Conference on U.S. Leadership in ISO and IEC Technical Committees Presented by Gary Kushnier

1. ANSI’s China Activities Conference on U.S. Leadership in ISO and IEC Technical Committees Presented by Gary Kushnier ANSI Vice President of International Policy

2. ANSI’s China Activities • ANSI’s China Strategy • Report of July 11 ANSI bilateral meeting with SAC • Update on WAPI issue • Relevant actions for the Future • US Visitor Visa Challenges

3. ANSI’s China Strategy • In 2004, the ANSI Regional Standing Committee – Asia Pacific (RSC-AP) developed the ANSI strategies for the Asia Pacific region. Strategies dealing with China led the list. • These strategies were subsequently submitted to the ANSI International Policy Committee (IPC) which, together with input from the RSC-Americas, RSC-Europe, Middle East, Africa (RSC-EMEA), the ANSI ISO Council (AIC), and the USNC, formulated and approved an overarching ANSI international strategy. • This document was subsequently submitted for consideration and inclusion into the US Standards Strategy (USSS).

4. ANSI’s China Strategy (continued) ANSI’s strategies for China: 1Promote ANSI member, U.S. standardization and conformity assessment positions with counterpart institutions in the PRC. The primary positions include: 1.1 Actively promote the consistent worldwide application of internationally recognized principles in the development of standards, including those reflected in the WTO Technical Barriers to Trade Agreement and the Decision on Principles for the Development of International Standards. Specifically these include: Transparency, Openness, Impartiality, Effectiveness, Relevance, Consensus, Performance-based, Coherence, Due Process and Technical Assistance. In addition, U.S. interests strongly agree that the process should be: Flexible, Timely and Balanced.

5. ANSI’s China Strategy (continued) Strategy 1 (continued) 1.2 Promote Chinese use and adoption of internationally recognized standards in preference to Chinese-proprietary national standards. 1.3 Promote and facilitate Chinese participation in US-based but internationally recognized and accepted standards development processes where appropriate by sector. 1.4 Urge increased access for foreign participation on Chinese technical standards committees. 1.5 Encourage common governmental approaches to the use of voluntary consensus standards as tools for meeting regulatory needs 1.6 Promote and facilitate US participation in Chinese standards development processes where appropriate. 1.7 Promote and facilitate mutual recognition of Conformity Assessment processes

6. ANSI’s China Strategy (continued) 2 Work to prevent standards and their application from becoming technical trade barriers to U.S. products and services. 2.1 Support U.S. government initiatives in China relating to standards and conformity assessment. 2.2Engage with U.S. Foreign & Commercial Service and the Standards Attaché in China to effectively represent ANSI interests and perspectives on U.S. and international standards and conformity assessment. 3 Strengthen international outreach to promote understanding of how voluntary, consensus-based, market-driven sectoral standards and conformity assessment processes can benefit enterprises, consumers and society as a whole.

7. July 11, 2005 ANSI bilateral meeting with SAC • On July 11, ANSI met with representatives of the Standardization Administration of China (SAC), led by Administrator Li Zhonghai • SAC also met with the Department of Commerce and ASTM International during their visit to the U.S. • ANSI-SAC Meeting issues focused on: • The respective National Standards Strategies • The difference between ANSI and NIST in their respective roles in the U.S. Standardization System • The extent of public and private-sector participation in standardization • The revision of the Chinese Standardization law • IPR / Patent royalty issues and their impact on international standards

8. Update on WAPI issue • Since mid-2004, China has sought to introduce its proposed WAPI standard into ISO/IEC JTC1. • ISO and IEC hosted an exceptional meeting in Geneva on May 17, 2005 to address issues related to WAPI. Representatives included were: • The Standardization Administration of China (SAC) • ANSI as the secretariat of ISO/IEC JTC1 • The IEEE and the British Standards Institution (BSI)(through whom the IEEE proposal was submitted)

9. Update on WAPI (continued) • As a result of this Geneva meeting, an ISO/IEC special working group meeting was held in Beijing 8-12 August 2005 to attempt to resolve the relevant technical issues (the desired objective of developing a single technical solution acceptable to all parties) and to provide a recommendation to the meeting of ISO/IEC JTC1/SC6 in France on 2 September 2005.

10. Update on WAPI (continued) • As the Beijing meeting was unsuccessful in providing a mechanism for harmonizing IEEE 802.11i and SAC’s WAPI proposal and in accordance with the resolution of the ISO/IEC JTC1/SC6 meeting… • the Secretary -General of ISO and the General Secretary of the IEC called for the parallel fast-track submission of IEEE 802.11i and SAC’s WAPI proposal using the ISO/IEC JTC1 Fast-Track procedures.

11. Update on WAPI (continued) • Both IEEE 802.11i (ISO/IEC 8802-11 AMD 6) and SAC’s WAPI proposal (ISO/IEC 8802-11 AMD 7) were circulated to ISO/IEC JTC1 members for a 30-day review period that ended October 7, 2005 to determine if there are any contradictions to ISO/IEC JTC1, ISO, or IEC standards. Despite many contradictions being noted by JTC-1 members, both proposals were submitted for parallel Fast-Track ballot on October 7, 2005 (5 months) as neither submitter decided to withdraw their proposal. Similarly, the voting on both proposals will close simultaneously and the results will be addressed in a joint ballot resolution meeting, again unless one or both submitters decide to withdraw their proposal.

12. Current ANSI China Interaction • Via ISO and IEC with SAC • Via PASC and the PASC Standing Committee with SAC • Via the IAF and PAC with the Administration of Certification & Accreditation of China (CNCA). • ANSI conducts ongoing staff and delegation bilateral meetings with Chinese officials of the various Chinese standardization bodies: • Standardization Administration of China (SAC) • Chinese Administration of Certification & Accreditation (CNCA) • Standards Press of China (SPC) • China National Institute of Standardization (CNIS) • the State Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) • China Association for Standardization (CAS), and others

13. China Standards and Conformity Assessment Bodies FAO Inquiry point WTO/SPS AGRI Ministry of Agriculture International Inspection and Quarantine Standards and Technical Regulations Research Centre Codex WTO/TBT CNAB(National Accreditation Board for Certifiers) IAF AQSIQ State Administration of Quality Supervision, Inspection and Quarantine CNCA Administration of Certification & Accreditation of China CNAT(National Auditor & Training Accreditation Board) OIML PAC CNAL( National Accreditation Board for Laboratories) APLMF CQC(China Quality Certification Center) APEC/ SCSC ILAC CCIC(China Certification & Inspection Group) APLAC SAC Standardization Administration of China CAS(China Association For Standardization) IEC CNIS(China National Institute of Standardization) JTC1 ISO SPC(Standards Press of China) BIPM PASC APMP NIM(National Institute of Metrology) National Secretariat for JTC1 & IEC TC3/SC3D ITU MII Ministry of Information industry CESI(China Electronics Standardization Institute CCSA(China Communication Standards Association) NITS (National Information Technology Standardization Technical Committee) Regional CWTS (China Wireless Telecommunication Standards working Group) Government www.ansi.org Standards Activities International Policy Papers and Charts International Non-Government

14. ANSI Federation China Interaction • ANSI membership interacts in ISO & IEC TCs/SCs • ANSI ICT and Telecom members interact with Chinese Ministry of Information Industry (MII). • Chinese technical experts participate on the technical committees of the various ANSI-accredited US-based standards developing organizations (SDOs) • ANSI organizational members have offices in China, notably: • NEMA whose Beijing office is staffed by Shanlin Wen, former director of the Standardization Administration of China (SAC) and former chairman of the Chinese national committee to the IEC. • The Consortium on Standards and Conformity Assessment (CSCA) office in Beijing (ASME, API, ASTM, CSA America) • New DoC/ITA USFCS Standards Attaché posted in Beijing – Mark Lewis • 2004 and 2005 US DoC – AQSIQ Standards & CA Workshops

15. Future ANSI China Interaction • At the October 4, 2005 meeting of the ANSI International Policy Committee, considerable discussion took place regarding the subject of an ANSI presence in China.  The following resolution was agreed to: • In recognition of the changing global dynamic in the international standards arena, the IPC agrees that ANSI should produce a 2006 budget that increases resources in the ANSI IP Department at the ANSI Headquarters office in Washington, DC to work with China and related regional issues, including working closely with the ANSI membership and US government efforts. • Convening a workshop in 2006 to coordinate ANSI federation activities with countries, including China • Establishment of a US-China Standards Portal

16. US Visitor Visa Challenges • In March 2005, ANSI published a document titled ‘United States Visa System’ • Document developed in response to concerns that technical experts from China and other countries have been denied entry visas to the United States for attendance at technical committee meetings of IEC, ISO (including JTC1).

17. US Visitor Visa Challenges • Document intended: • To assist meeting sponsors and Technical Committee leaders in their communication with potential meeting participants from outside the U.S. on visa processing requirements, and • To give readers a better understanding of the process, care and time needed for Chinese experts or business guests to make a successful visa application. • Also included in the document are links to various Embassy or Consulate resources that will simplify the job of communicating correct and useful information related to obtaining a visa.

18. US Visitor Visa Challenges (continued) • All individuals who apply at a Consulate or Embassy abroad for a United States entry or re-entry visa are screened before the visa is issued, regardless of nationality. • The U.S. has strict visa laws because it is an open society. The US does not impose internal controls such as registration with local authorities on its visitors. Yet, in order to enjoy the privilege of unencumbered travel in the U.S., certain requirements must be met. • Foreign traveler has the responsibility to prove that he or she is going to return home from travel abroad before a visitor visa will be issued.

19. US Visitor Visa Challenges (continued) • U.S. consular officers are required by law to view every visa applicant as an intending immigrant until the applicant proves otherwise. Section 214(b) of the U.S. Immigration and Naturalization Act states: “Every alien shall presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status.” • Though the actual approval rate for first time visa applicants processed during 2004 through the U.S. Embassy in Beijing remains near 70%, most of those visa applications that were denied were refused under the terms of Section 214(b).

20. US Visitor Visa Challenges (continued) • An invitation letter written on behalf of an applicant can become an essential component of the package provided by the applicant for review by the consular officer during the interview process. • In all cases, the letter must be neat, accurate, and credible, and signed by a representative of the official host of the meeting that is being held in the United States: • For meetings of the IEC, a representative of the U.S. National Committee of the IEC (USNC/IEC) will prepare the invitation letter. • For meetings of the ISO, a representative of the American National Standards Institute (ANSI) will prepare the invitation letter.

21. US Visitor Visa Challenges (continued) • Delegates who request an invitation letter from the USNC/IEC or from ANSI are requested to provide the following information: • Name (as shown on the passport) • Passport number • Date of birth • Employer and title • Contact information (address; telephone; telefax and e-mail address)

22. US Visitor Visa Challenges (continued) • The invitation letter will include contact information (telephone, telefax and e-mail address) for the appropriate USNC/IEC or ANSI contact person should the interviewing officer has further questions. If available, relevant meeting documents – such as a draft agenda – will also be included. • The requesting delegate will receive a signed copy of the invitation letter via telefax or hard-copy mail (airmail) and an un-signed copy via e-mail.

23. US Visitor Visa Challenges (continued) • ANSI must work to ensure that technical experts are allowed to participate in ISO and IEC meetings held in the Untied States • Meeting participants need to be provided venue information, preferably three (3) months before the meeting and immediately begin the process of ensuring that they obtain the proper visas • If a technical expert notifies the meeting convener that their request for a US entry visa has been denied, and if the meeting is at least four weeks away, the meeting convener can forward this information to ANSI which can try to work with the US State Department regarding the visa • Very little can be done within 15 days of a meeting if a US entry visa is not yet obtained • ANSI cannot guarantee US entry visas as there may be legitimate reasons for certain persons to be denied entry

24. For more information: Headquarters 1819 L Street, NWSixth Floor Washington, DC 20036 Tel: +1 202.293.8020Fax: +1 202.293.9287 www.ansi.org | webstore.ansi.org | www.nssn.org American National Standards Institute Contacts • Gary KushnierVice President of International PolicyPhone: +1.202.331.3604E-mail: gkushnie@ansi.org • Steven BipesProgram Manager – Regional & Bilateral PolicyPhone: +1.202.331.3607E-mail: sbipes@ansi.org