Joint efforts urged to resolve audit dispute

US bill that could block Chinese firms from its securities markets awaits president's signature

Officials and experts have urged joint efforts from China and United States to make the most of a three-year time window to resolve their worsening audit dispute on Thursday, as a bill that could block Chinese companies from US securities markets is almost certain to become law.

The bill, which was passed by the US House of Representatives on Wednesday following Senate approval in May, is pending approval from the US president, proposes delisting Chinese companies from US exchanges if they do not comply with local auditing rules for three consecutive years.

Despite the ratcheted-up delisting threats, there remains technical feasibility and a time window for both sides to resolve the issue based on open consultations, officials and experts said.

Foreign Ministry spokeswoman Hua Chunying said at a news conference on Thursday that the right way to solve the audit dispute would be by strengthening cross-border regulatory cooperation in a candid manner.

Congressman Brad Sherman, the Democrat from California who sponsored the bill in the House, said it "is not anti-China, and it is not designed to prohibit the trading of Chinese companies".

Rather, the Holding Foreign Companies Accountable Act provides a three-year window during which China is expected to enter into a reasonable agreement with US regulators, he said.

Channel Yeung, China market analyst at FXTM, a United Kingdom-based global trading platform, said: "There is still a lot of room for clarification and amendment after the passing of the bill."

Authorities from the world's two biggest economies have so far been unable to reach an agreement over the jurisdiction of inspection over audit work.

According to China's Securities Law, overseas regulators are not allowed to directly conduct investigations and collect evidence on the mainland. However, the bill claims the right for the US Public Company Accounting Oversight Board, the organization that oversees audits of US-listed companies, to inspect the accounting firms that audit the Chinese issuers.

The China Securities Regulatory Commission has proposed a joint inspection mechanism for audit firms as a solution, with the latest version of the proposal sent to the US side in August. The commission said the board has confirmed receipt of the proposal and would examine it in due course.

"It (the audit dispute) is not an intractable problem," Fang Xinghai, vice-chairman of the CSRC, said last month at a forum. Fang expressed optimism about eventually resolving the dispute.

Officials and experts said the bill, once implemented, will not only impose delisting risks on US-listed Chinese companies, but also affect the position of the US as the global financial hub and result in losses for Wall Street investors.

"A broad range of Chinese companies listed in the US will face delisting risks if authorities from the two countries fail to reach an arrangement over audit inspection cooperation during the three-year window," lawyers from global law firm Baker McKenzie said in a note.

China will take necessary measures to protect its legitimate interests, Foreign Ministry spokeswoman Hua said on Thursday. But at the same time, the bill, if it becomes law, will severely undermine global investors' confidence in the US capital market and its global status, she said.

Although the bill can deter companies indulging in false reporting from seeking floats in US bourses, it may also keep quality Chinese companies from the US markets, said Yeung, the FXTM analyst.

Reuters and Mo Jingxi contributed to this story.

Contact the writers at zhoulanxv@chinadaily.com.cn