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Bryan Davis: State owned enterprises: Chinese fdi in Canada via the lenses of perceptual,  political,
                                                                                       economic and social considerations


               The Chinese mandate mirrors that of Canada.  For instance, securing and diversifying energy


               supply  and developing technical expertise  in unconventional  resources are major  goals.

               Comparatively, Canada is looking at diversifying resource export markets as the United States,

               currently accounts for the majority of Canadian energy exports.  This is a threat for Canada as


               the United States is poised to become, possibly, the world’s largest producer of oil and energy

               self-sufficient.  With two very closely aligned mandates Canada and China present themselves as

               excellent partners  for  future FDI endeavors.  The logical  first step has been 18 years in the


               making: the Sino-Canadian Foreign Investment Promotion and Protection Agreement.

                     Foreign Investment Promotion and Protection Agreement


                     A major element of Canada’s trade overtures to China has been the Foreign Investment

               Promotion and Protection Agreement (FIPA) brokered by the Harper government.  There has

               been significant criticism of the Agreement.  Diane Francis calls attention to what she perceives


               as the “one-sidedness” of the document: the lack of reciprocity, missing transparency within the

               dispute resolution mechanisms, and potentially open-ended legal awards if Chinese firms can

               prove they have been harmed by any Canadian branch of government.


                     Ultimately, reciprocity appears to be the most contentious element of the Chinese FIPA.

               For instance,  the premise  that the  $15.10  billion Nexen  deal  can potentially take  place,  yet

               Scotiabank’s $0.726 billion desired acquisition in China remaining paralysed for over a year is


               considered  galling by  many  observers.  Yet,  reciprocity consideration may  be a somewhat

               premature and out of  scope  at  this  given  time.   Professor Edy Wong questions if  “Canadian

               companies [are] ready to confront the difficult and highly regulated Chinese market.”Ultimately,


               the coolest heads will  likely  prevail.   Diane Francis  appeared to  offer a somewhat emotional

               response to the FIPA deal despite her stature as a respected journalist in the Financial Post. Ms.




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