, the workd's most populous country U: with 1.1 billion people, or about one-fifth of ci: the human race, occupies a vast stretch of . Extended Page 'C U.S. May End Opposition to Taiwan Joining GATT Hills indicated the administration By Stuart Auerbach by the Beijing government. tries that deal with market princi- Washington Post Staff Writer is taking the proposal seriously. Both Taiwan and China are seek- ples you send a signal to China" "This is something the administra- ing to join GATT, and Deputy Secre- that it could join GATT if it made The Bush administration is con- tion is going to have to study. I tary of State Lawrence Eagleburger the same progress in opening its sidering withdrawing its opposition am very willing to explore the notion told a House subcommittee Wednes- economy that it was making two to Taiwan joining the General and to talk to Congress," she said. day that China would be infuriated if years ago, Hills said. Agreement on Tariffs and Trade as There is strong bipartisan opposi- Taiwan were allowed to join GATT China was close to winning ap- part of a deal to win Congress's sup- first. tion in Congress to administration proval to join GATT two years ago, port for continuing China's most-fa- efforts to continue China's most-fa- Economically, said Hills, the Unit- but that move was blocked for politi- vored-nation trade benefits, U.S. vored-nation status, which allows ed States would gain if Taiwan joins Trade Representative Carla Hills GATT since it would be bound by cal reasons after the Beijing govern- Beijing to ship products to the Unit- said yesterday. the trade body's rules. Tarwan is the ment used the army to kill student ed States at the lowest possible tariff United States' sixth-largest trading demonstrators. The deal to bring Taiwan into the rate. partner and has been liberalizing its As China backed away from the GATT system. which governs the By supporting Taiwan's bid to join economy. market-opening steps it started in bulk of world trade, is part of a se- GATT as part of the fight to main- Further, Taiwan would be willing the late 1980s, its bid to join GATT ries of conditions proposed by Sen. tain China's trade status, the admin- to join GATT as a developed nation, was blocked because it didn't meet Max S. Baucus (D-Mont.) and pre- istration would both send a strong meaning it would voluntarily forgo the necessary free-trade criteria. sented to senior administration offi- signal of U.S. dissatisfaction with some special benefits that less-de- Meanwhile, Taiwan was kept out cials by Senate Republican Leader China's trade and economic policies veloped countries enjoy. of the world trade body, despite its Robert Dole of Kansas at a White and defuse congressional anger over "By not opposing their sitting economic power, because of concern House meeting Thursday. what is seen as political repression down at the table of civilized coun- over angering Beijing. 06/05/91 20:20 SENATE TELECOMM DEPT P00 June 5, 1991 MENORANDUM TO: JIM DYER FROM: NINA OVIEDO THROUGH: SHEILA BURKE COPY TO: AL LEHN SUBJECT: CHINA MFN -- WHITE HOUSE VISITS As we discussed, you may want to consider the following Senators (Democrate) for visits with President Bush. I understand that each of these members either have strong constituent interest in MFN or have not made a decision. The list was developed by a key lobbyist working with the Chinese. Burdick Exon Bingaman Robb Johnston Adams Breaux Sanford Boren Lieberman Daschle Kerry United States Senate Office of the Majority Keaber Mashington, BC 20510-7010 June 24, 1991 Dear Colleague: I intend shortly to introduce the attached modifying legislation to my previously filed bill S. 1084, extending renewal of most-favored-nation tariff. treatment for the People's Republic of China until July 1992, provided certain conditions have been met during the intervening year. This legislation extends most-favored-nation tariff treatment to the People's Republic through July 3, 1992. Most- favored-nation tariff treatment may not be renewed after that date unless the President reports in his waiver request for 1992 renewal that the People's Republic of China has: -- accounted for those citizens detained, accused, or sentenced because of the nonviolent expression of their political beliefs; -- released those citizens imprisoned for such expression; -- ceased exporting products to the United States produced by forced labor; and, -- has made significant progress in preventing violations of internationally recognized human rights, as well as adopting as national policy limits and controls on nuclear, chemical, and biological arms proliferation. If at any time after the date of enactment of the legislation the President determines that the Feople's Republic of China has transferred M-9 or M-11 ballistic missiles to Syria, Iran, or Pakistan, he is required to immediately terminate most- Republic. favored-nation tariff treatment for products of the People's PAGE.002 NIW USTR FROM 98:81 16. 25 NOS It is my hope that this modification of my previously filed bill will accommodate the concerns of all my colleagues in order that a consensus may be reached permitting enactment of legislation which will promote the long-term best interests of our nation, while addressing the serious deficiencies in human rights, unfair trade practices, and arms sales, existing in our bilateral relations with the People's Republic of China. If you are interested in supporting this legislation, please contact Ed King or Wendy Deker at 4-1430. Sincerely Sop dirticult George J. Mitchell 2 E00 PAGE JUN 25 '91 13:37 FROM USTR MTN CRA91257 SLACE 102D CONGRESS 1ST SESSION S. IN THE SENATE OF THE UNITED STATES Mr. MITCHELL (for himself and ) introduced the following bill; which was read twice and referred to the Committee on A BILL To extend to the People's Republic of China renewal of most-favored-nation treatment until 1992 provided certain conditions are met 1 Be is enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assem- 3 bled, 4 SECTION 1. SHORT TTTLE. 5 This Act may be cited as the "United States-China 6 Act of 1991". 7 SEC. 2. FINDINGS AND POLICY. 8 (a) FINDINGS.-The Congress makes the following 9 findings: PAGE 004 FROM USTR MTN 13:37 16. 25 NOS S.L.C. CRASL257 2 (1) The Chinese people have provided a dramat- to demonstration of their desire for democratic free- 3 doms. Thousands of courageous Chinese students 4 and workers, men and women, demonstrated on June 5 4, 1989, that they were willing to die, or face impris- 6 onment or exile, in pursuit of democratic self-deter- 7 mination and human rights. 8 (2) The Government of the People's Republic of 9 China, which is a member of the United Nations and 10 obligated to uphold the United Nations Charter and 11 Universal Declaration of Human Rights, continues to 12 commit violations of internationally recognized 13 human rights, including- 14 (A) torture or other cruel, inhuman, or de- 15 grading treatment or punishment; 16 (B) prolonged detention without charges 17 and trials, and sentencing of members of the 18 pro-democracy movement for peaceful advocacy 19 of democracy; 20 (C) use of forced labor of prisoners to 21 produce cheap products for export to countries, 22 including the United States, in violation of 23 international labor treaties and United States 24 law: => CRA91.257 SLC 3 1 (D) abduction and clandestine detention of 2 individuals; and 3 (E) other flagrant denials of basic human 4 rights. 5 (3) The Government of the People's Republic of 6 China has denied Chinese citizens who support the 7 pro-democracy movement and others the right of 8 free, unimpeded emigration. 9 (4) The Government of the People's Republic of 10 China has restricted the number of students permit- 11 ted to study abroad and has required college students 12 to attend military indoctrination courses, to work 5 13 years after graduation, and to pay large sums of 14 money before being eligible to apply for study out- 15 side China. 16 (5) The Government of the People's Republic of 17 China continues to violate the fundamental human 18 rights of the people of Tibet and uses the People's 19 Liberation Army and police forces to intimidate and 20 repress Tibetan and Chinese citizens peacefully dem- 21 onstrating for democratic change and religious free- 22 dom. 23 (6) The Government of the People's Republic of 24 China has not demonstrated its willingness and in- 25 tention to participate as a full and responsible party THE FROM USTR MTN 68:31 16. 25 NNS S.L.C. CRA91.257 4 1 in good faith efforts to control the proliferation of 2 dangerous military technology and weapons, includ- 3 ing biological, chemical, and nuclear weapons tech- 4 nologies. 5 (7) The Government of the People's Republic of 6 China continues clandestinely to supply arms and 7 military assistance to the genocidal Khmer Rouge 8 forces fighting in Cambodia. 9 (8) The Government of the People's Republic of 10 China has interfered with the rights of the people of 11 Hong Kong to exercise self-determination in their 12 political, cultural, and economic activities. 13 (9) The President of the United States has sus- 14 pended all government-to-government sales and 15 commercial exports of weapons to China and issued 16 an Executive order to treat sympathetically requests 17 by Chinese students in the United States to extend 18 their stay. 19 (b) POLICY.-It is the sense of the Congress that- 20 (1) the additional existing sanctions being ap- 21 plied against the People's Republic of China on the 22 date of the enactment of this Act in the areas of 23 technology exports and international monetary loans 24 should be continued and strictly enforced; and 200 PAGE FROM USTR MTN 13:39 16 CRA91.257 5 1 (2) the United States Government should con- 2 sult with members of the United States business 3 community operating or investing in the People's 4 Republic of China in order to discuss the establish- 5 ment of guidelines for corporate activity in that 6 country. 7 SEC. 3. PROVISIONS FOR RENEWAL OF MOST-FAVORED-NATION 8 STATUS. 9 Notwithstanding any other provision of law, the Peo- 10 ple's Republic of China may not be provided nondiscrim- 11 inatory (most-favored-nation) trade treatment for the 12- 12 month period beginning July 3, 1992, under any provision 13 of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et 14 seq.), unless the President reports in the document required 15 to be submitted by section 402(d)(1)(B) of such Act that 16 the Government of the People's Republic of China- 17 (1) has accounted for those citizens detained, 18 accused, or sentenced as a result of the nonviolent 19 expression of their political beliefs; 20 (2) has released those citizens who were impris- 21 oned after such detention, accusation, or sentencing; 22 (3) has ceased exporting products to the United 23 States manufactured, wholly or in part, by convict, 24 forced, or indentured labor under penal sanctions; 800 PAGE FROM USTR MTN 04:40 16. 25 NOS CRA91.257 SJ.C. 6 1 (4) has ceased supplying arms and military as- 2 sistance to the Khmer Rouge: 3 (5) has made significant progress in- 4 (A) fulfilling its commitment to engage in 5 high-level discussions on human rights issues, 6 (B) taking appropriate action to prevent 7 gross violations of internationally recognized 8 human rights and fundamental freedoms in the 9 People's Republic of China and Tibet, including 10 cessation of religious persecution and removal 11 of restrictions on freedom of the press and 12 Voice of America broadcasts, 13 (C) terminating intimidation and harass- 14 ment of Chinese citizens in the United States, 15 (D) ensuring access of international human 16 rights monitoring groups to prisoners, trials, and 17 places of detention, 18 (E) providing adequate: protection of 19 United States patents, copyrights, and other in- 20 tellectual property rights, 21 (F) providing American exporters fair 22 access to Chinese markets, including lowering 23 tariffs, removing nontariff barriers, and increas- 24 ing the purchase of United States goods and 25 services, and 600 PAGE FROM USTR MTN 13:41 16. 25 NNS CRA91257 7 1 (G) adopting a national policy which ad- 2 heres to and ceasing activities inconsistent 3 with- 4 (i) the limitations and controls con- 5 tained in the Missile Technology Control 6 Regime (MTCR), 7 (ii) the standards and guidelines set by 8 the Nuclear Suppliers Group, and 9 (iii) the standards and guidelines set 10 by the Australia Group on chemical and bi- 11 ological arms proliferation: and 12 (6) is adhering to the Joint Declaration on Hong 13 Kong that was entered into between the United 14 Kingdom and the People's Republic of China. 15 SEC. 4. IMMEDIATE TERMINATION OF MOST-FAVORED-NATION 16 STATUS. 17 (a) IN GENERAL-Not later than the day which is 15 18 days after the date of the enactment of this Act, products 19 of the People's Republic of China shall be denied nondis- 20 criminatory (most-favored-nation) trade treatment, unless 21 the President certifies to the Congress in writing that the 22 People's Republic of China has not transferred to Syria or 23 Iran ballistic missiles or missile launchers for the weapon 24 systems known as the M-9 or the M-11, and has not trans- 25 ferred to Pakistan ballistic missiles or missile launchers for 010 PAGE FROM USTR MTN 13:41 16, 25 NNS CRA91.257 SLC 8 1 the weapon system known as the M-9, or ballistic missiles 2 for the weapon system known as the M-11. 3 (b) SUBSEQUENT TRANSFERS OF WEAPONS.-If. at any 4 time after the date of enactment of this Act, the President 5 determines that any transfer described in subsection (a) has 6 occurred, then the President shall immediately- 7 (1) notify the Congress of such transfer, and 8 (2) terminate nondiscriminatory (most-favored- 9 nation) trade treatment for the products of the Peo- 10 ple's Republic of China. 11 SEC. 5. DEFINITIONS. 12 For the purposes of this Act: 13 (1) The term "gross violations of internationally 14 recognized human rights" includes torture, cruel, in- 15 human, or degrading treatment or punishment, pro- 16 longed detention without charges and trial, causing 17 the disappearance of persons by the abduction and 18 clandestine detention of those persons, secret judicial 19 proceedings, and other flagrant denial of the right to 20 life, liberty, or the security of any person. 21 (2) The terms "detained" and "imprisoned" 22 include incarceration in prisons, jails, labor reform 23 camps, labor reeducation camps, and local police de- 24 tention centers. 110 PAGE FROM USTR MTN 13:42 16, 25 NOT CRA91.257 S.L.C. 9 1 (3) The term "acts of intimidation and harass- 2 ment" means actions taken by the Government of 3 the People's Republic of China that are intended to 4 deter or interfere with, or to be in retaliation for, the 5 nonviolent expression of political beliefs by Chinese 6 citizens within the United States. 7 (4) The term "significant progress" means spe- 8 cific actions taken to achieve the objectives stated in 9 subparagraphs (A) through (G) of section 3(5). 10 (5) The term "forced labor" has the meaning 11 given to such term by section 307 of the Tariff Act 12 of 1930 (19 U.S.C. 1307). 13 (6) The term "Missile Technology Control 14 Regime" or "MTCR" means the agreement, as 15 amended between the United States, the United 16 Kingdom, the Federal Republic of Germany, France, 17 Italy, Canada, and Japan, announced on April 16, 18 1987, to restrict sensitive missile-relevant transfers 19 based on an annex of missile equipment and technol- 20 ogy. THE WHITE HOUSE WASHINGTON 91 JUN 24 PM 6: 39 June 24, 1991 MEMORANDUM FOR THE PRESIDENT FROM: ROGER B. PORTER RBP SUBJECT: The Crime Bill On Thursday, June 20, the Senate began floor consideration of the violent crime control bill, using the Biden bill, S. 1241, as the vehicle. By a vote of 55 to 41, the Senate agreed to a Bob Graham amendment to strike the "Racial Justice Act" from the Biden bill. The "Racial Justice Act" was Kennedy's proposal that would have invalidated virtually all state death penalty laws. The Senate rejected, by a vote of 56 to 40, a Thurmond amendment in the nature of a substitute. The Thurmond substitute was the Administration's bill with three changes. First, the provision related to the admissibility of illegally seized firearms was deleted. Second, the provision related to closed hearings on deportation of suspected terrorists was deleted. And third, the authorizations in the Biden bill, approximately $3.2 billion, were added to the Administration's language. Two Democrats, Hollings and Shelby, voted for the Administration's substitute. Four Republicans, Chafee, Durenburger, Jeffords, and Rudman, voted against the Administration's substitute. Senator Simpson did not vote. Last Friday, the Senate debated a Thurmond amendment to strike Biden's exclusionary rule provisions and insert the Administration's exclusionary rule provisions with the exception of the provision related to the admissibility of firearms. A vote is scheduled for 11:30 on Tuesday, June 25. Today, Senators Thurmond and Biden offered a bipartisan compromise on the death penalty similar to the provisions that passed the Senate last year. Four other death penalty amendments will be offered to the Thurmond-Biden compromise: an Inouye amendment relating to the death penalty on Indian reservations; a Biden amendment relating to drug kingpins where no death has occurred; -2- a Simon amendment relating to life imprisonment without parole in lieu of the death penalty; and, a Hatfield amendment relating to the televising of executions. Other key votes will include: the Administration's habeas corpus provisions; and an amendment to strike the language in the bill related to the DeConcini ban on the sale of certain semi-automatic weapons. Also on the gun front, discussions are underway between proponents of a modified Brady bill and Senator Dole, among others. Options include: shortening the 7-day waiting period; sunsetting the waiting period; preempting state waiting period laws; a firm deadline for implementing the point of purchase identification system; and up to $100 million in funding to assist the states in upgrading their criminal records. The likelihood of an agreement containing any or all of these options is unclear. It appears that any amendment relating to the Brady bill will be among the last considered by the Senate. Dyer COMMITTEES WILLIAM V. ROTH. JR GOVERNMENTAL AFFAIRS DELAWARE FINANCE 104 HART SENATE OFFICE BUILDING BANKING. HOUSING AND URBAN AFFAIRS TELEPHONE 202-224-7441 United States Senate JOINT ECONOMIC COMMITTEE WASHINGTON. DC 205 10-0801 June 21, 1991 The President The White House Washington, D.C. 20500 Dear Mr. President: As cosponsors of S. Res. 116, we are writing to urge you to support the application of Taiwan to become a Contracting Party to the General Agreement on Tariffs and Trade (GATT). We are troubled by the fact that the GATT has taken no action on Taiwan's accession request since it was initiated in January 1990, despite the overwhelming merits of Taiwan's GATT application and standard GATT Council practice of promptly placing accession requests on its agenda. Although the application may be politically sensitive, it should be based on economic and trade considerations, not political ones. In that regard, it is noteworthy that national sovereignty is not a prerequisite to joining the GATT, which Taiwan has recognized by applying as a separate customs territory. Allowing a non- GATT member, namely the People's Republic of China, to determine the terms and timing of another territory's entry into the GATT is unacceptable. Taiwan has made remarkable economic strides, and is now our sixth largest trading partner and the 13th largest trading entity worldwide. Taiwan is also the largest market-based economy still outside of the GATT. Clearly, such a key U.S. trading partner and major participant in the world economy should not remain isolated from the world trade community by being kept outside of the world's premier trade regime. The anticipated successful conclusion to the Uruguay Round makes the case for Taiwan's GATT membership all the more compelling for It would further liberalize Taiwan's economy in areas of critical importance to the United States. The President June 21, 1991 Page 2 We believe that without the leadership of the United States, Taiwan's GATT application will remain dormant. We strongly urge you to move in this direction by demonstrating support for the accession of Taiwan to the GATT. Sincerely, Buie Ril Thomas VI. Daschle William V. Roth, Jr. Day Rahyelle Jh McCain John D. Rockefeller, IV John McCain Sain Daniel K. Inouye Steve Symnno Steven D. Symms Joseph J I. Lieberman Bal Dale Robert Dole Thank s. Frank H. Mufkowski Paul Simon Howell Howell Heflin Hellus use That Slade Gorton 06/25/91 17:32 097 DOOR $202 224 2805 SEN. RUIN 06/25/91 18:03 The President June 21, 1991 Page 3 Inch Darlote David L. Boren John C. Danforth Thad Thad Cochran Column Walcom Malcolm Wallop Wallop Larry Larry Pressler Presler Dan Coats Wich Wyche Fowler, Jr. Bob Pachwood Bob Packwood Bob Smith James Exon Bob Smith Chin. D.N. Came made Connie Mack Christopher J. Dodd J. Bennett Johns ton Dave Durenberge. Damingu Nich Lugar Chuck Grasley Charles E. Grassley Richard G. Lugar 06/25/91 18:04 202 224 2805 SEN.ROTH-D.C. 1 DOS LEGIS AFFAIR 005 The President June 21, 1991 Page 4 alan J Diton Rill William S. Cohen Front Lott Trent Lott 06/25/91 17:26 6202 647 5095 DUS LEGIS APPAIR WHLEV E/J 002/ 000 06/25/91 18:02 202 224 2805 SEN.ROTH-D.C. DOS LEGIS AFFAIR 002 COMMITTEES WILLIAM V. ROTH. JR GOVERNMENTAL AFFAIRS DELAWARE FINANCE 104 HART SENATE OFFICE BUILDING BANKING. HOUSING AND URSAN AFFAIRS TELEPHONE: 202-224-7441 JOINT ECONOMIC COMMITTEE United States Senate WASHINGTON. DC 205 10-0801 June 21, 1991 The President The White House Washington, D.C. 20500 Dear Mr. President: As cosponsors of S. Res. 116, we are writing to urge you to support the application of Taiwan to become a Contracting Party to the General Agreement on Tariffs and Trade (GATT). We are troubled by the fact that the GATT has taken no action on Taiwan's accession request since it was initiated in January 1990, despite the overwhelming merits of Taiwan's GATT application and standard GATT Council practice of promptly placing accession requests on its agenda. Although the application may be politically sensitive, it should be based on economic and trade considerations, not political ones. In that regard, it is noteworthy that national sovereignty is not a prerequisite to joining the GATT, which Taiwan has recognized by applying as a separate customs territory. Allowing a non- GATT member, namely the People's Republic of China, to determine the terms and timing of another territory's entry into the GATT is unacceptable. Taiwan has made remarkable economic strides, and is now our sixth largest trading partner and the 13th largest trading entity worldwide. Taiwan is also the largest market-based economy still outside of the GATT. Clearly, such a key U.S. trading partner and major participant in the world economy should not remain isolated from the world trade community by being kept outside of the world's premier trade regime. The anticipated successful conclusion to the Uruguay Round makes the case for Taiwan's GATT membership all the more compelling for it would further liberalize Taiwan's economy in areas of critical importance to the United States. 06/25/91 17:26 202 647 5095 DOS LEGIS AFFAIR WHLEG 003/005 06/25/91 18:03 202 224 2805 SEN.ROTH-D.C. +++ DOS LEGIS AFFAIR 003 The President June 21, 1991 Page 2 We believe that without the leadership of the dormant. We strongly urge you to move in this direction United States, Taiwan's GATT application will remain by demonstrating support for the accession of Taiwan to the GATT. Sincerely, Buie Ril Thomas W. Daschle William V. Roth, Jr. Day Rahyelle Jh McCin John D. Rockefeller, IV John McCain Sain Daniel n Inouye Steve Symns Steven D. Symms Joseph Juli J I. Lieberman Bab Dale Robert Dole Muchamad Paul Van Min Simon Frank H. Murkowski Howell Howell Heflin Highers Mr That Slade Gorton 06/25/91 17:27 202 647 5095 DOS LEGIS AFFAIR WHLEG 004/005 06/25/91 18:03 202 224 2805 SEN.ROTH-D.C. +++ DOS LEGIS AFFAIR 004 The President June 21, 1991 Page 3 Inch John C. Danforth David L. Boren Thad Corlum Thad Cochran Walcolm Malcolm Wallop Wallop Larry Larry Pressler Presler Dan Coats Diclar Wyche Fowler, Jr. Bob Pachwood Bob Packwood Bob Smith June James Exon Bob Smith Chin. D.D. Cames mach Christopher J. Dodd Connie Mack J. Bennett Johnston Durenberger Nich Lugar Chuck Grassley Richard G. Lugar Charles E. Grassley 06/25/91 17:27 202 647 5095 DUS LEGIS AFFAIR --+ WHLEG 4 005/005 06/25/91 18:04 202 224 2805 SEN.ROTH-D.C. +++ DOS LEGIS AFFAIR 008 The President June 21, 1991 Page 4 alan J Diton William S. Cohen Fort Trent Lott United States Department of State Washington, D.C. 20520 June 5, 1991 Enclosed you will find the China package that is being sent to every Member. I hope you find it useful. Janet Janet G. Mullins THE SECRETARY OF STATE WASHINGTON JUN - 4 1991 Dear George: I am writing to urge you to consider carefully how renewal of most-favored-nation (MFN) status for the People's Republic of China serves U.S. interests. I assure you that the Administration stands with Congress in wanting to see greater respect for internationally respected human rights, a stronger Chinese commitment to global nonproliferation objectives and fair trade, and continuing political and economic reform within China. I believe strongly that renewal of MFN promotes these goals. Many in Congress have urged withdrawing or conditioning MFN renewal as a means of forcing China to respond favorably to our concerns. We are convinced that MFN withdrawal would instead undercut our ability to achieve these goals. We advocate a more selective, targeted application of pressure, instead of imposing broad, blunt sanctions on everyone in China, punishing equally the forces of positive change, entrepreneurs and ideological hardliners. Our targeted approach has succeeded in setting the agenda in our relations with China that focuses on human rights, arms control, and trade issues--issues that Congress is also deeply concerned about. Withdrawing MFN (or attaching unattainable conditions) would undermine the foundation on which the process of engagement was built. If we shut down our dialogue with Beijing on these issues, we remove an important incentive for China to respond to our concerns. I know that Congress is well informed about what China has done that has fallen short of our expectations. I hope I can persuade you to look with an open mind at what China has done to meet our objectives as well. In every area of concern we have with China, our continued strategy combining sanctions and diplomatic engagement has leveraged some favorable action from Beijing. The Chinese support of the UN in the Persian Gulf is a prominent example, as is the initiation of human rights dialogues with us and with other Western countries. I have enclosed material that elaborates on these points. The Honorable George Mitchell, United States Senate. - 2 - Make no mistake, the Administration is not easing its pressure on China. We have had sanctions in place since the brutal assault on Tiananmen, have imposed some since then, and are prepared to take further action to deal with new issues which may arise. We already have in place legal authorities to selectively target those practices in China that we find abhorrent, especially in the areas of human rights, nonproliferation, and trade. I urge you to read carefully the enclosed fact sheets that demonstrate ours is a determined, principled approach, not clouded by illusion or wishful thinking, and indeed goes beyond actions taken by other Western democracies. The point I want to leave with you is that we are working toward the same objective: like you, we want to see across the board improvement in our relations with China on the basis of demonstrated and genuine Chinese commitments to international standards shared by all civilized nations. We will continue to advance our interests and ideals as we pursue a process of engagement with China designed to elicit progress toward our objectives: adherence to international standards on nonproliferation, free and fair trade, broader reform, and respect for human rights throughout China. Most importantly, renewal of MFN is essential to maintaining America's moral stake in promoting the process of economic and political reform in China. Sincerely, Jim James A. Baker, III Enclosures: 1. President's Memorial Day speech 2. Fact sheets on MFN RENEWAL OF CHINA'S MFN STATUS --Shared Goals on China. Both the Administration and Congress want to see greater respect for human rights, a stronger Chinese commitment to nonproliferation and fair trade, and a continuation of positive social, political and economic change. At question is how to achieve these goals. As President Bush said at Yale, "The real point is to pursue a policy that has the best chance of changing Chinese behavior." --China Benefits from Contact--Not Isolation. The most brutal period of communist rule occurred at a time when China was isolated from the outside world and committed to a policy of economic self-sufficiency. MFN helped to open China to outside progressive change. We will not help the Chinese people by depriving them of employment, cutting off our contacts with them, and permitting hardline, xenophobic elements to blame the U.S. for China's economic problems. These will be the effects of MFN withdrawal. --MFN Promotes Reform. Foreign trade and investment support the economic forces that have been driving political and social change and encouraging a loosening of state control and more personal freedom. "MFN," in the words of the President, "is a means to bring the influence of the outside world to bear on China." Withdrawing MFN would have the greatest adverse impact on Chinese in the most dynamic, market-oriented coastal regions. These and other groups who depend on a healthy commercial relationship to justify business, social and academic contacts with the U.S. would be grievously hurt. Old-line convervatives in China will use MFN withdrawal as reason to close the door on these contacts. --Other Means Available to Pursue U.S. Interests. The U.S. has set the agenda for improving the bilateral relationship and has engaged the Chinese--with tangible results--on key issues of concern, including human rights, nonproliferation, prison labor exports and trade issues. Eliminating what the Chinese consider to be a fundamental pillar of the economic relationship--MFN trade status--will seriously erode, if not destroy, our ability to engage the Chinese on these issues. The President has a broad range of authority to target specific issues, for example, proliferation and trade problems. He is using that authority forcefully to press U.S. interests. MFN withdrawal is the wrong tool for doing this. It hurts our friends and eliminates a vital avenue of influence. --A Trade War Will Hurt U.S. Business and Consumers. Raising tariffs on Chinese products will provoke trade retaliation. This will put at risk $5 billion (1990) in U.S. exports, including wheat ($511 million), aerospace ($749 million), computers and electrical machinery ($860 million), fertilizer ($544 million), cotton ($259 million) and wood products ($281 million). Since no other country is withdrawing MFN, U.S. business would be forced to cede its market share to others. Trade actions on both sides could also adversely affect over $4 billion in U.S. investment in China. Without MFN, U.S. consumers would pay substantially higher prices for Chinese-made clothing, footwear, toys, tools and electronics. Hong Kong's economy and our $6-billion investment there would also be hurt because of close commercial links with South China. WHY CONTINUING MFN STATUS FOR CHINA SERVES U.S. INTERESTS The Administration and Congress share the same goals in China. Both want to see greater respect for human rights, a stronger Chinese commitment to nonproliferation and fair trade, and a continuation of positive social, political and economic change. At question is how best to achieve these goals. As President Bush said in his commencement address at Yale University, "The real point is to pursue a policy that has the best chance of changing Chinese behavior." Many in Congress have urged withdrawing or conditioning MFN as a way of forcing China's leaders to address our concerns. We believe this would be counterproductive and would make achievement of these goals even more difficult. MFN withdrawal is the wrong instrument. It is the equivalent of an undiscriminating blockbuster weapon that hurts friend and foe alike. Maintaining MFN enables us to take a more discriminating approach. It helps us stay engaged, keep China in the international system and use the commercial relationship to promote reform. In the President's words, "MFN is a means to bring the influence of the outside world to bear on China." At the same time, we are still free to take, as we have already, focussed measures to address specific problems. MFN should continue because it serves U.S. interests. By threatening to withdraw or condition MFN, we allow this vital link to be held hostage to the reactions of a small group of hardline leaders in Beijing. The most brutal period of communist rule occurred at a time when China was isolated from the outside world and committed to a policy of economic self-sufficiency. MFN helped to open China to outside progressive change. We will not help the Chinese people by depriving them of employment, cutting off our contacts with them, and permitting hardline, xenophobic elements to blame the U.S. for China's economic problems. These will be the effects of MFN withdrawal. Foreign trade and investment have been key factors over the past decade in launching reforms that have loosened state control and expanded personal freedom. By maintaining MFN, we ensure an active commercial presence in China which provides a channel for introducing American values and ideals--on free enterprise, democracy, freedom of expression and human rights. The Chinese Government can control the flow of goods across its borders but not the ideas which accompany them. Withdrawing MFN would hurt reformist elements that count on us for support. Those most seriously hurt would be in the large, dynamic coastal provinces where market-oriented reforms have gone the farthest. Millions of Chinese who depend on a healthy commercial relationship to justify not only business but social and academic contacts with the U.S. would be harmed. Maintaining our extensive web of contacts with the Chinese people and Chinese institutions would be impossible in an atmosphere of trade retaliation and mutual hostility. SANCTIONS AND OTHER MEASURES IN PLACE ON CHINA The U.S. currently has the toughest position on China sanctions. While the EC, Japan and Australia have gradually relaxed their sanctions, the U.S. has reaffirmed its existing sanctions and taken additional measures. Post-Tiananmen Sanctions All the measures authorized by the President following the Tiananmen Square crackdown remain in effect, with only minor modifications to take into account U.S. interests: -- Arms and Military Cooperation. Weapons deliveries remain suspended as does military cooperation. -- Embargo on Sales to Military/Police. No licenses are being issued to dual-use civilian technology items for the Chinese police or military. -- Munitions List. Licences for items on the munitions list remain suspended. (The only exceptions in 1990-91 have been for the Australian AUSSAT satellite project and Swedish Freja scientific satellite project). -- Trade and Development Program (TDP) and Overseas Private Insurance Corp. (OPIC). No new activities since June 1989. -- Export Control Liberalization. The U.S. remains opposed to considering proposals for easing COCOM controls on China. -- World Bank Lending. The U.S. remains opposed to all World Bank lending except for basic human needs. -- High-Level Exchanges. Regular, high-level exchanges, particularly those of a formal, ceremonial nature, remain suspended. Exceptions have been granted only to pursue issues of vital concern (e.g., human rights, nonproliferation issues, trade problems and regional issues, such as the Persian Gulf and Cambodia). Additional Measures Over the past year the following additional measures have been taken to pursue specific U.S. interests: Proliferation. The President rejected licenses for a Chinese satellite project and stated that the U.S. would impose additional sanctions on any Chinese company found to violate international guidelines on missile sales. Other measures are now under consideration. Trade. The President authorized the designation of China for trade action under Special 301 for violation of U.S. intellectual property rights. Over $85 million in Chinese textile overshipments were blocked because of violations of the bilateral textile agreement. USTR has stepped up its consultations with China on the trade imbalance, with talks scheduled for mid-June. -2- o We have succeeded in setting an agenda in our relations with China that focuses on human rights, arms control and trade issues--issues which the Congress is also deeply concerned about. withdrawing MFN would undermine the foundation on which this process of engagement was built and remove an important incentive for China to respond to our concerns. Our policy of engagement is producing tangible results. On human rights, our continued strategy of sanctions and engagement has led to the release of about 1,000 political prisoners, freedom for prominent dissident Fang Lizhi and his family, public commitments to prevent the export of prison labor, and positive assurances on family reunification cases. The Chinese have agreed to have a high-level human rights dialogue with the U.S. This new dialogue would likely be one of the first casualties of MFN withdrawal. Emigration and student travel to the U.S., which has continued since Tiananmen, would also suffer. On proliferation, we have China moving in the right direction. We have made clear that proliferation concerns will affect our willingness to cooperate with China, for example, on high-technology exports such as satellites and. high-speed computers. China has acknowledged, in principle, the need to act responsibly on military sales, including the transfer of missile, CBW and nuclear technology. China agreed to attend the Nuclear Nonproliferation Treaty (NPT) conference in 1990. President Yang Shangkun recently stated unequivocally that China has not sold any intermediate range missiles to the Middle East since the CSS-2 transfer to Saudi Arabia three years ago. On the Sino-Algerian nuclear facility, China has publicly expressed a willingness to follow- international practice on IAEA safeguards and gave assurances that the facility is strictly for peaceful purposes. Senior Chinese officials have agreed to an in-depth discussion of nonproliferation issues with Under Secretary Bartholomew in mid June. To underscore our proliferation concerns, we are informing the Chinese that we will be sanctioning a Chinese enterprise for violation of international missile transfer guidelines and will not license satellite and high-speed computer exports to China until we reach an understanding on appropriate guidelines for the export of missile technology and related equipment. On global/regional issues, China's cooperation has proven helpful--even essential--for achieving U.S. objectives. A permanent UN Security Council member, China played a crucial role in facilitating passage of UN resolutions on the Persian Gulf and maintaining international solidarity. The U.S. and China are working together to find a comprehensive political solution to the conflict in Cambodia. China has been exerting positive influence on Pyongyang to reduce tensions on the Korean peninsula. -3- Other Asian countries also look to China as a force for stability in the region and believe a constructive U.S.-China relationship is important for that goal. On trade, China has acknowledged that it needs to import more from the U.S., responding to concerns about the large trade imbalance and problems with market access. A Chinese buying mission is now in the U.S. and will reportedly purchase over $1 billion in grain, chemicals, fertilizer, and precision machinery. China has also acknowledged that it must do more to protect U.S. intellectual property rights. U.S. trade agencies are engaged in a high-level dialogue on both market access and IPR problems, which will continue in June. The Administration is prepared to take action under U.S. trade law to pursue U.S. interests, as it did recently in designating China under Special 301 for an IPR investigation and possible trade measures. Continuing MFN protects the interests of U.S. business and consumers. MFN is not a special trade status. It is the basis for trade that we have with most countries. Raising tariffs on Chinese products will provoke trade retaliation. This will put at risk $5 billion (1990) in U.S. exports including wheat ($511 million), aerospace ($749 million), computers and electrical machinery ($860 million), fertilizer ($544 million), cotton ($259 million) and wood products ($281 million). Since no other country plans to withdraw MFN, trade retaliation would put U.S. business at a competitive disadvantage. Trade actions on both sides could also adversely affect over $4 billion in U.S. investment in China. Without MFN, U.S. consumers would pay substantially higher prices for Chinese-made clothing, footwear, toys, tools and electronics. MFN is also important for the stability and prosperity of Hong Kong's free enterprise economy. Withdrawing China's MFN status would be a body blow to confidence in the territory since Hong Kong's economy is increasingly tied to the growth of South China's export industry. Approximately 2,500 Hong Kong enterprises have shifted their export production to factories in neighboring Guangdong Province. An additional 10,000-15,000 South China enterprises do assembly work for Hong Kong companies. U.S. business, which has invested over $6 billion in Hong Kong, would also be hurt. A 1990 survey revealed that 70 percent of approximately 900 U.S. companies in Hong Kong would face business difficulties and 50 percent would have to reduce staff if China's MFN status was discontinued. o The bottom line is that withdrawing MFN would seriously damage U.S. foreign policy interests, limit our contacts with China, weaken the economic forces for reform and hurt U.S. business and consumers. Our influence over Chinese behavior would be weakened, not strengthened. We should continue MFN because it is in our interest. It enables the U.S. to stay engaged with China and pursue the issues which are of vital concern to the American people. As the President said, "It is wrong to isolate China if we hope to influence China." PROPOSALS TO CONDITION RENEWAL OF CHINA'S MFN STATUS Conditional renewal of China's MFN status has been presented as a way to force China to address our human rights and other concerns. It is in fact a high-risk approach that holds the single most powerful instrument we have for promoting reform in China as hostage to reactions of a small group of hardline leaders in Beijing. Continuing MFN is in the U.S. interest. By facilitating trade, it acts as a key catalyst to reform, keeps China open to the outside world, sustains a wide range of contacts with the Chinese people and provides incentive for China to stay engaged on issues of vital interest to us. Conditionality overlooks the importance of MFN for these long-term objectives and, in effect, accepts them as expendable in the quest for more limited, short-term goals. MFN conditionality risks making the Chinese less apt--not more--to take positive steps on issues of concern to us. Confronted with a public ultimatum to change policies, nationalist and hardline elements of the Chinese leadership are likely to argue--effectively--that national pride and the need to preserve sovereign authority do not permit concessions under such duress. Positive actions which the Chinese might have been willing to take in the context of negotiation could become politically impossible. The bilateral dialogue on human rights that we succeeded in establishing could be the first casualty. -- Attempts to craft even "soft" (i.e., realistic) conditionality would be counterproductive. With the situation on key issues continuing to evolve and so many Congressional perspectives on what constitutes acceptable conditions, the end product is likely to include provisions that provoke the Chinese to disengage or do not accurately address the current state of affairs. Many of the objectives contained in earlier conditionality legislation (e.g., the lifting of martial law, freeing of prominent dissident Fang Lizhi and release of Tiananmen detainees) were eventually achieved through our strategy of engagement. This strategy is working and should continue. Conditional MFN renewal would severely handicap U.S. business in China. No other foreign companies in China face the uncertainty of MFN withdrawal by their government. U.S. companies can't make long-term business decisions knowing that the renewal of MFN trade status--a fundamental operating condition--will depend on the subjective judgments of Congress regarding China's political behavior. -2- -- Renewal of MFN under the Jackson-Vanik already entails risks which many U.S. companies find burdensome. Additional conditions would greatly increase those risks and discourage U.S. companies from trading and investing in China, leaving the China market to our competitors and costing American jobs in the process. -- MFN is the basis for trade that we have with most countries of the world, even those with which we have serious human rights and other concerns. If we start down the road of attaching new political conditions to trade, U.S. global competitiveness will suffer. Legislative ultimatums on the Chinese Government are likely to create a hostile environment that will work against the expansion of contacts between American and Chinese people and institutions. Despite our bilateral differences, China has continued to permit a wide range of contacts, including emigration, student travel and academic exchanges. MFN conditionality will give ammunition to old-line conservatives in China who want to restrict the liberalizing impact of contact with the U.S. Other more targeted means, aside from MFN withdrawal, are available to pursue specific U.S. interests, and the Administration is prepared to use them. To underscore our concerns about possible Chinese proliferation, we recently sanctioned a Chinese enterprise for transferring missile equipment in violation of international guidelines. We are also informing the Chinese Government that we will not be licensing high-speed computers to China or waiving legislative restrictions on satellite exports until we reach an understanding on the export of missile technology and equipment. In the trade area, we recently designated China under the Special 301 provisions for an investigation--and possible trade action--because of inadequate protection of U.S. intellectual property rights. We are also pressing China at a high-level on market access and have broad trade authority to use as leverage, if necessary. -- Our post-Tiananmen sanctions on military sales, munitions list licenses, OPIC and TDP programs remain in place. The U.S. still leads the Western democracies in the scope and impact of sanctions on China. Fact Sheet Chinese Attitudes Toward MFN Renewal Our posts in China have been actively soliciting views on MFN from a very broad range of Chinese citizens. We have paid particular attention to the opinions of those who are known to favor further reforms and democratization, and to those who would be most at risk if repression deepened. We have also discussed the MFN issue with hundreds of Chinese students and scholars in the U.S. Our Embassy and Consulates have reported nearly unanimous support for renewal of MFN among all sectors of the Chinese population. While Chinese government officials have tended to reiterate their government's official arguments, those who want more reform and democracy in China have actually used significantly stronger language in urging renewal. The Washington Post correspondent in Beijing quoted a Chinese intellectual offering a toast to MFN renewal, saying "if it was taken away, we would not be able to meet and talk." In the same report, a student at Beijing University (which led the 1989 demonstrations) argued against conditionality, saying that students "don't agree that economic blackmail should be used to bring about democracy in China." Two of the most prominent dissidents now active in China acknowledged to us recently that withdrawal of MFN would seriously jeopardize their ability to continue speaking out against repression. Among Chinese students and scholars in the West, the range of opinion is much more diverse, but still overwhelmingly in favor of renewal in some form. In a recent random poll conducted by Chinese scholars among their colleagues throughout the U.S., only 12 out of 402 supported withdrawal of MFN. Most of the remainder favored unconditional renewal or modest conditions. Of the letters we have received on MFN from many Chinese in the West, one to the President from England best reflects the general trend of thought: "As a Chinese student from the poorest province in China, I understand what a disastrous effect could a revocation of China's MFN status bring to my poor parents, who, as many ordinary Chinese, desperately need, and in fact have already benefitted from, the influence of the West. Do not shut up the door that was opened only after thousands and millions of people sacrificed their lives. I support your policy on China's MFN." " MFN Decision and AIMS MFN Decision Advances U.S. Interests. Continuing China's MFN status preserves a PRC stake in moving toward the international consensus on nuclear, missile, and CW nonproliferation, an objective the Administration and Congress share. Engagement Pays Off in the Long Run. Beginning in the mid-eighties, both China's policies and the global nonproliferation context began to change. China, which once held an antagonistic view of multilateral controls on nuclear exports, joined the IAEA in 1984 and sent observers to the NPT Review Conference in 1990. China's 1987 sale of CSS-2 missiles to Saudi Arabia pre-dated the INF Agreement, the establishment of the Missile Technology Control Regime. In 1989, China made a public commitment to refrain from medium-range missile deliveries to the Middle East--and has kept to that commitment. Nuclear Proliferation. Our expression of concern about Sino-Algerian nuclear cooperation has led to commitments by both countries to place the cooperation under IAEA safeguards and their pledges that the cooperation is strictly for peaceful purposes. We await the next step, i.e. Algeria's discussions with the IAEA. We view favorably China's public position on nuclear exports, but would like to see China take the further steps of joining the NPT and adopting Nuclear Suppliers Guidelines. Serious concerns remain; the Administration will not ignore current problems in this area. -- Missiles. We have engaged in intensive dialogue with Beijing on its missile export policy. It is clear that in some cases China has declined proposed missile exports because of foreign policy considerations. More broadly, the Chinese Ambassador said recently that China supports effective international control on military sales, including missiles. That statement constitutes a modest step toward our objective of a PRC commitment to observe MTCR guidelines. China's missile export policy remains a high priority in our bilateral dialogue; problems that originated before the establishment of the MTCR have not disappeared, but we have seen some progress over the past half-decade. China's proliferation policy is gradually changing in a favorable direction. We aim to accelerate that trend. Chemical Weapons. China is on record opposing the manufacture and transfer of chemical weapons, and is participating in multilateral efforts to ban chemical weapons. We have made some progress on the subject of controls over exports of CW precursors, and we hope to advance discussions in this vital area. Next Steps. We are encouraged by progress in some areas and still see a need for progress in others. It is because of our continuing concerns that we want to maintain a constructive nonproliferation dialogue with Beijing. Under Secretary Kimmitt raised these issues in Beijing in May, and Under Secretary Bartholomew will follow up during his upcoming visit to China. ECONOMIC EFFECTS OF MFN WITHDRAWAL -- U.S. Exporters and Investors Would Be Hurt. If MFN is withdrawn, Chinese trade retaliation is certain, including reciprocal loss of MFN status for U.S. exports to China and possibly other administrative measures to market access. Since no other countries would be withdrawing China's MFN status, U.S. companies would be put at a competitive disadvantage. Major exports at stake and their sales in 1990 include: --Wheat $511 million -Aircraft/Aerospace Equipment $749 million Fertilizer $544 million -Cotton $259 million --Timber/paper $281 million -Computers & Electric Products $860 million --Chemicals $273 million U.S. joint ventures in China, which now total almost 1,000 and have invested capital of over $4 billion, would pay higher duties on U.S.-made components and their exports to the U.S. would be subject to higher non-MFN U.S. duties -- Consumers Would Suffer. U.S. consumers and retailers would have to pay the sharply higher non-MFN duty rates on Chinese-made imports, including footwear, clothing and toys and electrical products. Examples include: MFN Duty (%) non-MFN Duty (%) Footwear 6.0 35.0 Sweaters 6.0 60.0 Stuffed Toys 6.8 70.0 Fans 4.7 35.0 -- Other Tools At Our Disposal to Resolve Key Trade Concerns. We have ongoing discussions with the Chinese on key economic and trade issues, including market access, intellectual property protection (where China was recently identified under Special 301), textile transshipments and dumping. We have made progress in some areas and utilized existing legislation to take additional action where necessary. China has expressed a willingness to stay engaged to resolve our concerns. Withdrawing MFN would seriously weaken our negotiating position on these issues. IMPACT OF MFN WITHDRAWAL ON HONG KONG AND U.S. BUSINESS THERE Impact on Hong Kong's Economy. The health of Hong Kong's economy is increasingly tied to the growth of south China's export industry. Approximately 2,500 Hong Kong enterprises have shifted their export-bound production facilities to the Pearl River delta in Guangdong Province. An additional 10,000-15,000 south China enterprises do assembly work for Hong Kong companies. China is Hong Kong's largest trading partner, accounting for 39 percent of total 1990 trade. Re-exports, which grew by 20 percent in 1990, underpin Hong Kong's trade performance. According to the Hong Kong Government, loss of MFN status could cut Chinese re-exports via Hong Kong by up to 44 percent or $4.6 billion. First-year effects could include $1.2 billion in lost income and 43,000 jobs or 1.5 percent of Hong Kong's labor force. -- Body Blow to Local Confidence. MFN denial would further erode local confidence, already badly shaken by Tiananmen, in the run-up to resumption of Chinese sovereignty in 1997. o The drop in confidence would accelerate outward migration from Hong Kong, which now exceeds 50,000 a year and includes many professionals and managers. -- U.S. Business Interests Would Be Hurt. The U.S. has the largest number of regional headquarters in Hong Kong, with over 40 percent of the total or 252 offices. Almost half are engaged in trading activities with China, a principal market and source of supply. O U.S. investment of over $6 billion accounts for almost one-quarter of foreign direct investment in Hong Kong. A 1990 American Chamber of Commerce survey indicated that 70 percent of the approximately 900 U.S. member firms would be adversely affected and 50 percent would consider reducing staff. CHINA'S EMIGRATION AND FOREIGN TRAVEL POLICIES Emigration China's relatively free emigration policies have continued since the renewal of MFN status in 1990. In FY 1990, 16,751 U.S. immigrant visas were issued in the PRC. The U.S. numerical limitation for immigrants from China was fully met. The principal restraint on increased emigration continues to be the capacity and willingness of other nations to absorb Chinese immigrants, not Chinese policy. Foreign Travel Policies China continues to adhere to a relatively open foreign travel policy. According to Chinese officials, 255,000 persons were issued passports for private travel of all kinds in 1990, a more than three-fold increase from 1986. U.S. diplomatic posts in China issued 60,687 nonimmigrant visas in FY 1990. Last year, 33,800 nonimmigrant visas were issued worldwide to Chinese students and tourists, a 19 percent increase over FY 1989 and an 84 percent increase over FY 1988. Chinese officials report that several thousand students have returned from overseas for visits after June 1989 and have been allowed to depart again under expedited procedures. We cannot verify these figures, but we are not aware of any cases in which Chinese living in the U.S. who returned to China for visits after June 1989 were prevented from leaving again. -- Foreign travel officially sponsored by the Chinese Government continued to decline in FY 1990, reflecting economic austerity measures and concern about extended delays in the return of officially sponsored scholars to China. In February 1990, China issued a new directive requiring recent college graduates and fourth-year undergraduates to work for five years before applying for overseas study, with some exceptions. This directive has undoubtedly forced some students to defer their plans for overseas study. However, its full impact is unclear since student visa applications and issuances continue to increase. We are aware of a small number of individuals who have had difficulty in obtaining permission to travel abroad, apparently because of the political activities of their relatives in the U.S. We have discussed these cases with Chinese authorities, who have indicated a willingness to address the issue. U.S. -CHINA TRADE AND INVESTMENT U.S.-China Trade ($ billions) 1979* 1988 1989 1990 %Chg 89-90 Total Trade 2.3 13.5 17.8 20.0 12 US Exports 1.7 5.0 5.8 4.8 -17 US Imports 0.6 8.5 12.0 15.2 27 Trade Balance 1.1 -3.5 -6.2 -10.4 -68 * Last year before U.S. granted MFN status to China. U.S. Exports to China ($ millions) 1990 Cereals 512 Computers & Electric Products 860 Aircraft & Parts 749 Fertilizer 544 Chemicals 273 Prof. & Sci. Instruments 227 Iron & Steel 44 Cotton Yarn & Fabric 281 Electric Machinery 264 Plastics & Resins 166 Chinese Exports to the U.S. ($ millions) 1990 Apparel 3,197 Toys, Games, Sporting Goods 2,139 Electric Machinery 1,926 Footwear 1,477 Travel Goods 874 Petroleum 661 Fish 396 Plastics 387 Iron & Steel 247 Furniture, Lamps, Bedding 276 - 2 - Selected Chinese Import Tariffs Commodity MFN Tariff(%) Non-MFN Tariff(%) Wheat 0 0 Aircraft & Parts 6 11 Fertilizers 30 40 Cotton 30 40 , Rough Wood 3 8 Polycarboxylic Acids 15 20 Specialized Machinery 20 30 Selected U.S. Import Tariffs Commodity MFN Tariff(%) Non-MFN Tariff(%) Manufactured Articles 0-32 0-110 Apparel 0-34.6 25-90 Telecommunications 2.4-8.5 35 Footwear 0-48 10-84 Travel goods, handbags 4.6-20 35-90 Petroleum, oils $.105/bbl $.21/bbl Sources of Foreign Investment in China, 1979-89 (Contracted value, $ billions) Cum. 010 1979-86 1987 1988 1989 Total Share National Total 19.99 4.32 6.19 6.29 36.80 100.0 Hong Kong, Macau 12.40 2.36 4.16 3.73 22.66 61.6 United States 2.72 0.36 0.38 0.65 4.11 11.2 Japan 1.91 0.39 0.37 0.52 3.18 8.7 Others 2.96 1.21 1.27 1.39 6.84 18.6 SECMEC 1692 Uga tay Francy SENATE ATTITUDES TOWARDS CHINA MFN US-China Business Council May 22, 1991 (The following matrix is our best guesstimate based on meetings with Members and/or their staff, Members' public and private statements, and co-sponsoring existing legislation. Note: there is no column for straight opposition to MFN, as no one has taken that position at this time.) KEY 1. Supports MFN with no conditions 2. Supports MFN, but undecided regarding conditions 3. Supports MFN, but leaning toward "mild" conditions 4. Supports MFN, but leaning toward "harsh" (Mitchell-type) conditions 1 2 3 4 Baucus (D-MT) Chafee (R-RI) Riegle (D-MI) Akaka (D-HI)* Bond (R-MO) Daschle (D-SD) Biden (D-DE)*^ Danforth (R-MO) McConnell (R-KY) Bradley (D-NJ) Dole (R-KS) Nickles (R-OK) Bryan (D-NV)* Durenberger(R-MN) Packwood (R-OR) Cranston (D-CA)*^ Lugar (R-IN) Pryor (D-AR) D'Amato (R-NY)* Murkowsky (R-AK) Robb (D-VA) DeConcini (D-AZ)*^ Sanford (D-NC) Roth (R-DE) Dixon (D-IL)*^ Dodd (D-CT)* Ford (D-KY)* Glenn (D-OH)* Hollings (D-SC)* Inouye (D-HI)* Kennedy (D-MA)*^ Kerry (D-MA)*^ Metzenbaum (D-OH)* Mitchell (D-ME)*^ Moynihan (D-NY)* Pell (D-RI)*^ Sarbanes (D-MD)* Wallop (R-WY)* Wirth (D-CO)* Wofford (D-PA)* * Co-sponsored S.1084 (Mitchell conditions) ^ Co-sponsored S. Con. Res. 19 (Cranston sense of the Senate) HOUSE OF REPRESENTATIVES ATTITUDES TOWARDS CHINA MFN US-China Business Council May 22, 1991 KEY 1. Supports MFN with no conditions 2. Supports MFN, but undecided regarding conditions 3. Supports MFN, but leaning toward "mild" conditions 4. Supports MFN, but leaning toward "harsh" (Pelosi-type) conditions 1 2 3 4 Archer (R-TX) Cardin (D-MD) Levin (D-MI) Abercrombie (D-HI)* Leech (R-IA) Crane (R-IL) Solarz (D-NY) Ackerman(D-NY)* Matsui (D-CA) McDermott (D-WA) Bacchus (D-FL) Roth (R-WI) Vander Jagt (R-MI) Beilenson (D-CA)* Berman (D-CA)* Boxer (D-CA)* Bryant (D-TX)* Burton (R-IN)* Dellums (D-CA)* Derrick (D-SC)* Durbin (D-IL)* Edwards (D-CA)* Erdreich (D-AL)* Fazio (D-CA)* Feighan (D-OH)* Foglietta (D-PA)* Frank (D-MA)* Frost (D-TX)* Gephardt (D-MO)* Gejdenson (D-CT) Gilman (R-NY) Green (R-NY)* Herger (R-CA)* Horton (R-NY)* Jenkins (D-GA) Jefferson (D-LA)* Kennedy (D-MA)* Lagomarsino (R-CA) Lantos (D-CA)*^ Lewis (D-GA)* Lloyd (D-TN)* * Co-sponored Pelosi Bill ^ Co-sponsored HR1571 (Miller bill establishing corporate code of ethics) page 2, House of Representatives 1 2 3 4 McNulty (D-NY)* Martinez (D-CA)* Markey (D-MA)* Miller (R-WA)* Miller (D-CA)*^ Mineta (D-CA)* Mink (D-HI)* Moran (D-VA)* Oakar (D-OH)* Panetta (D-CA)* Payne (?)* Pelosi (D-CA)*^ Porter (R-IL)*^ Richardson (D-NM)* Ritter (R-PA)* Rose (D-NC)* Russo (D-IL)* Scheuer (D-NY)* Schroeder (D:CO)* Schulze (R-PA) Skaggs (D-CO) Sikorski (DFL-MN)* Slaughter (D-NY)* Smith (R-NJ)* Smith (D-FL)* Solomon (R-NY) Spratt (D-SC)* Stark (D-CA)* Swett (D-NH)* Torricelli (D-NJ) Unsoeld (D-WA)* Valentine (D-NC)* Waters (D-CA)* Waxman (D-CA)* Weiss (D-NY)* Wolf (R-VA)* Yatron (D-PA)* * Co-sponored Pelosi Bill ^ Co-sponsored HR1571 (Miller bill establishing corporate code of ethics) a 1 NATIONAL SECURITY COUNCIL June 19, 1991 FOR: JIM DYER FROM: DOUG PAAL FYI ATTITUDES TOWARDS CHINA MFN US-China Business Council June 17, 1991 (The following matrix is our best guesstimate based on meetings with Members and/or their staff, Members' public and private statements, and co-sponsoring existing legislation. Please contact Rich Brecher at 202/429-0340 if you have any additions or modifications to suggest. SENATE KEY 1. Supports MFN with no additional legislated conditions 2. Supports MFN, but undecided regarding conditions 3. Supports MFN, but leaning toward "mild" conditions 4. Supports MFN, but leaning toward "harsh" (Mitchell-type) conditions 5. Supports Resolution of Disapproval Bold face denotes position identified by Members' public statement 1 2 3 4 5 Adams (D-WA) Bentsen (D-TX) Harkin (D-IA) Akaka (D-HI)* Bradley (D-NJ) Baucus (D-MT) Boren (D-OK) Lieberman (D-CT) Biden (D-DE)** Cranston (D-CA)*^! Bond (R-MO) Breaux (D-LA) Riegle (D-MI) Bryan (D-NV)* Moynihan (D-NY)* Chafee (R-RI) Brown (D-CO) D'Amato (R-NY)* Cochran (R-MS) Bryan (D-NV) DeConcini (D-AZ)*^ Danforth (R-MO) Burdick (D-ND) Dixon (D-IL)*^ Dole (R-KS) Conrad (D-SD) Dodd (D-CT)* Durenberger(R-MN) Daschle (D-SD) Ford (D-KY)* Gramm (R-TX) Exon (D-NE) Glenn (D-OH)* Hatch (R-UT) Grassley (R-IA) Graham (D-FL) Kerry (D-MA)*^ Kasten (R-WI) Hollings (D-SC)* Lugar (R-IN) Kohl (D-WI) Inouye (D-HI)* Murkowsky (R-AK) Lott (R-MS) Kennedy (D-MA)*^ Pressier (R-SD) McConnell (R-KY) Kerrey (D-NE) Rudman (R-NH) Nickles (R-OK) Leahy (D-VT) Sanford (D-NC) Packwood (R-OR) Levin (D-MI) Simpson (R-WY) Pryor (D-AR) Metzenbaum (D-OH)* Robb (D-VA) Mikulski (D-MD) Roth (R-DE) Mitchell (D-ME)*^ Seymour (R-CA) Pell (D-RI)* Rockefellar (D-WV) Sarbanes (D-MD)* Sasser (D-TN) Simon (D-IL) Wallop (R-WY)* Wellston (DFL-MN) Wirth (D-CO)* Wofford (D-PA)* * Co-sponsored S.1084 (Mitchell conditions) A Co-sponsored S. Con. Res. 19 (Cranston sense of the Senate) ! Sponsored Resolution of Disapproval RB SENATE NOTES (June 13, 1991): Sen. Adams (D-WA) Terry Leitzell of Bogle & Gates brought National Apparel & Testile Assoc to meet with Adams. Adams says he's supportive and would be willing to help find an alternative. Sen. Akaka (D-HI) Co-sponsored Mitchell Bill. Sen. Baucus (D-MT) 6/4/91 Michael Punke Dion Anderson (TMA,Eaton,McDD) Baucus supports MFN w/o conditions. "Smart weapons not carpet bombing." Supports 301 action to correct trade imbalance, export controls and multilateral action through COCOM for proliferation problems and Special 301 for IPR problems. Not convinced we can win veto fight w/o 301 action by the White House. Sandy Berger and the wheat folks have had a lot of contact with them. Follow-up: Keep in touch with Punke, track progress of Baucus letter. Baucus/Punke May want to meet CIC/Zhao reformers. Sen. Bentsen (D-TX) 6/6/91 Marcia Miller (TMA,Dresser,GM) Focus will be on conditionality. May be another option to Mitchell - a more moderate alternative - but Marcia has no instructions to begin preparing one. Bentsen has not decided as of yet. Last year, Bentsen was willing to allow conditionality bill to go to floor, but Dole stopped it. No idea where others in the Committee stand on the issue. Hearing will be held in couple of weeks. Marcia seems soft on the no-conditions position. 6/14 Marci rejected Council, CIC and Lu Mai applications to testify. Says witness list already skewed toward pro-MFN. We had our chance last year, wanted to give others a chance. IFCS is on program cause they've been working the issue harder/longer than anyone?! Human rights/student panel very skewed anti-MFN, with John Kamm defending MFN. Marcia feeding me lines, not reassuring at all. 6/13 Ray Garcia says Bentsen still holding cards tight to the vest. Ray is organizing delegation of TX companies to visit with Bentsen next week. Also working with TX Association of Business to send letters. Also working on Gramm. Sen. Biden (D-DE) Co-sponsored Mitchell Bill. Sen. Bingaman (D-NM) Larry Bowles says he wants to do "something." Bingaman's Lappala cancelled 6/14 appointment w/ Council. Follow-up: Reschedule appointment. Sen. Bond (R-MO) Bond has made public statements in support of MFN w/o conditions. Supports the President. SB client has talked to him. McDD says he's fine. Sen Boren (D-OK) 6/11/91 Rebecca Cooper Brian Seaton (CIC) Cooper was not open to new information/ideas. Convinced conditions are "our right" and doesn't seem to care if they are effective or not. Claims to be working closely with Mitchell and will offer moderate condition package. Did not specify what moderate conditions may be, but will directly address human rights issues. Follow-up: ECAT met w/ Rebecca. Wrong to cut off MFN, but very frustrated w/ lack of agressive action from White House. Senator is undecided. Seems to be some positive movement in her position at least. Does not want to see MFN w/drawn. Ag groups coordinating joint letter. Should keep channels open with Boren and staff. Sen. Bradley (D-NJ) 6/4/91 Alix Sundquist (TMA,Dresser,ABB,Eaton) Alix supports MFN but has no entre to Bradley. Bradley did not consult staff on the issue last year either. Alix only on temporary assignment in Bradley's office - starts new assignment as Counsel General in Bourdeaux next week. Bradley still undecided, but leaning toward withdrawing MFN. MFN has not worked. Political dimension reinforces this position. Would like specific info on impact of MFN withdrawal on NJ employment. Follow-up: Contact J&J, Concord, W-L, ATT, Sealand, Nepera, Exxon, Cyanamid, Hoechst, Human Resources, American Standard, Allied Signal to follow up. Sent letter 6/8. TMA concentrating on this office. Sent letter signed by 24 toy companies. He appears to be backtracking from his initial stand. Sen. Breaux (D-LA) 6/11/91 Mark Ashby (CIC,TMA,GM) Mark has China/Taiwan experience and speaks fair Chinese. Asked a lot of specific questions about new developments in China (forex retention, tax system, rehab of old reformers, etc.). Mark is pushing for MFN, and was interested in the Baucus letter, but says the Senator is undecided. Breaux' initial posture based on emotional response - now reconsidering. There is a split w/in the office. Mark remarked that correspondence from business has been pro-MFN and heavier than last year. Leaning toward MFN w/o conditions, but will be more influenced by Bentsen than Baucus. 6/14 RB stopped in to ask if Breaux interested in meeting with CIC/Zhao reformers. Ashby thinks he might be and will put it to him over the weekend. Also may help with opposition in the office. Follow-up: Keep In touch with Mark and arrange meeting with CIC/Zhao folk. Sen. Brown (R-CO) 5/31/91 Carter Pilcher (foreign policy LA) (TRW,TMA,MCDD) Brown circulating letter regarding concern for prison labor. Voted for Pease w/ Pelosi amendments last year, but did not sponsor Mitchell this year. Pilcher feels business community let students down, and is not protecting workers from persecution. Don't think Pilcher represents Senator's views on this matter (hope not at least). Follow-up: 6/8 sent CIC materials and JV paper. Stressed point that business, by its nature, is subversive to a centralized command economy. Decentralization, which is necessary for economic takeoff, weakens binds of totalitarian regime. 6/13 Senator remarks/questions at Senate Foreign Relations hearing seemed supportive of MFN. Said he was interested in examining trade aspects of MFN w/drawel. and noted US maintains MFN w/ many countries that sport poor human rights records. Dictated conditions are not effective means for influencing others. Interested in pursuing other ways of influencing Beijing, w/o using MFN as bargaining chip. May support light symbolic conditions. Follow-up: Should arrange CIC/Zhao meeting with Senator. Sen. Bryan (D-NV) (ECAT) Co-sponsored Mitchell Bill. Feels something needs to be done, but not sure what. Undecided on conditions. May be persuaded to take another course. Sen Burdick (D-ND) Vicki Hicks Mr. Yi met with Hicks. Burdick supported MFN last year, but decision is more difficult this year. May vote party line. Sen. John Chafee (R-RI) 5/20/91 Christopher Dachi (L.A. - did China junket) Michael Platner (L.A. - tax and trade) (TMA) Dachi strong supporter, Plantin feels "no condition" stand is unrealistic. Senator was strong supporter last years, but they have not discussed issue w/ him this year. Dachi expressed possibility of Chafee taking leadership role in support of MFN, but will have to overcome internal staff resistance (Platner and Chief of Staff). Hasbro CEO should be able to pull some weight w/ Chafee. Follow-up: 5/20 sent thank you and copy of investment position paper and materials on investment in S. China. TMA arranged Hasbro CEO meeting with Chafee. Chafee reportedly supporting MFN w/o conditions. Sen. Thad Cochran (R-MS) 6/11/91 Robert McArthur (CIC,GM) Concerned about human rights and missile sales, but not sure how to go about it. Understand that formal conditions would be counterproductive. Mentioned the damage MFN w/drawal would have on Payless. Follow-up: None. Sen. Conrad (D-SD) 6/11/91 Mr. Cline Cline very supportive of our position. Cline was Chinese language/lit major at Univ Illinois and knows Asia well. Has published 2 op eds in Balto Sun. On principle, the Senator opposes unilateral sanctions - they are not effective and counter productive. Conrad also concerned with fate of Hong Kong. At this point, Conrad is undecided, but will probably go with MFN. Follow-up: Should follow-up to gauge Conrad. Sen. Cranston (D-CA) Co-sponsored Mitchell Bill. Sponsored S.J Res 153 to w/draw MFN. Sen. D'Amato (R-NY) Co-sponsored Mitchell Bill. Only wants to meet with NY companies. Sen. Thomas Daschle (D-SD) 5/20/91 Mark Ulven (L.A. - trade and ag) (TMA, AT&T) Senator undecided - may be sympathetic to some conditions. Ulven says Daschle would have cosponsored Mitchell bill if not for wheat exports. My sense is that Ulven may be more hostile to our position than the Senator. Ulven would like to hear from Zhao Ziyang people. Follow-up: 5/20 sent thank you and copies of investment position paper and China Info Center paper from last year. Will forward Gao Xin letter and new position paper when it is available. Arrange for CIC people to meet with Daschle/Ulven. 6/11 RB saw Ulven and Michael Garrity again along with Xiao Xia and Liu Yuan from CIC. Very good meeting. CIC made persuasive pitch. Should followup w/ phone call to gauge Daschie's position. Sen. John Danforth (R-MO) 5/22/91 Kevin Dempsey (Counsel) (TRW,TMA) He is nervous about the White House, triggered by the Fitzwater talk regarding conditions. Danforth supportive of MFN w/o conditions, but afraid to get out front on this, until President makes his position clear. Feels something does need to be done on trade front, and Special 301 is a start, but more is warranted. Very nervous about starting any discussion of conditions - would either be so weak as to be toothless (and an embarrassment), or for-real, and thus doom MFN. Dempsey noted we have allies on the Hill (Baucus). Says key to Bentsen is to help his trade guy over his foreign affairs people. Same goes for Gephardt, who is very influential on trade matters. Follow-up: Sent letter 5/22. Sen. DeConcini (D-AZ) Co-sponsored S. Con. Res. 19, Mitchell Bill and own Resolution of Disapproval. Sen Dodd (D-CT) 6/4/91 Matt Hersh (McDD,GM,Eaton,TMA,Dresser,ABB) Hersh admits conditions not effective. Hersh very interested in info on S-N China dichotomy. Also wants details on CT commercial interests. Concerned that MFN withdrawal will hurt primarily low-income Americans. Dodd co-sponsored Mitchell Bill (did not consult Hersh), but will not be out front on this issue. I don't think we can turn him around on MFN, but could at least silence a potential critic. Follow-up: 6/8 sent materials on North VS South China. Press UTC to weigh In with them. Followup with State of CT. Sen. Robert Dole (R-KS) 6/7/91 Al Lehn Lehn told TS on phone he is "meetinged out" on China MFN - and not willing to meet with Council. Dole on record supporting President. If didn't, wheat farmers would have his hide. Follow-up: 6/8 sent packet of materials including positon papers, jv paper, CIC and Ying Liu materials. Sen. Durenberger (R-MN) 5/29/91 Michael Zarren (McDD, TMA, CDC, Cargill, Fluor) Supports Bush's efforts to retain MFN. *MFN is not the right tool to get China to do what we want them to do." But not 100% on this. Would like to see a complete list of MN companies with commercial interests in China (incl smaller companies). Zarrin is optimistic President will prevail in veto fight. Zarrin visitied BJ, Kunming and GZ in March/April. Met with model entrepreneurs in GZ. Follow-up: Send list of companies. Should see again. Sen Exon (D-NE) 6/6/91 Chris McLean (RD Folsom, Lou Dreyfus) Supported the President's position last year, but needs to "study" the issue more this year. Concerned with what MFN extension got us last year. Also concerned about weapons sales and convict labor problem. Folsom gave him CRS wheat report. Follow-up: 6/8 sent export stats and CIC and economist materials. Sen. Glenn (D-OH) 6/91 (ECAT) Gonna stick with Sen. Mitchell. Sen. Gramm (R-TX) 6/11/91 Wayne Abernathy (CIC,TMA,GM,TRW,Dresser,Haliburton) Tends to support the President, and probably would not vote for any bill the President would veto, but would vote for conditions if White House favored them. Texas out-exports California on per capita basis and is second only to CA for total exports. Gramm is a free trader. Follow-up: None. Sen. Grassley (R-IA) 5/29/91 Bob Zudwiczak - AA (McDD, Cargill, CDC) Senator undecided. Will wait and see what comes out on the floor. "Got burned last year." (?) Vote will be decided on pure politics. Mexico fast track used up a lot of Bush's political capital. Members will vote their conscience or the politically expedient option on MFN. Bob thinks some conditionality may be warranted, but will wait to seen if alternative to Mitchell emerges. RB: gut feel is that Grassley would vote for conditions on first go-round, but support President on the override. Follow-up: 6/8 sent CIC and Ying Liu materials. Should see him again as issue develops. 6/1 sent letter and materials. Sen. Harkin (D-IA) 6/14/91 Mr. Sweeney (TMA) Senator has real problems with China - particularly concerned with human rights. Recognize distinction between political and economic complaints, but Harkin does not believe the President will follow through with sanctions. "Hear a lot of rhetoric, but when push comes to shove, doubt he'll implement sanctions." Harkin didn't cosponsor Mitchell or Deconcini, but leaning against MFN for China. Does not buy assumption that economic reform necessarily leads to political reform. Considers MFN a reward, not a right. Follow-up: None. Sen. Hatch (R-UT) 6/14/91 Steve Brown RB spoke to Brown on phone. Senator will support administration. Recognize problems, but MFN not the tool to use. Brown not aware if Senator has made public comments on the subject. Follow-up: Brown will be in Utah all next week. May schedule to drop by and leave some materials. No rush. Sen. Mark Hatfield (R-OR) 6/7/91 Julie McGregor Told TS she thought it would be better to just send information than to meet. Follow-up: 6/8 sent packet of materials including CIC and Ying Liu materials. Call and scope out Hatfield's position. Sen, Kasten (R-WI) 6/14/91 Mark Rose (TMA,Dresser,GM) Senator now formulating position. Wants to hear from UW Chinese students. Also wants shopping list of WI interests in China. Senator would like to talk on phone with UW students, and may want to meet with CIC and Zhao reformers. Follow-up: Arrange CIC/Zhao meeting with Senator. Call Jean Sybelvin at 224-5323, and refer to Mark's recommendation. Ask CIC to Identify some UW supporters. Sen. Kerry (D-MA) (ECAT) Co-sponsored Mitchell Bill. Remarks at 6/13 Sen. Foreign Relations Hearing indicate Senator favors keeping MFN with light conditions. Believes our influence, and influence leveraged by trade is major catalyst for change in China. Does not want to "cut off our nose to spite our face." Says Mitchell goes too far. Would like to see China cut off weapons supplies to Khmer Rouge. 6/15 article in Boston Globe indicate Kerry now supports President's position. Follow-up: Arrange Kerry to meet with CIC/Zhao reformers. Sen. Kennedy (D-MA) Co-sponsored Mitchell Bill ans S. Con. Res. 19. Sen. Kerrey (D-NE) Co-sponsored Mitchell Bill Sen. Kohl (D-WI) 6/14/91 Mullooly (TMA) Mullooly sensitive to free trade argument. Kohl also sensitive to business issues. He took lead role in getting Chinese students into the States. Kohl stepped in to meeting, and RB mentioned pro-MFN democracy activists and Zhao reformers are coming down to DC - Kohl may wish to meet with them. Mullooly requested memo on WI interests in China. Mullooly relatively junior staff. Will have to convince Chief Counsel Jon Leibowitz to bring Kohl over on this issue. Follow-up: Prepare memo on WI interests. Arrange CIC and Lu Mai to meet with Kohl. Work on Jon. Sen. Lieberman (D-CT) 6/14/91 Danvers (Dresser, TRW,AIA) Senator wants to do something - leaning towards Win Lord's moderate conditions. "We want cover," and it's going to be conditional MFN. The Baucus letter is not enough. President has no credibility w/ Congress on this issue. Don't believe he will follow through. Too little too late. Follow-up: Denvers, and maybe the Senator would be interested in meeting CIC and the Zhao reformers. Arrange meeting. Sen. Lott (R-MS) 6/11/91 Dr. Miller (CIC,TMA,GM) Miller new to job, but picking it up fast. Was initially opposed to MFN, for emotional reasons, but more he learns about subject, the more he is convinced this is not the answer. Lott undecided as of yet. Textile interests may sway him to conditions. Follow-up: Should keep up the pressure, and get some MS businesses in to see him. Sen. Lugar (R-IN) 6/4/91 Andy Semmel (TMA, Dresser, Eaton, McDD, GM, Louis Dreyfus) Andy thinks some Republican alternative that blends Mitchell and Bush position will be needed. Senate will pass some type of conditionality bill. The challenge is making it meaningful, but allow MFN wot be extended. Substantive arguments are convincing, but gotta work the politics. We discussed possible democratic allies: Boren, Robb, Daschle, Bentsen & Rockefeller (in addition to Baucus). Follow-up: 6/8 sent JV piece and CIC/economist materials. Sen. Mitch McConnell (R-KY) 5/22/91 Brian Riendeau (friend of VL) (TRW,TMA) McConnell undecided. Riendeau would like to see MFN extended w/o conditions considering the issue strictly on its merits. But the politics are ugly. There is a division w/in the staff on this issue. No decision was made last year. McConnell did back the President on the student visa issue. Riendeau very impressed by Bush statement at Republican caucus announcing his intent to renew MFN. It was evident this is issue he is personnally, and sincerely committed to winning. This is not an issue to break with the President on. McConnell going to HK and Thailand over July 4 recess. The Senator wants to hear from HK interests. Follow-up: Sent conditions paper and offered to put McConnell in touch with HK businesspeople. Should follow up with Brian and Peter Lo. 6/11 met with Brian and CIC people. Good substantive meeting. Peter had dinner with Mitch. May arrange to meet with Senator when CIC folks come to testify for Senate Finance. Sen. Frank Murkowski (R-AK) 5/31/91 (Jennifer Brick LA) (TMA,Halliburton( Jack is 95% sure Senaor will support unconditional extension. Has been approached by group of Chinese students in AK that support conditions. Murkowski very interested in extending MFN to Vietnam, and will use same argument that Bush uses for China. Senator feels we will retain MFN only if coupled with strong administrative action. MFN is "not the proper tool," but would support onter actions. Follow-up: 6/8 sent letter and CIC, economist materials. Sen. Pressier (R-SD) Doug Miller Told TS on phone that he'd like to "share intelligence." Repeatedly did not return RB's repeated phone calls. 6/3 Congressional Record (S 6906), supports Bush's China policies. Denial of MFN would be a mistake - would lessen our influence inside China. We forget how important our businessmen are in spreading the ideals of American free enterprises and democracy. Concerned about loss of US export opportunities. Sen. David Pryor (D-AR) 5/22/91 Ed Quick (friend of VL) (TRW,TMA) Quick has no idea where Pryor stands on issue. He had a heart attack and won't be back till June. Pryor was undecided throughout the debate last year. Will probably follow Mitchell and Ford, since Pryor is #3 ranking democrat. Follow-up: 5/23 sent letter along w/ listing of AR exporters to China. 6/91 ECAT met with Don Harrell (AA). Cal thinks Pryor might be persuaded to go w/ MFN w/o conditions. Leaning toward our position. Sen Riegel (D-MI) 5/29/91 Rick Sammans (TMA, TRW) We have a leader with a strong position on this (Mitchell), and their is a strong prediliction to support your leader. Different debate than last year. This is high politics now. Skeptical about State's assurances on emigration. Whether it will hinder or help is open to judgement, so will probably decide based on politics. Follow-up: 6/1 sent letter. ECAT met with Sammans and indicated willingness to pursue more moderate course than Mitchell. Sen. Robb (D-VA) 5/29/91 Peter Cleveland (TMA, Cargill, CDC, McDD, ABB) Senator is undecided. Supported the President last year, but much more difficult situation this year. Senator is aware of the economic stakes involved, but facing the basic question: "What can we do?" Robb recognizes moral component of our foreign policy, concerned about human rights and Cambodia. Recognize that Mitchell Bill is just delayed removal - conditions are too tough, and 6 months is insufficient amount of time. Follow-up: 6/1 sent letter addressing need for China cooperation for peaceful settlement of Cambodia problem and 1990 CIC materials. Should see again. Sen. Rockefellar (D-WV) 6/14/91 Bill Reinsch (RD,TMA,IBM) On McGlothlin, Senator expressed sympathy for Soviet MFN cause they are moving in right direction. China is moving the other way. WV does not have great deal of commercial interest, and Reinsch, not surprisingly, unimpressed by TMA's pitch for imports (Reinsch was formerly Heinz' trade guy). Follow-up: IBM to get details on their China business. Senator William Roth (R-DE) 5/20/91 Mary Irace (AT&T, TMA, GM) irace sympathetic to no conditions, but claims Roth as yet undecided. Roth was strong supporter last year. Irace stressed need to get CEOs to contact Senators directly. Also want to hear from the students. Follow-up: 5/20 sent thank you and copies of investment position paper and China Info Center paper from last year. Will forward Gao Xin letter and new position paper when it is available. Should meet again, and arrange CIC to meet with Roth. Sen. Warren Rudman (R-NH) 6/7/91 Paul Jacobson Jacobson told TS on phone that Rudman is behind the President and a meeting is not necessary. Follow-up: 6/8 sent materials including CIC and Ying Liu materials. Should contact Jacobson and further scope out position. Sen. Seymour (R-CA) 6/12/91 Pat McCartin (CIC) Gave us the glad hand, but would not reveal anything about the Senator's position. Follow-up: Should talk to again. Maybe see someone in the Senator's office. McCartin is on sub-committee staff. Sen. Simon (D-IL) 6/13/91 At Sen. Foreign Relations Hearing said he supports conditions and would vote for Mitchell bill rather than approve MFN. Intent on "sending a message" to the Chinese people and government. Follow-up: None. Sen. Simpson (R-WY) 6/6/91 Katherine Burnett (Dresser,GM,TMA) Supports MFN w/o conditions. Interested in exploring w/ Dole and Sen Finance a strategy to take wind out of Mitchell's sails. 301 action ala Baucus may be in order. Talking to Baucus on this. White House meeting on Tuesday was a rah rah session. WH advice is to wait and let Mitchell play his cards. Follow-up: 6/8 sent JV report and CIC/economist materials. 6/11 press release quoting Simpson statement to Hong Kong mission claiming "we'll get enough votes to sustain an (MFN) vote. and it will be bi-partisan." "I'm totally and deeply committed and we're going to get it done - - w/o conditions." (senate.mmo/mfn) THE WHITE HOUSE WASHINGTON SECOND MEETING 6/12/91 COCHRAN Supports the President. Worried about failure to pass MFN would undermine the private sector. NICKLES Will be with us in the end. Student vote was tough last year. Wants us to get some Democrats involved. Concerned about Chinese missile sales to Syria. Would support Sense of Senate Resolution on slowing imports. GRAMM Supports us. Wants us to get some Democrats. Also make this vote a litmus test of loyalty to the President. Also get farm groups energized to support us. MURKOWSKI Will support but needs some cover. May support a Sense of Senate on students. Worried that GB is perceived as too unyielding on Chinese student issue. THURMOND Supports the President totally. Worried that we don't do anything to screw up prison labor export program is the U.S. BOB SMITH Not there yet. Looks at E. Europe and doesn't see how MFN has helped us (?) Also is troubled by sanctions on South Africa but not on China. KASTEN Getting some student support helps him. We must stop missile sales to Syria and Pakistan. Also concerned that we show support for Dalai and Radio Free China. Not there yet. LOTT Will be there in the end if it's Bush VS. Mitchell. Wants us to get Southern Democrats. Trade deficit plus missile policy bothers him most. 05/31/51 041 5095 DOS LEGIS AFFAIR NSC LEGISLATIVE 002/003 First Meeting HOUSE Foley: is not comfortable with the huge momentum to revoke MFN within the House. As a representative from a wheat-exporting, Pacific coast state and the home of Boeing aircraft, he understands all the drawbacks of the loss of MFN for China. Michel: as Republican leader, supported the President's China policy last year and will be important in influencing fence-sitting members of his party this year. Rostenkowski: as Chairman of the Ways and Means Committee supported the President last year on unconditional MFN. He will have an important say in the procedures for bringing the MFN bill out of committee and to a vote on the floor. Archer: Ranking on Ways and Means, fully supported the President again. last year and will be an important ally Gibbons: as Chairman of the Trade Subcommittee of Ways and Means will have equal importance in managing these bill and has been the President's hardest working supporter in preserving MFN. Crane: is ranking on the subcommittee, supports the President, and is an effective counter to those more conservative Republicans on the subcommittee who would like to disrupt Gibbons' helpful tactics. Fascell is interested in a practical approach to MFN for China. Even though he may vote against the President on the floor, he is interested in working backstage to formulate the best conditionality alternative to Pelosi's bill. Broomfield has not been a supporter of the President's policy in the past but as the ranking member of HFAC, he should be involved in the first White House meeting on MFN. SENATE: Dole: has consistently spoken out strongly on MFN and has carried the day on MFN on a number of occasions, most emphatically last fall when he threatened Mitchell with 20 hours of debate if the MFN conditionality and denial bills from the House were put on the calendar at the end of the session. Lugar: has been the advocate for the administration (opposite Mitchell) in early TV debates about this year's decision to renew MFN. He is, however, very concerned about the proliferation issue as a part of the MFN debate. Bentsen: is opposed to the revocation of MFN, but he must balance those instincts against his role as Chairman of the Finance Committee and legislative ally of Mitchell. He will be most concerned about allegations of unfair trading practices by the Chinese as a truly relevant issue for consideration of MFN status. Simpson: as Minority Whip, has been one of the most resourceful and tenacious supporters of the President's China policy. He will be a staunch ally in this year's debate. Rudman: has been the only Senator to visit China since Tiananmen, which he did at the request of the President. He has consistently supported the President's policy, even in some of the early Sense-of-Senate votes when 90 percent of the Senate condemned the policy. Boren: as Chairman of the Intelligence Committee, will be a key member on the issue of missile proliferation. Coming from a wheat exporting state, he realizes the cost to his farmers from trade retaliation by the China to a MFN loss. Lieberman: is interested in both human rights and proliferation problems. He is somewhat impressed with the President's new sanctions announced at Yale. He has been contacted by United Technologies regarding aircraft exports to China. Robb: is concerned about both the human rights and proliferation issues. He is in favor of establishing some markers for the Chinese for future MFN waivers, but he believes that the Mitchell bill will simply lead to withdrawal in six months. Virginia businessmen have been lobbying him heavily on MFN for China. b S.1084 Cosponsors, by Name (Screen B - - 1 of 2) CURRENTLY: 26 Democrats 2 Republicans --- 28 Cosponsors AKAKA (D-HI) As Introduced 05/16/91 BIDEN (D-DE) As Introduced 05/16/91 BRYAN, RICHARD (D-NV) As Introduced 05/16/91 CRANSTON (D-CA) As Introduced 05/16/91 DECONCINI (D-AZ) As Introduced 05/16/91 DIXON, ALAN (D-IL) As Introduced 05/16/91 DODD (D-CT) As Introduced 05/16/91 D'AMATO (R-NY) As Introduced 05/16/91 FORD, WENDELL (D-KY) As Introduced 05/16/91 GLENN (D-OH) As Introduced 05/16/91 GRAHAM, BOB (D-FL) Added 05/21/91 HOLLINGS (D-SC) As Introduced 05/16/91 INOUYE (D-HI) As Introduced 05/16/91 KENNEDY, EDWARD (D-MA) As Introduced 05/16/91 KERREY, BOB (D-NE) Added 06/05/91 KERRY, JOHN (D-MA) As Introduced 05/16/91 Type selection, 'MENU' or 'HELP' S. 1084 Cosponsors, by Name (Screen B-2 of 2) LEAHY (D-VT) As Introduced 05/16/91 LEVIN, CARL (D-MI) As Introduced 05/16/91 METZENBAUM (D-OH) As Introduced 05/16/91 MIKULSKI (D-MD) As Introduced 05/16/91 MOYNIHAN (D-NY) As Introduced 05/16/91 PELL (D-RI) As Introduced 05/16/91 SARBANES (D-MD) As Introduced 05/16/91 SASSER (D-TN) As Introduced 05/16/91 WALLOP (R-WY) As Introduced 05/16/91 WELLSTONE (D-MN) As Introduced 05/16/91 WIRTH (D-CO) As Introduced 05/16/91 WOFFORD (D-PA) As Introduced 05/16/91 Type selection, 'MENU' or 'HELP' SENATOR BROCK ADAMS SENATOR PAUL WELLSTONE 4 SENATOR DANIEL AKAKA 4 SENATOR TIMOTHY WIRTH 4 SENATOR MAX BAUCUS 2 SENATOR HARRIS WOFFORD 4 SENATOR LLOYD BENTSEN 2 SENATOR JOSEPH BIDEN 4 SENATOR JEFF BINGAMAN SENATOR DAVID BOREN 2 SENATOR BILL BRADLEY 4 SENATOR JOHN BREAUX SENATOR*RICHARD BRYAN 4 SENATOR DALE BUMPERS SENATOR QUENTIN BURDICK SENATOR ROBERT BYRD SENATOR KENT CONRAD SENATOR ALAN CRANSTON 4 SENATOR THOMAS DASCHLE 2 SENATOR DENNIS DECONCINI 4 SENATOR ALAN DIXON 4 SENATOR CHRISTOPHER DODD 4 SENATOR JAMES EXON 4 SENATOR WENDELL FORD 4 SENATOR WYCHE FOWLER SENATOR JOHN GLENN 4 SENATOR AL GORE SENATOR ROBERT GRAHAM J SENATOR TOM HARKIN SENATOR HOWELL HEFLIN SENATOR FRITZ HOLLINGS SENATOR DANIEL INOUYE 5 SENATOR BENNETT JOHNSTON 2 SENATOR TED KENNEDY 4 SENATOR JOHN KERRY 4 SENATOR BOB KERREY SENATOR HERB KOHL SENATOR FRANK LAUTENBERG SENATOR PATRICK LEAHY 4 SENATOR CARL LEVIN 4 SENATOR JOSEPH LIEBERMAN 3 SENATOR HOWARD METZENBAUM 4 SENATOR BARBARA MIKULSKI 1 SENATOR GEORGE MITCHELL 5 SENATOR DANIEL MOYNIHAN L SENATOR SAM NUNN SENATOR CLAIBORNE PELL 4 SENATOR DAVID PRYOR 2 SENATOR HARRY REID TOTALS SENATOR DONALD RIEGLE 3 SENATOR CHARLES ROBB 2 1. No Conditions SENATOR JOHN ROCKEFELLER 2. Undecided on Conditions 8 SENATOR TERRY SANFORD 2 3. Mild Condition 2 SENATOR PAUL SARBANES 4 4. Supports Mitchell 28 SENATOR JIM SASSER 4 5. Opposes MFN SENATOR RICHARD SHELBY SENATOR PAUL SIMON 3nd Bung Byd Dos For Sere kne Pryer Reid Rocke