© 2010 Sandler, Travis & Rosenberg, P.A.All rights reserved.
SANDLER, TRAVIS & ROSENBERG, P.A.SANDLER, TRAVIS & ROSENBERG, P.A.An International Trade and Business Practice
“A Washington DC Perspective: White House & Congressional Initiatives on US Trade Policy”
May, 13, 2010May, 13, 2010
Jennifer MulvenySenior Director, Trade and Legislative Affairs
The 2010 US Trade Agenda© 2010 Sandler, Travis & Rosenberg, P.A.All rights reserved.
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© 2010 Sandler, Travis & Rosenberg, P.A. All Rights Reserved.
The 2010 US Trade Agenda© 2010 Sandler, Travis & Rosenberg, P.A.All rights reserved.
• Increasing Exports in Five Years = Jobs
• National Export Initiative
• New Trade Deals• Enforcement• Doha, Asia and
Pending FTAs
The President’s Trade Agenda
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The 2010 US Trade Agenda© 2010 Sandler, Travis & Rosenberg, P.A.All rights reserved.
• 2001-2008 = 80% Increase in Exports– 8 FTAs, 14 countries
• 1% Rise in Exports = 1.5 million jobs
Double U.S. Exports
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The 2010 US Trade Agenda© 2010 Sandler, Travis & Rosenberg, P.A.All rights reserved.
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
National Export Initiative
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The 2010 US Trade Agenda© 2010 Sandler, Travis & Rosenberg, P.A.All rights reserved.
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
National Export Initiative
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The 2010 US Trade Agenda© 2010 Sandler, Travis & Rosenberg, P.A.All rights reserved.
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
National Export Initiative
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The 2010 US Trade Agenda© 2010 Sandler, Travis & Rosenberg, P.A.All rights reserved.
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.
National Export Initiative
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The 2010 US Trade Agenda© 2010 Sandler, Travis & Rosenberg, P.A.All rights reserved.
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
National Export Initiative
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The 2010 US Trade Agenda© 2010 Sandler, Travis & Rosenberg, P.A.All rights reserved.
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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?
The 2010 US Trade Agenda© 2010 Sandler, Travis & Rosenberg, P.A.All rights reserved.
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New Trade Deals: ACTA
• 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
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 ininnovation 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.
The President’s 2010 Trade Agenda
The 2010 US Trade Agenda© 2010 Sandler, Travis & Rosenberg, P.A.All rights reserved.
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”
The 2010 US Trade Agenda© 2010 Sandler, Travis & Rosenberg, P.A.All rights reserved.
• 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
Export Control Reform
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The 2010 US Trade Agenda© 2010 Sandler, Travis & Rosenberg, P.A.All rights reserved.
• 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
Export Enforcement
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The 2010 US Trade Agenda© 2010 Sandler, Travis & Rosenberg, P.A.All rights reserved.
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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
The 2010 US Trade Agenda© 2010 Sandler, Travis & Rosenberg, P.A.All rights reserved.
• Mexico Trucking (NAFTA)• Brazil Cotton (WTO)• China CVD Claims Against U.S.
Products• Russia Ag Barriers• EU Ag Barriers
Enforcement and Retaliation
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The 2010 US Trade Agenda© 2010 Sandler, Travis & Rosenberg, P.A.All rights reserved.
Enforcement: U.S. – China Relations
• Sensitive Relationship• Strategic Economic Dialogue (SED) this month• Currency Manipulation• Investment Barriers• AD/CV Actions• 421 Tire Case in 2009• Apparel Safeguard Soon?
“For too long, the United States has pursued diplomacy at the expense of
American jobs and exports” – Senator Baucus (April 3, 2010)
The 2010 US Trade Agenda© 2010 Sandler, Travis & Rosenberg, P.A.All rights reserved.
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• 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
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 well-known 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
The 2010 US Trade Agenda© 2010 Sandler, Travis & Rosenberg, P.A.All rights reserved.
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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
The 2010 US Trade Agenda© 2010 Sandler, Travis & Rosenberg, P.A.All rights reserved.
GET INVOLVED!
• Monitor Legislation
• Representation
• Advocacy
• Data analysis
• Policy Papers
The 2010 US Trade Agenda© 2010 Sandler, Travis & Rosenberg, P.A.All rights reserved.
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Thank you!
Jennifer MulvenySenior Director, Trade and Legislative Affairs Washington, D.C. Telephone: (202) 216-9307 [email protected]