USTR Announces New Trade Enforcement Measures
The U.S. Trade Representative has announced new measures that the Obama Administration intends to take to better enforce U.S. trade rights around the world.
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Sanitary and Phytosanitary, and Standards-Related Barriers
The U.S. will introduce new tools to track, report, and resolve sanitary and phytosanitary (SPS) measures (like the restrictive measures imposed on U.S. pork because of the H1N1 flu) and standards-related measures (such as technical standards) that may be inconsistent with international trade obligations, using lessons learned from existing targeted enforcement tools such as Special 301, which is a report on the adequacy and effectiveness of other countries' intellectual property rights protection.
Actions when barrier identified. USTR will issue two new public reports, one on SPS measures and one on standards-related measures, to bring greater attention and focus to resolving these problems. According to USTR Kirk, the reports will be more than paperwork, and when a barrier is identified, USTR and other agencies will "spring into action" to break down the problem.
Increased coordination. USTR will increase coordination with the Departments of State, Labor, Commerce, Agriculture, and other federal agencies to spot and respond to trade barriers, to promote transparency in the development of standards and regulations and reliance on science- and risk-based approaches, and to provide technical assistance to help trading partners design regulations that do not create unnecessary barriers to trade.
FTA and Chinese Labor Practices
The Administration is committed to more closely monitoring foreign labor practices and to addressing substandard practices with respect to Free Trade Agreements and China, as follows:
Work with FTA partners like Haiti, Peru. USTR will engage with FTA countries to resolve labor issues through dialogue, technical cooperation, and Labor Chapter consultations and dispute settlement, as necessary. For instance, USTR will work with the Department of Labor to implement the workers' rights provisions of the Haitian HOPE II Act, and to seek to ensure effective implementation of Peruvian commitments to labor protections for temporary workers, subcontractors, and others.
Seek engagement with China. USTR will partner with the Department of Labor to serve as a resource to nations seeking to improve labor conditions within their borders. For example, the Administration is seeking to enhance engagement with Chinese officials on fundamental labor rights, enforcement of China's labor laws and other key labor-related issues.
Invoke formal disputes if efforts fail. USTR will regularly monitor compliance by free trade agreement (FTA) countries with their labor obligations. USTR staff will partner with the Departments of State and Labor to maintain a consistent flow of information and prevent labor violations from going unnoticed or unresolved. When efforts to resolve violations have been expired, USTR will not hesitate, as in other areas of trade agreement enforcement, to invoke formal dispute settlement.
USTR press releases (dated 07/16/09) available at http://www.ustr.gov/about-us/press-office/blog/ambassador-kirk-announces-new-trade-enforcement-measures and http://www.ustr.gov/about-us/press-office/press-releases/2009/july/us-trade-representative-ron-kirk-unveils-enforcement-
USTR speech (dated 07/16/09) available at http://www.ustr.gov/about-us/press-office/speeches/transcripts/2009/ambassador-kirk-announces-new-initiatives-trade-enfo
Fact Sheets on enforcement initiative measures (dated 07/16/09) available at http://www.ustr.gov/about-us/press-office/blog/enforcement-initiative-measures-fact-sheets