Part 12 - Trade policies and trade preferences Flashcards
Four different types of players might influence trade policy in a given country
- Executive branch
- Legislative branch
- Private sector
- Public interest
Who is the highest U.S. authority on international trade issues?
The U.S Congress which represents the legislative branch
The U.S. Congress:
- It represents the Legislative branch in the United States and has the power “[t]o regulate commerce with foreign nations” (see U.S. Constitution Art. 1, Section 8, Para. 3).
- It is the highest U.S. authority on international trade issues.
Why the US Congress plays an important role?
- U.S Congress is the highest authority in the US for international trade issues - because of the historical background of “no taxation without representation”
- Since trade barriers (in particular tariffs) are one means to collect revenues, the U.S. Congress plays an important role.
Can the US Congress delegate power to other players?
U.S. Congress can temporarily delegate trade power to the Executive, i.e., the Executive may start and conduct trade negotiations and sign trade agreements but ratification of trade agreements are still held by the U.S Congress and without its approval a new trade agreement cannot get into force.
Trade Promotion Authority (US)
(so-called Fast-Track) plays an important role in this context: The U.S. Congress may only approve or reject a trade agreement in its entirety. – that means that if a congressman would not be satisfied with a specific part of the agreement he cannot ask to change only that part, he can only approve or not the overall agreement.
− Underlying logic: Trade negotiations are very complex and compromises in one area are likely connected to compromises in other areas.
− One modified issues might endanger whole deal.
− Foreign governments would anticipate this problem, being more reluctant to start negotiations with the United States in the first place.
− Fast-Track has not always been in legal force, but historically only from 1975-1994, 2002-2007 and since 2015.
The U.S. Executive branch:
- Obviously, the head of the U.S. Executive branch is the President of the United States (POTUS).
- The (outgoing) 45th President of the United States: Donald J. Trump.
- For the rest of the U.S. Executive branch, we focus on the Office of the U.S. Trade Representative (USTR), the most important agency for U.S. trade policy.
- The (outgoing) head of this agency is the U.S. Trade Representative, Ambassador Robert Lighthizer.
U.S. Trade Representative (USTR)
It is the most important agency for U.S. trade policy
The USTR has about 200 employees and is responsible for trade negotiations, dealing with trade disputes and interactions with international organizations, the Executive, the Legislative, the Private Sector and the Public interest.
Plays a role of a mediator many times.
The Private Sector (US):
- There are various interest groups that engage in lobbying activities intended to pursuade the Legislative, the Executive or both of taking or abstaining from certain trade policy decisions.
- There are more than 11,000 registered lobbying groups in the United States (2015).
- Estimation of total U.S. lobbying expenses: USD 9 billion.
The Public Interest (US):
- Fourth and final group represents mainly non-profit organizations like think tanks (e.g., the Brookings Institution, the Cato Institute), labor organizations, non-governmental organizations (aiming at human rights or the environment) and international organizations.
- Note that more organized groups are usually able to exert a stronger influence on decision makers.
- Remember that consumers are seldom politically organized due to the collective action problem. While it is in the interest of all consumers to press for lower trade barriers due to lower prices in the domestic market, it is not in any individual consumer’s interest to do so.
Interaction of Players in U.S. Trade Policy:
Executive > presidente > OTMP - DoC - USTR > Other Departments - Independent Agencies
Legislative > congress < public interest - private sector
Most important player for trading in the US nowadays:
According to Lima-Campos and Gaviria (2018), the Executive has been the most influential player since 2017, a role that used to be played by the Private Sector.
• The Executive > Private Sector> the Legislative > Public Interest.
• But note that the U.S. Congress has the last say, especially if the proposal relates to changes in tariffs or the ratification of a trade agreement.
U.S President vs U.S Congress - trade negotiations
U.S. President can unilaterally stop trade negotiations (see for instance TPP or TTIP), but the POTUS cannot ratify a trade agreement. This means that no new trade agreement can come into force without consent of U.S. Congress.
RTAs examples
- USMCA, formerly NAFTA (Canada, Mexico and United States).
* CAFTA-DR (Costa Rica, DominicanRepublic, El Salvador, Guatemala, Honduras, Nicaragua and the United States).
Main changes relative to NAFTA:
− Treaty clause ensures that U.S. needs to be informed about any potential trade negotiations with China and that U.S. can leave USMCA within 6 months in case of a RTA between Mexico or Canada with China.
− Further rules aim at ensuring higher car production in the United States.
− US farmers get more access to the Canadian dairy market.
− Deal subject to review every six years and a sunset clause after 16 years, i.e., deal expires automatically after 16 years, if no new agreement is met.
− Investor-State Dispute Settlement (ISDS) provision substantially weakened.