Transcript Slide 1

SANDLER, TRAVIS & ROSENBERG, P.A.
An International Trade and Business Practice
“A Washington DC Perspective: White
House & Congressional Initiatives on US
Trade Policy”
Jennifer Mulveny
Senior Director, Trade and Legislative Affairs
May, 13, 2010
© 2010 Sandler, Travis & Rosenberg, P.A.
All rights reserved.
DISCLAIMER
All materials contained in this presentation are protected by
United States copyright law and may not be reproduced,
distributed, transmitted, displayed, published or broadcast
without the prior written approval of Sandler, Travis &
Rosenberg, P.A. You may not alter or remove any trademark,
copyright or other notice from copies of the content. The
materials contained in this presentation are provided for
informational use only and should not be considered legal
advice. The hiring of a lawyer or Government Relations
representative is an important decision that should not be
based solely on advertisements or seminar/ webinar materials.
Before you decide, contact us and we will send you free written
information about our qualifications and experience.
© 2010 Sandler, Travis & Rosenberg, P.A. All Rights Reserved.
© 2010 Sandler, Travis & Rosenberg, P.A.
All rights reserved.
2
The 2010 US Trade Agenda
The President’s Trade Agenda
• Increasing Exports
in Five Years = Jobs
• National Export
Initiative
• New Trade Deals
• Enforcement
• Doha, Asia and
Pending FTAs
© 2010 Sandler, Travis & Rosenberg, P.A.
All rights reserved.
3
The 2010 US Trade Agenda
Double U.S. Exports
• 2001-2008 = 80%
Increase in Exports
– 8 FTAs, 14 countries
• 1% Rise in Exports = 1.5
million jobs
© 2010 Sandler, Travis & Rosenberg, P.A.
All rights reserved.
4
The 2010 US Trade Agenda
National Export Initiative
OBJECTIVES
• Export Promotion Funding and Agencies
Coordination
• Commercial Advocacy
• Increase Government Focus on Barriers to
Trade and Market Access
• Creation of Export Promotion Cabinet
– EO, March 11, 2010
© 2010 Sandler, Travis & Rosenberg, P.A.
All rights reserved.
5
The 2010 US Trade Agenda
National Export Initiative
•
•
•
•
•
OTHER GOALS
Increase exports to Emerging Countries
Support Growth of Emerging Technologies
Increase Access to More Markets for
Companies Exporting to Only One Country
Enforce FTAs and Lower Trade Barriers
Give a Stronger Voice to SMEs in
Government’s Inter-Agency Process
© 2010 Sandler, Travis & Rosenberg, P.A.
All rights reserved.
6
The 2010 US Trade Agenda
National Export Initiative
ADMINISTRATIVE ACTIONS
• Ex-Im funding increased from $4bn to
$6bn
– 20% Credit for SMEs
• 20% Budget Increase for Dept of
Commerce
• $54M USDA Trade Promotion
• ITC Hearings on Barriers to SMEs
• USTR: New focus on SMEs
© 2010 Sandler, Travis & Rosenberg, P.A.
All rights reserved.
7
The 2010 US Trade Agenda
National Export Initiative
TRADE FACILITATION: ARE PORTS READY?
• Bottled up Shipping and Transportation Lanes
• Insufficient Containers
• Freight Infrastructure lagging behind most developed
countries
• Need for maximum use of information technology
• Transparency and predictability of Customs actions
• Standardization and simplification of the goods
declaration and supporting documents
• Coordinated interventions with other border agencies;
partnerships between Customs and the trade.
© 2010 Sandler, Travis & Rosenberg, P.A.
All rights reserved.
8
The 2010 US Trade Agenda
National Export Initiative
CONGRESS
• Hearings:
– 4/29/10—SFC Hearing: “Doubling U.S.
Exports, Focusing on Seaports”
– 4/28/10—SBC Hearing: “Impact of Small
Business Trade Policy on Job Creation and
Economic Growth
• Small Business Jobs Bill to be Unveiled
– $10bn+ of incentives
– Goal to pass by Memorial Day
© 2010 Sandler, Travis & Rosenberg, P.A.
All rights reserved.
9
The 2010 US Trade Agenda
New Trade Deals—TPP
• Australia, Brunei Darussalam, Chile, New
Zealand, Peru, Singapore, and Vietnam
– Other countries?
• Congress Notification: Dec. 14, 2009
• First round of negotiations: March 15-19
(Australia)
• Second round of negotiations: June 14-18
(US)
• No defined structured yet
• Model for future FTAs?
© 2010 Sandler, Travis & Rosenberg, P.A.
All rights reserved.
10
The 2010 US Trade Agenda
New Trade Deals: ACTA
We will protect American
inventiveness and creativity with
all the tools of trade policy.
Insufficient protection of
intellectual property rights
undermines key U.S. comparative
advantages in
innovation and creativity, to the
detriment of American
businesses and workers. We will
address insufficient protection of
intellectual property rights by
negotiating and enforcing
effective intellectual property
protection in a manner
compatible with basic principles
of the public welfare.
• IPR Issues: Australia,
Canada, EU, Japan,
Korea, Mexico, Morocco,
New Zealand, Singapore,
Switzerland and the US
• Diverse interests:
copyrights-trademark-IP
• Competing domestic
industry interests
• Jan 26-29: Latest round of
negotiations
• Transparency Controversy
The President’s 2010 Trade
Agenda
© 2010 Sandler, Travis & Rosenberg, P.A.
All rights reserved.
11
The 2010 US Trade Agenda
New Trade Deals: MTB
• Boost to U.S. manufacturers
• Three year duty free for qualifying
products
– No Domestic Production
– Under $500k revenue loss
• Ways and Means Committee Introduced
Legislation on December 15, 2009
• Two tranche solution
• Republican “Earmarks Moratorium”
© 2010 Sandler, Travis & Rosenberg, P.A.
All rights reserved.
The 2010 US Trade Agenda
Export Control Reform
• Many export controls are Cold War relics
• Numerous agencies with overlapping
controls – Commerce, State, OFAC,
Energy, Defense
• Current Status
– Administration and Congress currently
examining changes to export control laws and
regulations to implement suggested reforms.
• Private Sector Supportive
© 2010 Sandler, Travis & Rosenberg, P.A.
All rights reserved.
13
The 2010 US Trade Agenda
Export Enforcement
• Market Openness
– National Trade Estimate
– SPS and Technical Barriers to Trade
•
•
•
•
•
Section 301—Intellectual Property
Section 1377—Telecommunications
WTO Dispute Resolution
FTA Dispute Resolution Body
Labor/Environment
© 2010 Sandler, Travis & Rosenberg, P.A.
All rights reserved.
14
The 2010 US Trade Agenda
Import Enforcement
• Tainted Products/Food
– CPSC co-located at CBP
targeting center
• Illegal Environmental
Practices
– Lacey Act (Gibson Guitars)
• Targeting Centers (CBP &
CPSC, FDA…)
• IPR Violations
• HTWG (Environment +
Labor in FTAs)
• AD/CVD
© 2010 Sandler, Travis & Rosenberg, P.A.
All rights reserved.
15
The 2010 US Trade Agenda
Enforcement and Retaliation
•
•
•
•
•
Mexico Trucking (NAFTA)
Brazil Cotton (WTO)
China CVD Claims Against U.S. Products
Russia Ag Barriers
EU Ag Barriers
© 2010 Sandler, Travis & Rosenberg, P.A.
All rights reserved.
16
The 2010 US Trade Agenda
Enforcement: U.S. – China Relations
“For too long, the United States has
pursued diplomacy at the expense of
American jobs and exports” –
Senator Baucus (April 3, 2010)
•
•
•
•
•
•
•
Sensitive Relationship
Strategic Economic Dialogue (SED) this month
Currency Manipulation
Investment Barriers
AD/CV Actions
421 Tire Case in 2009
Apparel Safeguard Soon?
© 2010 Sandler, Travis & Rosenberg, P.A.
All rights reserved.
The 2010 US Trade Agenda
Doha: WTO Negotiations
The value of what the United
States would give in market
opening, along with a reduction of
U.S. agriculture support, is wellknown and easily calculable. In
contrast, the value of new
opportunities for our businesses,
workers, farmers, and ranchers
remains vague because of the
broad flexibilities available to key
emerging markets, like China,
India, and Brazil that are fast
growing economies and important
markets of the future.
The President’s 2010 Trade
Agenda
© 2010 Sandler, Travis & Rosenberg, P.A.
All rights reserved.
• Dec. 2009 Ministerial
• Progress on Doha in 2010?
– “Stock-taking” March Meetings
Postponed
• Monitoring and enforcement
activities
• Congressional support
– WTO Vote this Year
• Russia Accession?
• Brazil Retaliation subdued
18
The 2010 US Trade Agenda
Pending FTAs
• Korea: Seventh largest trading partner
– Grains, animal feeds, fruit, vegetables, dairy products,
meats, seafood, processed foods and beverages,
machinery, electronics, pharmaceutical, medical devices,
services
• Colombia: One Way Trade Preferences; $1.1 billion
more once fully implemented (ITC)
– Meat, Grains, soybean, chemicals and plastics,
machinery and electronics, services
• Panama
– Meat, grain, frozen potato products and certain
processed foods, motor vehicles, machinery
© 2010 Sandler, Travis & Rosenberg, P.A.
All rights reserved.
19
The 2010 US Trade Agenda
GET INVOLVED!
•
•
•
•
•
Monitor Legislation
Representation
Advocacy
Data analysis
Policy Papers
© 2010 Sandler, Travis & Rosenberg, P.A.
All rights reserved.
The 2010 US Trade Agenda
Thank you!
Jennifer Mulveny
Senior Director, Trade and
Legislative Affairs
Washington, D.C.
Telephone: (202) 216-9307
[email protected]
© 2010 Sandler, Travis & Rosenberg, P.A.
All rights reserved.
21
The 2010 US Trade Agenda