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To: djane who wrote (7688)10/2/1999 1:11:00 AM
From: djane  Read Replies (1) | Respond to of 29987
 
China Unicom Will Deny Payment To Foreign Firms in Joint Ventures

October 1, 1999


Business and Finance - Asia

By IAN JOHNSON
Staff Reporter of THE WALL STREET JOURNAL

BEIJING -- A widely watched Chinese trade dispute intensified sharply
this week, as more than two dozen foreign companies were told that
starting Friday they would be cut out of money earned by their joint
ventures.

The companies, including Motorola Inc., Nippon Telegraph & Telephone
Corp., France Telecom SA, Bell Canada International Inc., Sprint Corp.
and Cable & Wireless HKT Ltd., a unit of Cable & Wireless PLC, have
invested upwards of $1.4 billion in joint ventures with China United
Telecommunications Corp., or China Unicom, the country's No. 2
telephone carrier. More than a year ago, the Chinese government began to
hint that the investments were made illegally, contravening a technical ban
on investments in China's telecommunications industry.

China Unicom, which used the money and the companies' technical
expertise to build up its mobile-phone network, has offered to repay the
invested money, plus a small amount of interest. Few of the foreign
companies, however, agreed to be bought out, citing the low return on
investment they would receive and the value they had created for China
Unicom, which plans a multibillion-dollar initial public offering next year on
foreign stock exchanges.

Increasing Pressure

Now, according to a letter sent to the companies, China Unicom has
increased the pressure on the multinationals to settle by barring them from
receiving money earned by their joint operations.

"Unicom cannot make any distribution of cash flow newly generated by the
cooperative project after Oct. 1, 1999; also, compensation for your
company's financial contribution to the cooperative project will not be paid
for ... after that date," according to the letter. "Unicom is looking forward
to our next meeting with you."

China Unicom officials declined to comment on the letter, and government
officials had left their offices early for weeklong National Day celebrations,
which begin Friday. Foreign companies declined to comment.

The dispute started four years ago, when China Unicom was strapped for
cash and worked with foreign companies to devise an investment structure
called "China-China-foreign," to skirt the technical ban on foreign
participation in the telecommunications industry.

Government officials now say the structure is illegal, although
telecommunications analysts say Beijing hasn't directly ordered China
Unicom to break the contracts for fear of making China liable under
international laws that forbid confiscation of property -- which is what the
order could be construed to mean.

Government Message

Earlier this month, the government issued a directive to China Unicom that
didn't specifically require it to break its contracts, instead ambiguously
calling on it to "rectify" its investments with foreign companies. China
Unicom referred to the directive in its letter Wednesday, saying it forced
the company to act.

The move comes amid ambiguous signals about the future of China's
telecommunications industry. Foreign companies have been told they might
not be able to participate in China's booming Internet business, while the
country also has stepped up efforts to limit sales of foreign
telecommunications parts by enforcing quotas on imported goods.

Yet China also continues to negotiate to join the World Trade
Organization, a move that would force it to open its telecommunications
industry to greater foreign investment.

Write to Ian Johnson at ian.johnson@news.awsj.com
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