Press Release from the U.S. Trade and Development Agency, July 1, 2010Footnote 1
On the heels of President Obama's invitation to President Hu for a State visit to the United States, the President dispatched a Presidential Delegation, including U.S. Trade and Development Agency (USTDA) Director Leocadia I Zak, to attend the U.S.A. National Day at Expo 2010 Shanghai on July 2, 2010. Director Zak departed for China yesterday as part of a delegation led by former Secretary of State Madeleine Albright.
The theme of the USA Pavilion, “Rising to the Challenge,” provides a backdrop for the visit. Director Zak, who is a member of the President's Export Promotion Cabinet, recognizes the value of the Chinese market and the role that U.S. businesses play in it. As a foreign assistance agency with a commercial development mandate, USTDA's program in China has generated over $2.8 billion dollars in U.S. exports in sectors as diverse as clean energy, aviation, ICT and the environment since 2001.
“Transportation and clean energy are USTDA's priorities in China,” said Director Zak who was most recently in China for the Strategic and Economic Dialogue where she awarded $1.3 million in grants to assist China in its efforts to meet its growing energy demand. “In China, there are tremendous opportunities for U.S. businesses in increase their exports in the clean energy sector which will lead directly to the creation of green jobs in the United States.”
Director Zak and the rest of the delegation plan to meet with Chinese officials while at the Expo to deepen ties and demonstrate the American spirit of perseverance, innovation, and community building.
The following individuals will participate on the delegation: the Honorable Christopher P. Lu, Assistant to the President and Cabinet Secretary; the Honorable Capricia Penavic Marshall, Chief of Protocol of the United States; Mr. Robert Goldberg, U.S. Charge d’Affaires a.i. to the People's Republic of China; the Honorable José H. Villarreal, U.S. Commissioner General to World Expo 2010 Shanghai; the Honorable Elizabeth Frawley Bagley, Special Representative for Global Partnership Initiatives, U.S. Department of State; the Honorable Ivan K. Fong, General Counsel, U.S. Department of Homeland Security; the Honorable Christina “Tina” Tchen, Deputy Assistant to the President, Director, White House Office of Public Engagement and Executive Director, White House Council on Women and Girls; Ms. Beatrice Camp, Consul General, U.S. Consulate General, Shanghai; Ms. Bonnie Thie, Peace Corps Country Director, China; and Ms. Maya Lin, Artist.
Press Release from the Office of the U.S. Trade Representative, July 2, 2010Footnote 2
Today Assistant United States Trade Representative Florie Liser concluded her two-day visit to Ghana, where she met with senior government officials and private sector representatives to discuss the importance of the U.S.-Ghana trade relationship.
Ms. Liser also co-chaired with Ghanaian Trade Minister Hannah Tetteh the sixth meeting of the U.S.-Ghana Trade and Investment Council, under the U.S.-Ghana Trade and Investment Framework Agreement (TIFA), which was signed in 1999. U.S. Ambassador to Ghana Donald Teitelbaum and Ghanaian Ambassador to the United States Daniel Ohene Agyekum also participated in the TIFA meeting. At the meeting, senior government officials discussed a full range of trade issues, including the African Growth and Opportunity Act (AGOA), investment challenges, transportation, telecommunications, intellectual property rights, trade capacity building, and technical assistance.
Ghana is one of our important trading partners in Africa and a top reformer in the region. The TIFA Council provided an opportunity for us to take stock of our trade relationship and the opportunities we have to deepen our economic cooperation,” said Ms. Liser. “We hope our discussions will form a good foundation for further engagement on ways we can use trade to grow our respective economies.
The U.S. delegation to the meeting in Accra included officials from the U.S. Department of State, the U.S. Department of Agriculture, the U.S. Department of Commerce, the U.S. Department of Transportation, the U.S. Agency for International Development, and the Millennium Challenge Corporation.
Press Release from the Office of the U.S. Trade Representative, July 6, 2010Footnote 3
U.S. Trade Representative Ronald Kirk announced today that the United States will contribute $1.05 million for trade-related technical assistance (TRTA) to the World Trade Organization (WTO). The WTO's TRTA program provides training for developing countries that enhances their ability to analyze issues, assess their interests and participate effectively in the negotiations. The program also provides these nations with assistance in meeting their WTO obligations and ensures they fully benefit from the results of WTO negotiations.
“This contribution reflects the United States’ commitment to work with developing countries as partners in the global trading system, and to ensuring that developing countries can and do benefit when the Doha Round of world trade negotiations concludes,” Ambassador Kirk said. “A balanced and ambitious conclusion to the Doha Round, with meaningful new opportunities for farmers, manufacturers and service providers, will help these countries meet their development objectives and improve the well being of their people.”
The U.S. contribution, which was approved by Congress, will be part of a technical assistance fund that developing nations can use for assistance in analyzing issues, assessing individual country interests, and meeting their WTO obligations. This latest contribution will bring total U.S. trade assistance for the Doha Development Agenda to almost $10 million since the launch of negotiations in November 2001.
Background
The United States’ contribution to the WTO was appropriated by Congress as part of the funds it provides to the U.S. Department State for voluntary contributions to international organizations. It is just one part of much broader U.S. assistance efforts. Overall U.S. support for trade capacity building (or “aid for trade”) since the Doha Round began in 2001, has now surpassed $11 billion.
Press Release from the Office of the U.S. Trade Representative, July 15, 2010Footnote 4
Today Deputy United States Trade Representative Ambassador Miriam Sapiro opened the seventh meeting of the U.S.-Turkey Trade and Investment Council in Washington, D.C. The two-day meeting between Turkish and U.S. officials will discuss the importance of the U.S.-Turkey trade and investment relationship. It is also a key step in preparations for the first formal meeting, envisioned for later this year, of the U.S.-Turkey Strategic Economic and Commercial Cooperation dialogue, inaugurated in December 2009 by U.S. Trade Representative Ron Kirk and Secretary of Commerce Gary Locke with their Turkish co-chairs, Deputy Prime Minister Ali Babacan and Minister for Foreign Trade Zafer Caglayan.
Ambassador Sapiro said, “This TIFA was concluded more than a decade ago, but it remains as important as ever today. The United States greatly values its economic relationship with Turkey and we are working to fulfill President Obama's commitment to enhance our bilateral trade and investment ties. This week's meeting will significantly advance that objective.”
Acting Assistant U.S. Trade Representative for Europe and the Middle East Mark Mowrey is co-chairing with Turkish Deputy Undersecretary for Foreign Trade Cemalettin Damlaci the deliberations of the Council, established under the U.S.-Turkey Trade and Investment Framework Agreement (TIFA), which was signed in 1999. At the meeting, senior government officials discussed a full range of trade-related issues, including intellectual property rights, climate initiatives, biotechnology, pharmaceuticals, government procurement, and customs.
The full U.S. delegation to the meeting includes officials from the U.S. Department of State, the U.S. Department of Agriculture, and the U.S. Department of Commerce.
Statement by Deputy U.S. Trade Representative Marantis, July 15, 2010Footnote 5
Ambassador Demetrios J. Marantis delivered this statement in Washington, DC
Ambassador Marantis. Last week, I picked up my copy of Counselor: A Life at the Edge of History, Ted Sorensen's memoir of a decade working as President Kennedy's legendary speechwriter and closest advisor. Paging through the 500 page account of working for the young Senator and President who inspired a nation, I was struck that Sorensen dedicated just one half page to China. Half way through the volume he wrote of Kennedy: “The only controversial foreign policy issue that he deliberately, explicitly postponed to his second term…was U.S. relations with China…but a topic that Kennedy knew had to be faced.”
How much the world has changed. An account of President Obama's Administration would more likely address U.S. relations with China on many pages, beginning in chapter one, rather than dedicating just a single page. No longer can a new president delay or postpone the question of China, for a term, a year, or a week. Instead, the President and his Administration must address U.S.-China relations as an imperative of our foreign, security, and economic policy today and every day.
U.S. policy toward China is more important than ever, because the United States and China are in one of the most challenging periods of our trade and economic relationship in decades. Economic events and policies past and present have conspired to lay at our feet a set of historic domestic and bilateral economic challenges, which taken together can define a generation and set the future course of U.S.-China relations.
The nature of these challenges, their causes, and the complex conditions they create are no secret. Domestically, the United States is only beginning to emerge from an economic recession such as has not been seen in a generation. While unemployment has stabilized, too many Americans remain out of work. For some, this recession has deepened skepticism of the potential for international trade to create jobs in the United States. More voices, including an increasingly vocal group of U.S. businesses active in China, are asking tough questions about our trade and investment relationship with China, even while they acknowledge its impressive size and growth. These events coincide with the fact that exports have contributed, as much as household consumption, to our overall economic expansion over the past nine months and promise to be integral to future growth.
Our bilateral challenges with China are also familiar. Nearly a decade after China joined the World Trade Organization (WTO), we are challenged to secure our past achievements and build on our successes. China has implemented many important economic reforms, removed trade barriers, and opened markets to U.S. exports. Our manufactured goods exports to China have tripled, and China's strong recovery from the global recession brought double-digit growth in U.S. exports of manufactured and agricultural goods.
Yet we must also contend with the fact that China's implementation of its WTO commitments is incomplete. It has been nearly a decade since China joined the WTO, and is high time for China to follow through on past commitments, as well as provide new market access in key sectors. Failing to do so imperils not just our bilateral ties, but also the success of multilateral trade talks.
The United States has serious concerns about Chinese policies that limit market access or otherwise skew our trading relationship. Trade-distorting measures, including export quotas and value-added tax rebates, impede market forces. Chinese subsidies across a wide range of favored sectors harm U.S. manufacturers and workers, and through their effects impede or displace U.S. exports to China and third country markets.
Proliferating industrial policies set unique technology standards to favor Chinese producers; ‘Buy China’ policies cut off access to procurement markets; and arbitrary measures restrict investment flows. In services, China severely limits opportunities for U.S. companies in its telecommunications sector, hampers access for insurance and private pension suppliers, and its new ‘Postal Law’ excludes foreign express delivery companies from a key segment of China's domestic market. In agriculture, a series of non-science based measures still impede our poultry, pork, dairy, and beef exports. And China's use of import permits, tariff rate quotas, and value added taxes conspire to restrain agricultural trade.
“And one of our greatest challenges with China today flows from a set of industrial policies promoting ‘indigenous innovation.’ These policies aim to foster research and development and value-added production. Good goals for any economy. But the steps China is taking to try to implement these goals are very troubling. As drafted, China's indigenous innovation policies threaten global intellectual property protections, fair government procurement policies, market competition, and innovators’ freedom to decide how and when they transfer technology.
The United States has serious concerns about Chinese policies that limit market access or otherwise skew our trading relationship.
Getting these and other individual policy issues right are also key to the broader goal of rebalancing global economic growth.
The American people and the global community will measure this Administration's success by how it navigates this challenging period. There should be no doubt that, for President Obama, the question of China is fundamental, a crucial issue tied to how our nation will grow and prosper. Our goal is for our two economies to grow together on a sustainable and mutually beneficial path that fosters innovation, growth, and job creation—a path that allows China's economy to continue its impressive growth trajectory, while diversifying its drivers of economic growth, implementing market reforms, and becoming a progressive force in the global economy. Most importantly, our goal is to keep our economies travelling on this path with a keen focus on the economic rules of the road—the binding global trade and investment commitments to which we have bound ourselves to ensure our trade relations are fair and mutually beneficial.
“Goals alone will not steer our economies through our challenges. We need a comprehensive strategy to guide our future course. President Obama's Administration has that China strategy, built on three distinct but mutually reinforcing pillars.
The first pillar of our economic strategy with China begins at home. The United States cannot prescribe economic reforms for others, but hesitate to undertake new necessary measures itself. We recognize that our own domestic policies sometimes fall short, and that our domestic savings and spending practices contributed to our economic imbalances with China and the world.
We must do better. Under the leadership of President Obama, this Administration is working with Congress to put in place a bipartisan plan to reform America's economic present and future. Congress passed and the President signed a robust economic stimulus plan to save and create new jobs in a cleaner and more sustainable economy. Historic healthcare reform is in place. Financial sector regulatory reform is within reach. As our economy emerges from recession, the Administration is crafting a plan to put our future on sound fiscal footing. And the National Export Initiative is mobilizing resources to assure exports play a bigger role in our future economic growth.
“These and other domestic economic reforms promise to make America's economy more competitive and prosperous for generations to come. These domestic economic reforms are also a global plan and a commitment to the world economy. An America that is more competitive and prosperous at home is also an America that can be more ambitious and engaged with its economic partners in all countries. This engagement will not only benefit our trading partners, but it will also create more jobs at home by increasing U.S. exports to the world.
Building on this bedrock of domestic economic reforms, the second pillar of our China strategy is robust bilateral engagement focused on results. These results may not always be flashy. They may not always make headlines. But in every case they are safeguarding and promoting the jobs and livelihoods of American workers, farmers, ranchers, and service providers in a rules-based trading system.
Look at our results in the S&ED last May. The United States went into the dialogue concretely focused on concerns with China's so-called indigenous innovation policies, and we got results. China committed that its innovation policies will be consistent with principles including nondiscrimination, intellectual property rights enforcement, market competition, and open trade and investment. China pledged to leave the terms and conditions of technology transfer, production processes, and other proprietary information to individual enterprises. China also agreed to hold intensive expert and highlevel bilateral innovation discussions, commencing next week, with all relevant U.S. and Chinese agencies. This is progress, but indigenous innovation is a tremendous challenge. We have much more work to do to address it, both on winning Chinese support for non-discriminatory innovation policies overall and our short term concerns with pending measures.
Our S&ED work also won good results on government procurement. China committed to produce a robust revised offer to join the WTO Government Procurement Agreement (GPA). Fulfilling that commitment is a solid step toward ensuring China's huge government procurement market is open to U.S. companies. China submitted its revised offer last week. We are still analyzing it, but we recognize that it includes significant improvements over its initial offer that was submitted at the end of 2007. After we complete our analysis, including consulting with domestic stakeholders, we will work with China and other GPA members to ensure China's terms of accession are comprehensive and comparable to that of other GPA parties.
The JCCT is also getting results. At last year's JCCT meeting in Hangzhou, China dropped its H1N1 ban on our pork exports, great news for U.S. pork exporters to this growing market. While that was a solid step toward good results, we are still facing other non-science-based measures affecting our agriculture exports—including beef, dairy, and poultry—that we must work closely with China to address.
On intellectual property protections, at last year's JCCT China agreed to instruct state-run libraries to strengthen protection of copyright-protected academic and medical journals. China also cracked down on IPR violations on the internet, investigating websites, imposing fines, and shutting down hundreds of websites. Here again, we are making progress, but there is no doubt that rampant IPR violations in China still cost U.S. companies billions of dollars every year, and there is much more we must do.
And we continue to work to improve market access in China. At the JCCT, China committed to remove local content requirements on wind turbines, ease compulsory testing for some information security products, and eliminate unnecessary regulatory requirements for medical devices. Yet again, to keep these markets open and fair, there is much more we still must do.
Our focus on results also means that we are looking at our own approach to China to figure out what to do better. For example, we are making sure our Chinese counterparts hear this Administration speak with one voice on a single set of priorities. Which is why, leading up to the Strategic and Economic Dialogue (S&ED) in May, Ambassador Kirk worked hand-in-glove with Secretaries Geithner, Clinton, Locke, and others in this Administration to prioritize our goals and find the best means to achieve them. This cooperation is the rule on all levels across all agencies.
We can also get more and better results by reexamining our processes with China. Take the JCCT. The JCCT has been the boiler room of U.S.-China trade ties, churning out results to power our relationship forward. We know the JCCT works, but we also know we can do better. Over the past year, we looked for ways to improve the JCCT process. One innovation was to restructure our work into a sustained effort throughout the year, rather than concentrate our efforts in a flurry of activity around the annual JCCT plenary meeting. Together with the Department of Commerce, USTR is pushing for results early and throughout the year by intensifying and accelerating our engagement in sectoral working groups. We are also elevating our engagement above the working level more often. For example, in May, Vice Minister-level officials from U.S. and Chinese agencies held our first-ever mid-year review of our JCCT work. Our session was productive, moving toward better results this fall.
While our negotiators are seeking solutions through dialogue, USTR also works rigorously to lay the groundwork for the filing of enforcement actions in the WTO, if needed. Our goal is to send an unmistakable message that we will not negotiate indefinitely where U.S. rights are concerned. The United States has been by far the most active—and successful—WTO Member bringing WTO dispute settlement cases against China. Last summer, the United States, the European Union, and Mexico commenced a WTO dispute against China challenging its export restraints on nine important raw material inputs. We also have scored important victories for American workers and businesses on market access for books, movies, and music, and on intellectual property rights enforcement. We successfully challenged subsidies benefiting exports of Chinese “famous brands.” And also for the first time, we took action under the Section 421 special safeguard provision against a surge of Chinese tire imports.
The third pillar of our China strategy supports work beyond our bilateral initiatives to address our relationship multilaterally and regionally. Multilaterally, we are working with China to get an ambitious and balanced outcome in WTO Doha negotiations. We can only achieve success in these negotiations if China, and other advanced developing economies, play a role and make commitments commensurate with their position in the world economy. We are disappointed with China's contribution to date. China has come up short and continues to leave the United States and its global trading partners waiting for more serious engagement and a more serious contribution to WTO negotiations. The role in the global economy that China has aspired to and now plays comes with commensurate responsibilities. That means stepping up on such issues as Doha.
Regionally, our China strategy has two aspects. First, we cannot overlook the important work the United States and China can achieve in key regional bodies like the Asia-Pacific Economic Cooperation (APEC) forum. Together, the United States and China can move APEC's 21 member economies to benefit the region and the global economy. As the United States prepares for its 2011 APEC host year, we look forward to working with China to further regional economic integration in the Asia-Pacific.
Second, our regional focus also recognizes that China has done a remarkable job integrating its trade and investment ties in the Asia-Pacific region. We welcome China's regional accomplishments, but we also recognize that we need to pursue important trade and investment opportunities for U.S. businesses in this arena. The United States too must anchor its economic future in the region as a Pacific economy. This is why President Obama has directed Ambassador Kirk to strengthen these ties to the region through APEC, work to address outstanding concerns with and complete our Free Trade Agreement with Korea, and pursue an unprecedented regional trade agreement with the eight-country Trans-Pacific Partnership.
While President Kennedy may have had the luxury of deferring his China policy a half century ago, he did have the vision to create the Office of the Special Trade Representative in 1963, urging Americans to ‘trade or fade.’ This Administration is honoring this Kennedy legacy by shaping a comprehensive China strategy built on a foundation of domestic economic reforms, focused on results, and bilateral, regional and multilateral engagement. We will adjust and reform our strategy as events and developments require, but we must get it right to keep the U.S.-China relationship on target and on track for success.
Press Release from the Office of the U.S. Trade Representative, July 22, 2010Footnote 6
United States Trade Representative Ron Kirk met today in Ottawa with Canadian Minister of International Trade Peter Van Loan. The two discussed a number of topics including progress on the Doha round, the Softwood Lumber Agreement, regulatory cooperation that will aid small businesses, and the operation of the U.S.-Canada Government Procurement Agreement. Ambassador Kirk emphasized the importance of protecting creativity, and the importance of protecting creativity and innovation to spur economic growth between and within the two countries. The trade officials also updated one another about their countries’ ongoing trade negotiations.
Statement by U.S. Trade Representative Kirk, July 23, 2010Footnote 7
Ambassador Ron Kirk delivered this statement in Toronto, Canada
Ambassador Kirk. It's especially nice to join all of you here at Toronto Board of Trade, one of the preeminent platforms for dialogue among prominent and influential economic leaders from both Canada and the United States.
This is a great opportunity to exchange information and ideas among key stakeholders and continue to build the bilateral relationship—not just government to government, but in all dimensions.
Together we—Canada and the United States—are setting a strong example for the world to follow. We enhance economic opportunities through trade with more than $1.4 billion crossing our borders every day. I know that many of you here are key drivers of that record trade volume.
And over the years, Canadian and American companies and workers have proven that strong allies can be friendly competitors at the same time.
Even before our countries came into being our ancestors traveled up and down the St. Lawrence River and across the Great Lakes in pursuit of trade, commerce, and economic opportunity.
Over the years these relationships formed an unbreakable bond between our two countries. And as we approach the anniversary of the 9/11 Attacks this September, Americans are grateful for our Canadian allies.
None of us can forget those difficult days after September 11th when you offered hospitality and safe harbor for so many stranded Americans whose airplanes had to divert to Newfoundland, Nova Scotia, and all across Canada.
You were there for us in our hour of need—thank you.
Today our sons and daughters are fighting shoulder to shoulder in Afghanistan, combating terrorism. At the same time Canadian and American mothers and fathers both face the effects of a fading economic recession here at home.
In response to these challenging times, we stand together with a common purpose to protect free and peaceful nations and to foster shared prosperity around the world.
And we agree that trade is one of the best ways to grow the economy and create jobs.
That's why President Obama came to Canada on his first official trip outside of the United States to underscore the closeness and importance of the relationship between our two nations. He reaffirmed the commitment of the United States to work with Canada to meet the shared challenges of our times.
And just last month your Prime Minister Harper hosted the G20 Leaders Summit in Toronto, where our respective leaders pledged to make progress on a range of issues including the Doha round of multilateral trade talks.
As two of the world's largest economies and leaders in international trade, Canada and the United States both must be committed to advancing multilateral trade liberalization at the same time as we strengthen our bilateral ties.
From my first day as United States Trade Representative, I set out to make America's trading relationship with Canada a top priority.
I shared this commitment with Minister Van Loan and former Trade Minister Day and said that we ought to be looking for ways to make our partnership even stronger and to contribute to its success and growth.
For example, back in October, I met with my Canadian and Mexican counterparts at the annual NAFTA Commission meeting. We agreed to work together to collect and share information about the experiences of small-and medium-sized businesses under the NAFTA. And we are going to use that information to identify actions that we can take to help those businesses.
Today we had a productive discussion to take stock of our work since October. Since essentially all the tariffs between our three countries have been completely eliminated, we must work on reducing other burdens. For example, we are working to reduce transaction costs by eliminating unnecessary regulatory differences.
This is important work because Small and Medium Sized enterprises are the backbone of the economy and engines of job creation on Main Streets in both Canada and the United States.
At USTR we have launched an SME initiative to craft trade policy in ways that will help more small businesses access customers abroad and succeed in the global economy, since small businesses that export grow faster, add jobs faster, and pay higher wages.
Working together we can find ways to help our U.S. and Canadian SMEs take full advantage of the export opportunities that NAFTA provides and utilize regional supply chains to create competitive advantage.
At the same time, we want to ensure that we respect labor rights and protection of the environment. Since we last met in October, our senior trade officials have met several times to discuss increased cooperation on trade and environment issues. Officials from our trade and labor ministries have discussed proposals on ways to improve the functioning of the labor side agreement. These steps will help pave the way towards collaborative work on these cross-cutting and crucial issues.
But before I get into more specifics, let me just put these issues in context of our overall bilateral relationship, which is quite impressive and unique.
The volume of the U.S.—Canada trading relationship is staggering. In 2009, U.S. goods exports to Canada totaled $204.7 billion and goods imports from Canada totaled $226.2 billion. Since the implementation of NAFTA in 1994, two-way trade between the United States and Canada has more than doubled.
The United States is also the top foreign investor in Canada. In 2008, U.S. direct investment to Canada was $227.3 billion and Canadian investment in the U.S. totaled $221.9 billion.
This meaningful economic engagement makes a tremendous positive contribution to our economies. We must continue to build upon this success.
But make no mistake—we have some disagreements such as softwood lumber and country-of-origin labeling that cannot be ignored and need to be resolved.
We can do so through procedures to which we have both agreed to enforce our respective rights—or through cooperative solutions, such as we recently reached with government procurement.
Last year when the Canadian government approached the United States expressing its concern over the Buy American requirements in the Recovery Act, I listened.
After hearing your concerns about the new Buy American requirements, I worked with your ministers to find a solution. Together we were able to turn a short-term bilateral controversy into a long-term opportunity for both of our countries.
Working together we can find ways to help our U.S. and Canadian SMEs take full advantage of the export opportunities that NAFTA provides
For years, the United States and other countries have sought access to the Canadian provincial procurement markets through the World Trade Organization's Government Procurement Agreement (GPA).
Fortunately, we were able to negotiate a ‘win-win’ deal creating new permanent access on both sides of the border to our respective procurement markets.
Canadian suppliers were able to compete for several programs funded by the Recovery Act, and U.S. suppliers gained access to additional construction projects undertaken by Canadian sub-central entities.
Our shared success on procurement serves as a strong example of how we can cooperate on other common challenges, such as the global economic recovery from recession.
Simply put, we need to set an example by stimulating growth without turning inward or resorting to protectionist measures. As global trade leaders, we need to guard against protectionism around the world.
During the Great Depression—the last time the economy was hit as hard as it is today—knee-jerk protectionism propelled the world into deeper suffering. Country after country walled itself off from trade, each responding to the others’ insular restrictions. Soon global trade was near a standstill.
We can't afford to let that happen again. We have to learn the lessons of history or we are bound to repeat the mistakes of the past.
“That is why we need bilateral and multilateral trade policies that open up opportunities, not shut them down.
We need to seek areas where we can work together to spur economic growth and opportunity between–and within—our countries.
One such area is in the Doha Round. Furthering trade liberalization through new trade flows and meaningful market openings, which an ambitious and balanced conclusion to the Round would achieve, would spur economic growth not only in North America but in all countries.
That is why leaders at the G20 Summit in Toronto last month—including President Obama and Prime Minister Harper—committed to continued engagement among key countries to resolve differences and move toward the conclusion of a meaningful round.
We also need innovative ideas to accelerate our economies. Protecting and promoting innovation—through strong intellectual property rights–is essential to economic growth.
Canada is home and host to some of the most creative minds in the world. The Toronto International Film Festival (TIFF) has become one of the most prestigious film festivals in the world, contributing over C$170 million to Canada's economy. But Canada can only reap the full rewards of its innovation and creativity with strong intellectual property protections.
Take another example—the Blackberry. It was developed here in Canada, but RIM manufactures thousands of them near my hometown of Dallas. This high-tech supply chain is made possible in part by the regional economic integration that NAFTA has created. However, we have to make sure that we protect IP rights across the board so that innovators on both sides of our border have the incentives and legitimate expectations of reward for their creativity and hard work.
Both of our nations need to create highwage jobs today, and build new industries that will bring jobs for years to come— not only for large companies, but for small businesses, too.
Because we both have a shared interest in healthy competition.
When I talk to American workers about trade, I tell them that it's my job to keep the playing field level so they can compete on fair terms around the world.
And with you all here today in Canada, I know you share these goals. You are a proud and hard-working people, too.
In times like these, we're all digging a little deeper, pushing ourselves to get better and do more with less.
We thrive on competition so it's in our mutual interest to preserve a level playing field when it comes to global trade.
To that end, Minister Van Loan and I have agreed to meet twice a year to continue this vital work.
And I look forward to working with all of you as we tackle common challenges, work toward shared goals, and preserve our unique relationship through dialogue and cooperation. Thank you.
Statement by U.S. Trade Representative Marantis, July 28, 2010Footnote 8
Ambassador Demetrios Marantis delivered this statement in Kuala Lumpur, Malaysia
Recently, a colleague told me of an old Malay legend, according to which, while a person sleeps, his soul leaves the body to travel abroad. A person's dreams are the record of his soul's adventures. This story made me think that my soul must travel to Malaysia while I sleep. Because for weeks following a trip to your country, I have vivid dreams of mangosteens and nasi lemak.
It is a tremendous pleasure to be back in Malaysia and not just for your wonderful food. Malaysia is a country whose natural beauty is matched by its economic dynamism. Here, the people embrace you with their hospitality, and never fail to inspire with their ambition and vision. I am happy to be here at the Institute for Strategic and International Studies (ISIS), which is dedicated to shaping Malaysia's economic future and U.S.-Malaysian strategic and economic ties.
We meet today at an exciting time in the U.S.-Malaysia relationship. Both the United States and Malaysia are building on our economic strengths and undertaking bold new reforms to secure a better future. These efforts promise to strengthen our economies and improve the welfare of our people. And these efforts also promise to strengthen the bonds between the United States and Malaysia.
On the road to economic reform and greater global cooperation, the Obama Administration knows that Malaysia is a fellow traveler. We are watching with anticipation and support your country's New Economic Model, announced earlier this year by Prime Minister Najib. We are inspired by your ambition to transform Malaysia from a middle income country into an advanced economy by 2020. Your plan holds nothing back and asks tough questions. You recognize your enormous strides in reducing poverty over the past decades, but acknowledge existing income disparities. You are facing up to questions about your workforce skills and the need to avoid shortcuts to future growth. And you set the ambitious goal of transforming your economy to one driven by higher-value added manufactured goods and important services-driven industries.
In the United States, we are emerging from an historic economic recession. President Obama took office last year under the cloud of a financial crisis that cost too many Americans their jobs and shook their outlook for the future. Yet faced with a daunting challenge, the American people are responding.
Under the leadership of President Obama, this Administration is working with Congress to put in place a bipartisan plan to reform America's economic present and future. Congress passed and the President signed a robust economic stimulus plan to save and create new jobs. Historic reforms are now in place that promise better health care for more Americans. Reform to guard our financial system against crisis is now law. And as our economy emerges from recession, the Obama Administration is crafting a plan to put our future on sound fiscal footing by cutting our debt and slashing deficits.
In the United States, we recognize that our past economic policies and practices were not sustainable, and that they contributed to global imbalances. We are determined to increase savings, decrease consumer spending, and boost engagement with global markets. And we are backing that determination with policies that count. In January, President Obama announced the National Export Initiative (NEI), an ambitious plan to double American exports and support 2 million additional American jobs over the next five years. This is a White House initiative that harnesses resources across all agencies to increase the effectiveness of export promotion and export financing. We aim to get U.S. businesses that have never exported to look into the opportunities in global markets.
The U.S. Trade Representative's role in this effort is to do what we do best—negotiate and enforce trade agreements bilaterally and multilaterally. Multilaterally, the United States is committed to an ambitious and balanced outcome to the WTO negotiations. Key to that outcome is to ensure that large emerging economies contribute to the negotiations in a way that is commensurate with their role in the global economy. This isn't happening yet. But the U.S. negotiating team is engaging these key WTO members with flexibility, determination, and energy.
A number of the Administration's most exciting trade initiatives are in Asia. The pending U.S.-Korea agreement is an great opportunity for the United States, promising to generate an additional $10 to $11 billion in annual exports and support up to 70,000 additional export-related jobs. In June, President Obama tasked the U.S. Trade Representative, Ron Kirk, to resolve the Administration's outstanding concerns with this agreement by this November's G20 Summit in Seoul, and have the agreement ready to submit to Congress in the subsequent months.
The United States is also pursuing negotiations with the eight country Trans-Pacific Partnership, which today includes Australia, Brunei, Chile, New Zealand, Peru, Singapore, Vietnam, and the United States. After a good start in Australia in March, we hosted a very successful round of negotiations in San Francisco in June, boosted by expanded outreach to U.S. stakeholders. All eight TPP countries share an ambition to create a 21st century trade agreement that can serve as a platform for economic integration in the Asia-Pacific. The talks to date have strong momentum, as the TPP countries move toward an intersessional round of talks in August and the third round of negotiations in October.
Buttressing our initiatives with Korea and the TPP is the United States’ work in the 21-economy Asia Pacific Economic Cooperation forum, or APEC. Two weeks ago, Ambassador Kirk joined key supporters in Congress and the U.S. business community to launch the host committee for America's APEC host year in 2011. We are excited to welcome APEC to the United States for the first time in nearly two decades. And we are determined to make APEC 2011 a banner year for cooperation and outcomes that solidifies our regional economic engagement, and that makes it easier, cheaper, and faster for companies to do business in the Asia Pacific.
In addition to Korea, TPP, and APEC, the United States is working with the ten members of the Association of Southeast Asian Nations (ASEAN)—all together, America's fourth largest goods export market. In May, we welcomed representatives of ASEAN—including your distinguished Trade Minister Mustapa—to the United States for a cross-country “road show.” Ambassador Kirk hosted this trip personally, to show Americans from Seattle, Washington to Washington, D.C. the economic opportunities of the U.S.-ASEAN relationship.
These economic initiatives promise to make America's economy more competitive and prosperous for generations to come. But these plans also have global reach, and show President Obama's commitment to the revival of the world economy. An America that is more competitive and prosperous at home can also be more ambitious and engaged with its economic partners around the world. This, in turn, can benefit Malaysia—enhancing your exports, creating jobs and raising standards of living here.
Malaysia is a country of dynamism, ambition, and vision, and the United States looks forward to having an even stronger Malaysia as our partner. Our partnership already has so many accomplishments to celebrate. Our common successes include our initiatives in ASEAN, where we strive to make our substantial bilateral trade and investment successes work for all ASEAN members. We appreciate Malaysia as a productive member of the Asia-Pacific Group on Money Laundering. We welcome Malaysia's bold action to pass its Strategic Trade Act in April. Such positive outcomes of our cooperation is seen, welcomed, and appreciated in the United States—including by President Obama when he met with Prime Minister Najib this spring.
There are many more extraordinary opportunities to further build our bilateral trade and investment ties. We need to consider all these opportunities carefully. We are already working together in the WTO, APEC and ASEAN. And we know that you are looking carefully at possible participation in TPP. We are excited by the prospects of building this 21st-century, regional agreement and welcome other APEC members that share the TPP members’ vision and goals for a high-standard agreement.
When I return to Washington, my nights will again be filled with visions of rambutans and curry laksa. But my days will continue to be consumed by the dreams of what the United States and Malaysia can accomplish together in trade, investment, and other areas. I hope you will join me in helping make those dreams a reality.
Statement by U.S. Trade Representative Kirk, July 30, 2010Footnote 9
Ambassador Ron Kirk delivered this statement in Washington, DC
Ambassador Kirk. We are deeply concerned that the Government of Peru has not yet taken all necessary steps to ensure complete implementation of the Annex on Forest Sector Governance under the PTPA by the August 1, 2010 deadline. We are assessing the other options available to us under the Agreement, but as a first step, I will be sending a senior USTR official to Lima in the coming days to meet with Peruvian officials to determine how this unfortunate situation can be promptly resolved. We are also requesting to convene a meeting of the PTPA's Forest Sector Sub-Committee at the earliest possible date to reach agreement on a concrete course of action that can bring Peru into compliance within a limited timeframe.
The United States has worked closely with Peru over a period of two years to develop and implement legal provisions that would strengthen environment and forest sector governance as contemplated by the PTPA. The Government of Peru has made unprecedented changes to its legal and regulatory regimes to fully implement the obligations under the Agreement. For example, Peru amended its Criminal Code to increase penalties for forest, wildlife and environmental crimes, and created a Ministry of Environment to take over important environmental duties and the lead on natural protected areas in Peru. Over the last two years, Peru's Ministry of the Interior trained and deployed 3000 Ecological Police Officers. Additionally, the Public Ministry created offices for environmental prosecutors and dispatched a number of prosecutors to various regions in Peru where they will be able to prosecute forest sector crimes.
We will continue to work closely with the Government of Peru, and will remain in close contact with the U.S. Congress and stakeholders, to ensure that the obligations of the Annex on Forest Sector Governance are fully implemented in the most expeditious manner.
BACKGROUND
The Annex on Forest Sector Governance, part of the Environment Chapter of the United States—Peru Trade Promotion Agreement (PTPA), is the first set of provisions in any U.S. trade agreement that identifies specific action required to address an environmental concern, in this case, the improvement of forest sector governance. The PTPA is also the first trade agreement in which the environmental obligations are subject to the same dispute settlement procedures, remedies, and sanctions as commercial obligations.
As provided in the PTPA, Peru had an additional 18 months from entry into force of the agreement on February 1, 2009, to implement its obligations under the Annex on Forest Sector Governance. The Annex on Forest Sector Governance reflects the commitment of both countries to take concrete measures to combat trade associated with illegal logging and illegal trade in wildlife and further promote sustainable management of Peru's natural resources. The Sub-Committee on Forest Sector Governance was established under the PTPA as a specific forum for the Parties to exchange views and share information on any matter arising under the Annex on Forest Sector Governance.
Press Release from the Office of the U.S. Trade Representative, August 2, 2010Footnote 10
Ambassador Ron Kirk spoke at the opening ceremony today of the Ninth U.S.-Sub-Saharan Africa Trade and Economic Cooperation Forum, better known as “the AGOA Forum.” In attendance were cabinet ministers and senior officials from the 38 sub-Saharan African countries that benefit from the African Growth and Opportunity (AGOA) trade preference program, as well as representatives of African regional economic communities, the American and African private sector, and civil society. The ministerial portion of the event is being held in Washington, D.C. from August 2-3. A separate session focused on the private sector and opportunities for U.S.-African trade in the agribusiness sector, is being held in Kansas City, Missouri from August 4-6.
During his remarks, Ambassador Kirk observed that AGOA has helped support African economic development by opening the U.S. market to a greater diversity of African products, including value-added and processed goods. “President Obama and this Administration are committed to a partnership with Africa that is commensurate with Africa's vital and growing role in the global community, and that reflects past, present, and future ties between African nations and the United States,” said Ambassador Kirk. “The progress and potential of African economies are reflected in reduced inflation, lowered trade barriers, growing intra-African trade, rising foreign capital flows into Africa, and the creation of substantial new business opportunities.”
Ambassador Kirk also co-chaired a plenary session with Zambian Minister of Commerce, Trade, and Industry Felix Mutati on the topic “New Strategies for Expanding U.S.-Sub-Saharan African Trade,” and will be holding a roundtable with African trade ministers to discuss the full spectrum of U.S.-African trade issues. As well, Ambassador Kirk held a roundtable discussion with reporters to discuss AGOA and U.S. Investment in Sub-Saharan Africa.
Deputy U.S. Trade Representative Demetrios Marantis also participated in the AGOA Forum. He held a roundtable discussion with African Union Deputy Chairperson Erastus Mwencha and the heads of several African regional economic organizations to discuss ways to further advance economic integration in sub-Saharan Africa.
USTR Chief Agricultural Negotiator Islam Siddiqui will attend the Kansas City segment of the AGOA Forum, where he will meet with African ministers to discuss issues related to U.S.-African agricultural trade, including the World Trade Organization's Doha Round negotiations.
Press Release from the Office of the U.S. Trade Representative, August 4, 2010Footnote 11
Today representatives of the United States and the West African Economic and Monetary Union (UEMOA) convened the sixth meeting of the U.S.-UEMOA Trade and Investment Framework Agreement (TIFA) Council. The two sides discussed a broad range of trade and investment-related issues, including implementation of the African Growth and Opportunity Act, cooperation in the World Trade Organization, and issues relating to regional integration, agriculture, business climate and investment, infrastructure and trade capacity building.
The U.S. delegation was led by Deputy U.S. Trade Representative Demetrios Marantis and included officials from the U.S. Departments of Commerce, Agriculture, Labor, Transportation and Energy, the U.S. Patent and Trademark Office, the U.S. Agency for International Development, the Millennium Challenge Corporation, and the U.S. Trade and Development Agency. The UEMOA delegation was led by Christophe Dabire, Commissioner for Regional Integration, Trade, Competitiveness, and Cooperation. Burkina Faso Commerce Minister Kone and other senior officials from the UEMOA member states also participated in the meeting.
“The United States welcomed this opportunity to enhance our partnership with UEMOA on a broad range of trade and investment issues,” said Ambassador Marantis. “Today's meeting served to deepen our commitment to expanding trade and investment between the United States and the UEMOA region. We also identified new areas of cooperation to advance economic integration and development.”
The U.S.-UEMOA Trade and Investment Framework Agreement, which was signed in April 2002, establishes a forum for the discussion of trade and investment matters between the United States, the UEMOA Commission, and the eight member states of UEMOA: Benin, Burkina Faso, Cote d’Ivoire, Guinea Bissau, Mali, Niger, Senegal and Togo. The last TIFA meeting took place in Burkina Faso in November 2008.
Press Release from the Office of the U.S. Trade Representative, August 16, 2010Footnote 12
Today United States Trade Representative Ron Kirk announced that a World Trade Organization (WTO) dispute settlement panel upheld the U.S. claim that the European Union (EU) violated its WTO tariff commitments by imposing duties as high as 14% on three high-tech products. For all three products at issue—flat panel computer monitors, multifunction printers, and certain cable, satellite, and other settop boxes—the Panel concluded that the EU tariffs were inconsistent with its obligations. The report helps ensure that U.S. producers of high-tech products will continue to be able to export those products to Europe duty-free as guaranteed by commitments made by the European Union following the WTO Information Technology Agreement (ITA).
“This is an important victory for U.S. technology manufacturers and workers, as well as the millions of consumers who use these products every day at work and at home, and a prime example of how USTR and the Obama Administration are enforcing trade agreements that are vital to U.S. interests,” said Ambassador Kirk. “This ruling affirms the principle that changes in technology are not an excuse to apply new duties to products covered by the Information Technology Agreement. Technological innovation drives economic growth and improves living standards for working families and consumers in all countries. The high-tech sector is a vital part of our economy and has played a leading role in many states’ economic growth.”
These products were included in the WTO's ITA, a major achievement of the post-Uruguay Round WTO that resulted in the elimination of duties on a wide range of high-tech products that Americans use every day, such as computers, peripherals, and telecommunications products. The EU claimed it could charge duties on them simply because they incorporate newer technologies or additional features. In effect, the EU is taxing innovation—a move that could impair continued technological development in the information technology industry and raise prices for millions of businesses and consumers.
Remarks by U.S. Trade Representative Kirk, April 21, 2010Footnote 13
Ambassador Ron Kirk delivered these remarks in Washington, DC
Ambassador Kirk. “We are disappointed that the Mexican government has announced its intention to impose duties on additional U.S. products related to the cross-border trucking dispute between our countries. Mexico is an important U.S. export market and President Obama understands the economic pain that these tariffs cause for American farmers, companies and workers. Following President Obama's direction, Department of Transportation Secretary Ray LaHood and I have worked with other agencies and stakeholders in Congress seeking to resolve this issue in a way that addresses safety concerns and upholds our trade obligations. We are committed to continuing to work with Members of Congress and our counterparts in Mexico to resolve the dispute and end these duties.”
In March 2009, Mexico applied a first round of tariffs on 89 U.S. products. Today's announcement indicated Mexico's intention to add several products and reduce or eliminate duties on several others, for a total of 99 products. Mexican officials have not provided a list of those products, but expect to do so later this week.
Press Release from the Office of the U.S. Trade Representative, August 20, 2010Footnote 14
Today the Office of the United States Trade Representative released a statement by the Anti-Counterfeiting Trade Agreement (ACTA) negotiating partners regarding the recent round of ACTA negotiations in Washington, D.C.:
The 10th round of negotiations on the proposed Anti-Counterfeiting Trade Agreement (ACTA) was held in Washington, D.C. from 16—20 August 2010, and was hosted by the United States of America. United States Trade Representative Ron Kirk and Deputy United States Trade Representative Miriam Sapiro welcomed the delegations and thanked them for all of their work in the negotiations.
Participants in the negotiations included Australia, Canada, the European Union, represented by the European Commission, the EU Presidency (Belgium) and EU Member States, Japan, Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the United States of America.
Based on the progress made in the previous round, in Lucerne, Switzerland, participants advanced their discussions in all sections of the agreement, including the Preamble, Initial Provisions, General Obligations, Civil Enforcement, Border Measures, Criminal Enforcement, Enforcement Measures in the Digital Environment, International Cooperation, Enforcement Practices, Institutional Arrangements and Final Provisions.
During the week, the United States hosted informal meetings with stakeholders, representatives from non-governmental organization (NGOs), business leaders and the participants in the ACTA negotiating round. The United States offered these meetings to give interested parties and governmental officials the opportunity to interact and discuss the issues concerned with ACTA.
Participants stressed the importance of ACTA as an Agreement that will establish an international framework for their efforts to more effectively combat the proliferation of counterfeiting and piracy, which undermines legitimate trade and the sustainable development of the world economy.
While ACTA aims to establish effective enforcement standards for existing intellectual property rights, it is not intended to include new intellectual property rights or to enlarge or diminish existing intellectual property rights.
ACTA will not interfere with a signatory's ability to respect fundamental rights and liberties. ACTA will be consistent with the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) and the Declaration on TRIPS and Public Health. The ACTA negotiators reiterated that ACTA will not hinder the cross-border transit of legitimate generic medicines, and reaffirmed that patents will not be covered in the Section on Border Measures. ACTA will not oblige border authorities to search travelers’ baggage or their personal electronic devices for infringing materials. Participants in the meeting agreed that Japan would host the next negotiating round in September 2010. Participants committed to resolving remaining substantive issues at that round, and agreed to publicly release the full text of the agreement before deciding to sign it.
Press Release from the Office of the U.S. Trade Representative, September 15, 2010Footnote 15
United States Trade Representative Ron Kirk announced today that the United States has filed two cases against China at the World Trade Organization (WTO). One case requests dispute settlement consultations—the first step in litigation—regarding China's imposition of antidumping (AD) duties and countervailing duties (CVD) on imports of grain oriented flat-rolled electrical steel (GOES) from the United States. The other case requests consultations regarding China's discrimination against U.S. suppliers of electronic payment services.
“We are concerned that China is breaking its trade commitments to the United States and other WTO partners, both by favoring its one state-owned financial services firm to the exclusion of American credit and debit card companies and by manipulating trade remedy investigations to unfairly restrict exports of American steel. In both cases, USTR is fighting for the American jobs threatened by China's actions, and insisting on the level playing field promised in our WTO agreements,” said Ambassador Kirk.
Consultations are the first step in a WTO dispute. Under WTO rules, parties that do not resolve a matter through consultations within 60 days may request the establishment of a WTO dispute settlement panel.
China's Imposition of Antidumping Duties and Countervailing Duties on U.S. Steel Imports
Grain-oriented flat-rolled electrical steel (GOES) is used by the power-generating industry in transformers, reactors, and other large electric machines. The two largest U.S. manufacturers of GOES are AK Steel Corporation, based in Ohio, and Allegheny Ludlum, based in Pennsylvania.
WTO rules permit Members to impose duties on imports of merchandise found to be sold at less than fair value—“dumped”—or subsidized, if those imports cause injury to the domestic industry. But, WTO rules also require Members to follow specific procedures and apply defined legal standards when they investigate these cases. On June 9, 2009, China's Ministry of Commerce (MOFCOM) initiated two investigations on grain-oriented flat-rolled electrical steel from the United States. On April 10, 2010, MOFCOM imposed antidumping duties and countervailing duties, saying American steel had been dumped into their market and subsidized.
China's antidumping and subsidy determinations in the GOES investigations appear to violate numerous WTO requirements. In the United States’ view, China initiated both investigations without sufficient evidence; failed to objectively examine the evidence; failed to disclose “essential facts” underlying its conclusions; failed to provide an adequate explanation of its calculations and legal conclusions; improperly used investigative procedures; failed to provide confidential summaries of Chinese submissions; and included U.S. federal and state programs that were not identified in the notice of initiation of the CVD investigation.
“The duties imposed by China have raised the price of hundreds of millions of dollars’ worth of American steel headed into China, with the practical effect of reducing or blocking exports of our steel to that country. China must not abuse WTO procedures to protect its market,” said Ambassador Kirk. “This case makes clear that the United States will not permit China to threaten American steelworkers’ jobs by using antidumping and countervailing duty proceedings to harass U.S. exports.”
In the GOES AD investigation, MOFCOM imposed dumping margins ranging from 7.8 percent to 64.8 percent. In the GOES CVD proceeding, MOFCOM imposed CVD duties of between 11.7 percent and 44.6 percent.
See a copy of the consultation request letter here.
China's Treatment of U.S. Suppliers of Electronic Payment Services
Electronic payment services are provided in connection with the operation of electronic networks that process payment transactions involving credit, debit, prepaid, and other payment cards. They also enable, facilitate and manage the flow of information and the transfer of funds from cardholders’ banks to merchants’ banks. Most of the world's top providers of electronic payment services for credit and debit cards are headquartered in the United States.
Several hundred billion dollars worth of electronic payment transactions were processed in China in 2009. China's regulator of electronic payment services, the People's Bank of China, has issued a series of measures—dating back to 2001—that provide a Chinese domestic entity, China Union Pay (CUP), with a monopoly over the handling of domestic currency payment card transactions in China while excluding other potential suppliers.
China prohibits foreign suppliers from handling the typical payment card transaction in China, in which a Chinese consumer makes a payment in China's domestic currency, the renminbi (RMB). Instead, China has created a “national champion” in allowing only CUP to provide these services. Meanwhile, with regard to payment card transactions in foreign currency, like those involving Chinese tourists visiting other countries, China imposes requirements and restrictions that favor CUP over foreign suppliers.
These market access restrictions and discriminatory limitations on foreign suppliers seeking to engage in the supply of electronic payment services appear to violate Articles XVI and XVII of the General Agreement on Trade in Services.
“The Chinese government committed to open this financial service market four years ago—but instead, the Chinese government is giving China Union Pay a monopoly over most credit and debit card transactions by Chinese consumers. China's actions unfairly deprive U.S. credit and debit card companies of access to a huge market,” said Ambassador Kirk. “Opening this market to American firms would not only restore the level playing field we've been promised, but could also create additional American jobs as a more efficient credit and debit system gives Chinese consumers the ability to buy more goods—including quality, made-in-America products.”
Under the terms of its accession to the WTO, China should have fully implemented its commitments to remove market access and national treatment limitations in this service sector by December 11, 2006.
Press Release from the Office of the U.S. Trade Representative, September 16, 2010Footnote 16
Today Nefeterius McPherson, spokeswoman for the Office of the United States Trade Representative, and Caleb Weaver, spokesman for the United States Department of Agriculture, issued a joint public statement following the conclusion of a technical working-level meeting between the United States and Japan regarding U.S. beef and beef products.
“Technical delegations from the Governments of the United States and Japan met in Burlingame, California, on September 14-15, 2010, for discussions on issues related to bilateral trade in beef and beef products.
“The discussions, led by Dr. John Clifford, Chief Veterinary Officer, U.S. Department of Agriculture, and Dr. Toshiro Kawashima, Director and Chief Veterinary Officer, Animal Health Division of the Japan's Ministry of Agriculture, Forestry and Fisheries, covered a wide array of technical topics related to BSE, including: current Japanese regulations and regulatory processes, Japan's risk assessment process for beef and beef products, and Japan's import inspection and border measures. The Japanese Government also sought clarification of developments in the United States related to BSE surveillance measures, among other areas.
“The purpose of these working-level discussions was to clarify technical issues and address questions.”
Press Release from the Office of the U.S. Trade Representative, September 20, 2010Footnote 17
Today, the United States and Bahrain convened a meeting of the Subcommittee on Labor Affairs created under the United States-Bahrain Free Trade Agreement (agreement). Representatives at the meeting reaffirmed their commitments under the agreement to recognize and protect the rights stated in the International Labor Organization's Declaration on Fundamental Principles and Rights at Work.
The U.S. delegation was led by Dr. Timothy Wedding, Deputy Director of the Office of Trade and Labor Affairs of the U.S. Department of Labor's Bureau of International Labor Affairs, and Jason Buntin, Director for Western Europe and Middle East Affairs at the Office of the United States Trade Representative and included representatives from the Department of State and the U.S. Embassy. Dr. Majeed Al Alawi, the Minister of Labor, hosted the meeting. The Subcommittee on Labor Affairs was created under the United States-Bahrain Free Trade Agreement and is responsible for overseeing implementation of the agreement's labor chapter.
The Subcommittee agreed to a series of cooperative labor activities to assist the Ministry of Labor and improve the enforcement of labor laws in Bahrain. Both parties agreed to hold more regular meetings to review progress of the labor chapter commitments. “The subcommittee meeting was extremely productive and we look forward to a long-term working relationship with the Government of Bahrain to address our shared goals for improving workers’ rights and livelihoods,” said Dr. Wedding.
The Subcommittee also held a public session with representatives of workers and employers to discuss implementation of the Labor Chapter. The representatives agreed to continue this dialogue. In addition, the U.S. delegation held a series of one-on-one meetings with stakeholders from labor unions, the private sector, and civil society and discussed a broad range of labor issues, including initiatives to improve respect for labor rights.
“We value every opportunity to interact with the public and key stakeholders on labor issues related to the trade agreement,” said Buntin. “Public sessions help us improve the implementation of the agreement's labor provisions, and this in turn helps to spread the benefits of expanded trade as widely as possible.”
Press Release from the Office of the U.S. Trade Representative, September 21, 2010Footnote 18
Today U.S. Trade Representative Ron Kirk and India's Minister of Commerce and Industry Anand Sharma convened the seventh U.S.-India Trade Policy Forum (TPF). The two governments examined a range of trade and investment issues in the U.S.-India bilateral relationship and expressed their shared commitment to intensify work under the TPF, including in the coming weeks preceding President Obama's visit in November, with a view to further broadening and deepening existing economic ties.
“India is a dynamic market with a growing, educated middle class and long-term prospects for increased prosperity,” said Ambassador Kirk. “The United States strongly supports India's rapidly growing economy, and welcomes the significant opportunities this presents for jobs in America's farming sector, manufacturers and service providers. Today's Trade Policy Forum is a critical part of this Administration's actions to help Americans take advantage of those opportunities.”
During the TPF, representatives of the two governments met to discuss issues of mutual interest including agricultural and other goods trade, services, intellectual property, information and communications technology, and investment. In addition, Ambassador Kirk and Minister Sharma welcomed the inaugural meeting of the U.S.-India SME Forum, which furthered the work plan set out in the Framework for Cooperation on Trade and Investment signed in March 2010 and reflected the critical role played by SMEs in supporting jobs in connection with U.S.-India trade. The Private Sector Advisory Group, created as an adjunct to the TPF in 2007, submitted a report to Ambassador Kirk and Minister Sharma outlining its proposals for advancing the U.S.-India trade and investment relationship.
After the conclusion of the TPF, Ambassador Kirk and Minister Sharma issued a joint statement recognizing the progress achieved and urging their staffs to redouble their efforts towards addressing unresolved issues in an expeditious manner.
Joint Statement by U.S. Trade Representative Kirk and India's Minister of Commerce and Industry Sharma, September 21, 2010Footnote 19
Ambassador Ron Kirk and Minister Anand Sharma delivered this Joint Statement in Washington, D.C.
Ambassador Kirk, Minister Sharma.
Today's Trade Policy Forum gave us the opportunity to focus together on the state of the burgeoning U.S.-India trade and investment relationship, which is becoming an increasingly significant factor in the economic life and prosperity of our countries, as well as in the global economy. We held comprehensive discussions on a wide range of issues, identifying areas for future constructive engagement between the two trading partners. In doing so, we noted our shared goals of bringing growth and prosperity to our two peoples. At the same time, we were also able to exchange concerns on issues where we differ, recognizing that such issues are a natural part of growing trade and investment linkages between economies as dynamic as those of India and the United States. We welcomed the reports of the Focus Groups established under the TPF. Recognizing that more can and should be done to strengthen our bilateral trade and investment relationship, we instructed our Focus Group leads and other staff to redouble their efforts, particularly in the coming weeks before President Obama's visit to India, to take concrete steps towards resolving several issues of concern and to keep senior officials regularly informed of the results of those efforts. We were particularly appreciative of the input provided by the Private Sector Advisory Group and in the inaugural meeting of the U.S.-India SME Forum. Both of these institutions serve to remind us that—just as in the domestic economy—it is private enterprises, and especially those that are small-and medium-sized, that are key to maximizing trade and investment flows that provide sustained employment, higher incomes, and other critical economic benefits. We firmly believe that this session of the TPF has moved our relationship in the direction of realizing those benefits, and look forward to continued cooperation to this end in the coming years.
Press Release from the Office of the U.S. Trade Representative, September 24, 2010Footnote 20
The Office of the United States Trade Representative announced today that the United States has requested that the North American Free Trade Agreement (NAFTA) Free Trade Commission establish a dispute settlement panel regarding Mexico's decision not to move its “dolphin safe” labeling dispute from the World Trade Organization (WTO) to the NAFTA, as requested by the United States and as required by Article 2005 of the NAFTA. The NAFTA requires that in certain types of disputes, if the defending party makes such a request, the NAFTA rather than any other forum should be the sole venue of the dispute. In this case, that means that the NAFTA—rather than the WTO—is the proper forum to hear a challenge by Mexico to U.S. “dolphin safe” labeling provisions for tuna and tuna products.
“We regret that Mexico continues to move forward with its WTO proceeding,” said Nkenge Harmon, a USTR spokesperson. “In the NAFTA, the United States, Canada and Mexico agreed to give a defending party the right to choose NAFTA dispute settlement in circumstances such as these, and we are seeking to enforce this right,” said Harmon.
The U.S. dolphin safe labeling provisions at issue in the WTO dispute establish conditions under which tuna products may voluntarily be labeled “dolphin safe” and provide that tuna sellers may not label their products as “dolphin safe” if the tuna is caught by intentionally encircling (“setting on”) dolphins with purse seine nets. Many Mexican fishing vessels use this technique to fish for tuna.
Mexico's challenge to the U.S. dolphin safe labeling provisions meets the criteria in the NAFTA choice of forum. This provision states that certain disputes which pertain to matters arising under both the WTO Agreement and the standards-related provisions of the NAFTA, and which concern human, animal or plant life or health or the environment and raise factual issues concerning the environment or conservation, shall be heard—at the responding party's option—solely under the NAFTA's dispute settlement procedures.
NAFTA rules provide that once a responding party invokes the choice of forum provision, the complaining party must withdraw from the WTO proceedings and may pursue the dispute solely under the NAFTA.
BACKGROUND
On March 9, 2009 Mexico requested that a WTO panel be established to review Mexico's claims that U.S. law limiting the use of the “dolphin safe” label on tuna and tuna products is inconsistent with U.S. obligations under the WTO Agreement. In response, the United States invoked the NAFTA choice of forum provision (Article 2005(4) of the NAFTA) on March 24, 2009. However, Mexico continued to pursue its request for a WTO panel, and on April 20, 2009 the WTO Dispute Settlement Body established a WTO panel to review Mexico's claims.
The United States and Mexico held consultations on the choice of forum dispute in December 2009. When consultations did not resolve the dispute, the United States requested the NAFTA Free Trade Commission, which is composed of the NAFTA countries’ trade ministers or their designees, meet to discuss the matter. The Commission met on May 7, 2010 but was also unable to resolve the dispute.
Under NAFTA rules, a dispute settlement panel is established immediately upon delivery of the request to the Commission.
Press Release from the Office of the U.S. Trade Representative, September 27, 2010Footnote 21
Assistant U.S. Trade Representative for Japan, Korea, and APEC Affairs Wendy Cutler and Mr. Choi Seok-young, Deputy Minister for Trade at Korea's Ministry of Foreign Affairs and Trade (MOFAT), held an informal meeting on September 23 on the margins of the APEC meetings held in Sendai, Japan. This informal meeting was requested by the United States to follow up on a recent telephone conversation between Ambassador Kirk and Korean Trade Minister Kim Jong-hoon on the pending U.S.-Korea trade agreement.
The two officials exchanged views on the timing and venue of an upcoming Ministerial-level meeting on the trade agreement. The precise timing and venue will be decided through further consultations between the two sides.
Cutler and Choi also exchanged views on the overall state of play on the agreement in each country. Cutler explained the views collected from a wide range of U.S. stakeholders and also discussed how to prepare for the Ministerial meeting. Choi explained the views of Korean stakeholders.