U.S. Trade Policy and Nanotechnology
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Transcript U.S. Trade Policy and Nanotechnology
U.S. Trade Policy and
Nanotechnology
Jeffrey Weiss
Senior Director, Technical Barriers to Trade
Office of the United States Trade Representative
Washington, DC
September 22, 2011
Overview
Primer on Key International Trade
Rules and the Role of the USTR
USG Nano Principles
Current/Future Issues in Trade &
Nanotechnology
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Overview of Key Trade Rules
Relevant to Nanotechnology
The WTO Agreement on Technical Barriers to Trade
(TBT Agreement) provides disciplines on product
standards, including labeling and packaging, and
related conformity assessment procedures (e.g.,
testing, inspection, certification, registration) to
ensure they don’t create “unnecessary” TBTs
Other relevant agreements include the GATT (e.g.,
prohibition on import/export restrictions, nondiscrimination) and the SPS Agreement (e.g., food
safety, animal health, pest control)
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What products/issues are
potentially covered by TBT?
Lawnmowers
Chemicals/hazardous substances
Auto safety/emissions
Mobile phone batteries
Medical devices
Clothing, footwear
Baby food containers
Snack foods
Agricultural product standards
IT products
Packaging rules
Halal/organic standards
Cosmetics
Wine/distilled spirits
Pharmaceuticals
Cigarette lighters
Toys/product safety
Energy drinks
Nutritional supplements
Infant formula
Encryption
Plugs and sockets
Labeling (e.g., GE)
Solar panels
I.e., all industrial and agricultural products
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Key TBT Agreement Questions
Questions we ask when determining whether a foreign measure
may raise trade concerns:
Does the measure treat an imported product less favorably than a like
domestic product or a like imported product from another country?
Is the measure “more trade restrictive than necessary to fulfill a
legitimate objective” (e.g., health, safety, environment, consumer
protection)? Relevant factors to consider include available scientific
and technical information and the intended end uses of a product
Does the measure use a relevant international standard as a basis,
unless such standard is ineffective/inappropriate to fulfill the objective?
Was the measure developed in a transparent manner (i.e., notified to
the WTO, with a meaningful opportunity for comment provided and
comments taken into account)?
Was a reasonable period of time for implementation provided so that
suppliers have sufficient time to comply before entry into force?
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USG Organizational Structure
USTR has statutory lead on development,
implementation, and coordination of U.S. trade
policy, including the negotiation and
enforcement of trade agreements (e.g., WTO,
NAFTA, TPP, mutual recognition agreements)
Trade Policy Staff Committee (TPSC)
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Trade Policy Staff Committee
(TPSC) Subcommittee on TBT
Interagency mechanism for developing, coordinating, and
implementing U.S. trade policy
Determines whether to raise trade concerns about particular
foreign measures and what arguments to make (as well as how to
respond to foreign concerns about U.S. measures)
USTR chairs the Subcommittee and coordinates the policy
development process
Regulators participate in the TPSC, helping to ensure that no
arguments are made against foreign measures that could be used
to undermine U.S. health, safety, environmental, etc.
requirements, and the ability of U.S. (Federal and State)
regulators to protect U.S. citizens, patients, and consumers
Decisions are taken by consensus
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USG Organizational Structure
(continued)
Relationship with Congress
Official USG Advisory Committees and
other stakeholders
States
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USTR’s Role in Implementing the TBT
Agreement in the United States
Participation in OMB/OIRA process for
significant rulemakings
Statement of Administration Policy
(SAP)/letters
Informal means (e.g., direct contact with
regulators, legislators, stakeholders)
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USG Principles for Regulation of
Nanotech and Nanomaterials
Origins
U.S.-EU High Level Regulatory Cooperation
Forum
Past experience with biotechnology
Need to engage internationally
Emerging Technologies IPC
Co-chaired by OMB/OIRA, OSTP, USTR
Participation of key regulators
Developing a coherent approach
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USG Principles for Regulation of
Nanotech and Nanomaterials
Key Conclusions in Principles Document
Objectives: Need to ensure we can regulate
effectively for health, safety, environment
while also promoting job creation,
competitiveness, exports, and economic
growth and not stifling innovation
Existing statutes are sufficient
Single definition not necessarily useful
Focus not just on size, but on novel
properties
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USG Principles for Regulation of
Nanotech and Nanomaterials
Importance of transparency, public
participation in rulemaking
Communication with the public is key
Builds trust/confidence
Must be clear, accurate, realistic,
informative
Convey benefits and risks without
implying that nano is intrinsically benign
or hazardous
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USG Principles for Regulation of
Nanotech and Nanomaterials
Regulation should be science/risk-based
(importance of scientific integrity)
Base decisions on potential benefits and costs
Seek coordinated/consistent approach across the
USG
Coordination with States, stakeholders,
international community (e.g., research, policy)
Seek and develop adequate information
Approach to evolve over time as we learn more,
need to maintain flexibility to adapt
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Current/Potential Trade Issues
Involving Nanotechnology
Labeling developments
Actual measures (EU, Korea)
ISO/CEN work on nanolabeling
Issues involving collection/sharing of data
Standardization issues
Work in progress in many fora
Risk of unnecessary divergence (e.g.,
definitions)?
Are these standards being used?
Export Promotion
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THANK YOU FOR YOUR
ATTENTION!
Jeff Weiss
Senior Director, Technical
Barriers to Trade
Office of the United States Trade
Representative
1-202-395-4498
[email protected]
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