A fair scheme of virtual currency system
On June 28, 2009, the Ministry of culture and the Ministry of Commerce jointly issued the "notice on strengthening the management of virtual currency in online games", which made it clear that virtual currency is expressed in the form of prepaid recharge card, prepaid amount or points of online games, but does not include game props obtained in game activities; Virtual currency shall not be used to pay for, purchase physical procts or exchange for any procts and services of other enterprises< The following is the full text of the Circular of the Ministry of culture and the Ministry of Commerce:
the Circular of the Ministry of culture and the Ministry of Commerce on strengthening the management of virtual currency in online games
the cultural departments (bureaus) and commercial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the central government, the Cultural Bureau and commercial bureau of Xinjiang proction and Construction Corps, Beijing, Tianjin, Shanghai and Chongqing Ningxia Hui Autonomous Region Cultural market administrative law enforcement corps:
with the rapid development of online games, online game virtual currency is widely used in online game business services. The virtual currency of online games not only promotes the development of online game instry, but also brings new economic and social problems. Mainly reflected in: first, the lack of protection of user rights and interests; Second, market behavior lacks supervision; Third, the online game virtual currency in the use of disputes
in order to standardize the operation order of online game market, according to the spirit of Interim Provisions on Internet culture management, notice on Further Strengthening the management of Internet cafes and online games (Wen Shi Fa [2007] No. 10) and notice on standardizing the operation order of online games and banning the use of online game gambling (Gong Tong Zi [2007] No. 3), etc, With the consent of the people's Bank of China and other departments, the notice on strengthening the management of virtual currency of online games is as follows
the mainstream trading platforms of bitcoin and lightcoin are very reliable both in terms of customer experience and security. Even the crowdfunding platforms such as European crowdfunding design project crowdfunding tokens with higher technical content than those so-called digital currencies.
China suppresses the value of its own currency (RMB), so that the price of China's export procts is cheaper than when it allows the currency to be determined by the market. China's monetary policy has hindered the growth of American economy and employment. Nobel laureate economist Paul Krugman estimates that China's monetary policy has reced US GDP by 1.4% a year. According to Fred bergstein of the Peterson Institute, allowing the yuan to rise to its real value will make U.S. manufacturing more competitive and add about 5 million manufacturing jobs in the U.S. mainland
generally speaking, according to the anti subsidy law of the United States, if it is indicated that the imported procts benefit from the export subsidies of foreign governments or cause damage threat to the instries procing the same or similar procts in the United States, the relief tariff can be imposed on these imported procts. However, the U.S. Department of commerce still refuses to investigate foreign governments' monetary measures as subsidies that can levy countervailing ties<
the key element of the revised fair trade currency reform act is that it overturns the long-term practice of the US Department of Commerce and is more stringent than the provisions of the US domestic law and WTO rules. Specifically, in the past, when subsidies were not limited to exports (for example, non exporters might make profits), the Ministry of Commerce would refuse to recognize them as export subsidies. The revised fair trade currency reform act requires the Ministry of commerce not to adopt such a clear line rule, but to consider all factors when deciding "export sustainability"
the revised fair trade currency reform act provides important guidance for the Ministry of Commerce on how to determine the existence of "interests" in the case of government intervention leading to undervalued currency. Specifically, the Ministry of commerce should assess the "benefits" according to the extra currency gained by exporters e to undervaluation, and use the generally accepted method of the International Monetary Fund (IMF) to determine the level of undervaluation
however, in all cases, the revised bill retains the following powers and responsibilities of the Ministry of Commerce, that is, to consider the actual situation of the case and make decisions according to whether it meets the legal elements necessary for export subsidies<
the WTO compliance of the revised fair trade currency reform act
the revised fair trade currency reform act is in line with the WTO rules, because the countervailing ty can be levied only after the Ministry of commerce makes a ruling based on all facts, which is in line with the WTO judgment standard for export subsidies. For example, only if: (1) foreign government's intervention in the money market constitutes "financial assistance" 2) An "interest" is therefore granted; And (3) the subsidy "depends on export"
the key element of the revised bill is consistent with the precedent of WTO, that is, the Ministry of commerce can not dismiss the prosecution based on the single fact that a subsidy also applies to circumstances other than exports. A related case is the case of the U.S. Forest Management Commission (U.S. - FSC), which clearly states that a subsidy may still have "export performance as a condition", even if the subsidy may not involve exports in some cases
it is important that the revised bill does not legally "consider" that a ruling that the base currency is undervalued meets the requirement of "taking export performance as a condition", which has been stipulated in the original bill. Due to the cancellation of this provision and other amendments, the revised bill avoids the loopholes that may be inconsistent with the WTO caused by the previous versions of the bill.