As China Opens, U.S. Lobbyists Get Ready to Move In

BEIJING -- It's almost 8 a.m., and former U.S. commerce secretary Donald L. Evans and his team are standing in front of the St. Regis Hotel, preparing for their day of meetings with Chinese finance officials.

Small but meaningful gifts in Tiffany's signature baby-blue boxes? Check. Briefing books with the pronunciation of everyone's names? Check. Black Audi A6s to whisk the group to the meetings? Check.

Evans was in town representing the Financial Services Forum, which is made up of chief executives of 20 multinational banks. His goal was to convince Chinese regulators that opening their financial sector to more foreign investment would be good for China's economy.

Armies of lobbyists are descending on the Chinese capital in anticipation of the 17th Communist Party Congress beginning in mid-October. The gathering will choose a new generation of leaders, setting the political agenda for the next five years.

But the dark-suited Western lobbyists are an odd spectacle given that in China, policy and legislative decisions are still made behind closed doors. Lobbying exists in a gray area; because there are no laws specifically pertaining to it, it isn't even supposed to exist.

Nevertheless, some of Washington's marquee lobbying firms -- including Jones Day, Hogan & Hartson, DLA Piper and Akin Gump Strauss Hauer & Feld -- have set up offices in China. Officially, they are just investment advisory and communications firms. Chinese companies mostly work through government-affiliated industry associations, although some have also hired Western-style lobbying firms.

In June, foreign companies successfully lobbied Chinese officials to remove conditions on hiring temporary workers in a new labor law that they said would make it prohibitively expensive to do business in China. Likewise in August, they were able persuade China to remove some language in early drafts of the anti-monopoly law that seemed to discriminate against foreign companies, according to Chinese and foreign academics.

The Chinese government has said it took input from domestic and foreign interests into account but has not been specific.

Foreign companies are interested in what happens in China, as its economy is becoming the world's third-largest as well as a capitalist instead of planned one. There's concern that the legal framework for business that China's legislators are writing today could affect the fate of multinational businesses for decades.

Evans said that the degree to which Chinese officials are interested in hearing foreign perspectives on business issues has increased dramatically. In the past, he said, he would go into government meetings and recite a set of bullet points, and the meeting would end. These days, he said, there's real discussion and debate.

"They are very proactive in wanting to engage and share with the business community," Evans said.

Scott Kennedy, director of the Research Center for Chinese Politics and Business at Indiana University and author of "The Business of Lobbying in China," said that as recently as a few years ago foreign companies would grumble that they heard about new policies only after they were announced.