Office of the United States
Trade Representative
From Wikipedia, the free encyclopedia
Priority
Watch List Watch List Section 306
Monitoring Status Pending The Office of the United States Trade Representative (USTR)
is the United States
government agency responsible for developing and recommending United States trade policy
to the President of the United States,
conducting trade negotiations at bilateral and multilateral levels, and
coordinating trade policy within the government through the interagency
Trade Policy Staff Committee (TPSC) and Trade Policy Review Group
(TPRG).
Established as the Office of the Special Trade Representative (STR)
under the Trade Expansion Act of 1962, the USTR is part of the Executive
Office of the President. With over 200 employees, the USTR has
offices in Geneva, Switzerland,
and Brussels, Belgium.
The current United States Trade Representative is Ron Kirk.
Staff
The head of the office holds the title of United States Trade
Representative (USTR), which is a Cabinet-level position (though not technically
within the Cabinet). The United States Trade Representative and Deputy
United States Trade Representatives (DUSTR) carry the title of Ambassador.
Ron Kirk is the current Trade Representative, with
Demetrios Marantis, Michael Punke and Miriam Sapiro serving as Deputy
Trade Representatives.
The Special 301 Report
Since the enactment of Section 182 of the Trade Act of 1974, the USTR
has played a key role in the expansion of intellectual property laws worldwide,
and monitored efforts by other governments to protect IP rights.
The Omnibus Trade and Competitiveness Act of 1988 created the Special
301 mechanism[1]
, the USTR issues an annual Special 301 Report which "examines
in detail the adequacy and effectiveness of intellectual property
rights" in many countries around the world. Countries may be designated
in the categories of Priority Watch List, Watch List,
and/or Section 306 Monitoring status.
The Report also regularly attacks price controls that distort and
damage free market incentives for the creation of intellectual property,
particularly in the area of pharmaceuticals.[citation needed]
Most countries included in the Priority Watch List and Watch
List between 1996 and 2000 were requested by Pharmaceutical
Research and Manufacturers of America or International
Intellectual Property Alliance.[2]
For example, Finland was blacklisted in retaliation to unanimously
adopted legistlation requiring the tax-funded Social Insurance
Institution to reimburse the cost of medications only up to the
price of the cheapest generic. Intellectual property is not violated, as
this affects all manufacturers equally. This retaliatory measure has
had a negative impact on investment decisions unrelated to
pharmaceuticals.[3]
The list has been used by Copyright industries to pressure other
nations to adopt stricter copyright laws and take a more active role in
combating Copyright
infringements. [4]
Andres Guadamuz, a lecturer in law at the University of Edinburgh discovered
that the International
Intellectual Property Alliance (IIPA) representing the U.S. media
industry is urging the United States government to consider countries
like Indonesia, Brazil and
India to be put on the Special 301 watchlist because
of them mandating or suggesting the use of open
source software, somehow considering it as a harmful act roughly
equivalent to not combating piracy, and not taking into account
that also many of the U.S. companies that the IIPA represents depend on
using open source software in their own business.[5]
Mission of the USTR
American trade policy works toward opening markets throughout the
world to create new opportunities and higher living standards for
families, farmers, manufacturers, workers, consumers, and businesses.
The United States is party to numerous trade agreements with other
countries, and is participating in negotiations for new trade
agreements with a number of countries and regions of the world.
The
Office of the U.S. Trade Representative (USTR) is responsible for
developing and coordinating U.S. international trade, commodity, and
direct investment policy, and overseeing negotiations with other
countries. The head of USTR is the U.S. Trade Representative, a Cabinet
member who serves as the president’s principal trade advisor,
negotiator, and spokesperson on trade issues.
USTR is part of the
Executive Office of the President. Through an interagency structure,
USTR coordinates trade policy, resolves disagreements, and frames issues
for presidential decision. USTR also serves as vice chairman of the
Board of Directors of the Overseas Private Investment Corporation
(OPIC), is on the Board of Directors of the Millennium Challenge
Corporation, is a non-voting member of the Export-Import Bank Board of
Directors, and a member of the National Advisory Council on
International Monetary and Financial Policies.
Our
expertise
USTR provides trade policy leadership and
negotiating expertise in its major areas of responsibility, including:
Bilateral,
regional and multilateral trade and investment issues
Expansion
of market access for American goods and services
International
commodity agreements
Negotiations affecting U.S. import
policies
Oversight of the Generalized System of
Preferences (GSP) and Section 301 complaints against foreign unfair
trade practices, as well as Section 1377, Section 337 and import relief
cases under Section 201
Trade, commodity, and direct
investment matters managed by international institutions such as the
Organization for Economic Cooperation and Development (OECD) and the
United Nations Conference on Trade and Development (UNCTAD)
Trade-related
intellectual property protection issues
World Trade
Organization (WTO) issues
Working with other
agencies
USTR consults with other government agencies on
trade policy matters through the Trade Policy Review Group (TPRG) and
the Trade Policy Staff Committee (TPSC). These groups, administered and
chaired by USTR and composed of 19 Federal agencies and offices, make
up the sub-cabinet level mechanism for developing and coordinating U.S.
Government positions on international trade and trade-related
investment issues.
The TPSC is the primary operating group, with
representation at the senior civil service level. Supporting the TPSC
are more than 90 subcommittees responsible for specialized areas and
several task forces that work on particular issues. If agreement is not
reached in the TPSC, or if significant policy questions are being
considered, then issues are taken up by the TPRG (Deputy USTR/Under
Secretary level).
Click
Here for Executive branch agencies on the Trade Policy Staff
Committee and the Trade Policy Review Group.
The final tier of the
interagency trade policy mechanism is the National Economic Council
(NEC), chaired by the president. The NEC Deputies’ committee considers
memoranda from the TPRG, as well as important or controversial
trade-related issues.
Outside advisors
The
U.S. Congress established the private sector advisory committee system
in 1974 to ensure that U.S. trade policy and trade negotiation
objectives adequately reflect U.S. commercial and economic interests.
Congress expanded and enhanced the role of this system in subsequent
trade acts, most recently the Trade Act of 2002.
The advisory
committees provide information and advice with respect to U.S.
negotiating objectives and bargaining positions before entering into
trade agreements, on the operation of any trade agreement once entered
into, and on other matters arising in connection with the development,
implementation, and administration of U.S. trade policy.
The
trade policy advisory committee system consists of 26 advisory
committees, with a total membership of up approximately 700 advisors.
Recommendations for candidates for committee membership are collected
from a number of sources including Members of Congress, associations and
organizations, publications, and other individuals who have
demonstrated an interest or expertise in U.S. trade policy. Membership
selection is based on qualifications, geography, and the needs of the
specific committee. Members pay for their own travel and other related
expenses, must obtain a security clearance.
Under the Trade Act of
2002, each advisory committee is required to prepare a report on
proposed trade agreements for the Administration and Congress. These
reports are made public on USTR’s website.
The system is arranged
in three tiers: the President's Advisory Committee for Trade Policy and
Negotiations (ACTPN); four policy advisory committees; and 22 technical
and sectoral advisory committees.
The President appoints up to 45
ACTPN members for two-year terms. The 1974 Trade Act requires that
membership broadly represent key economic sectors affected by trade. The
committee considers trade policy issues in the context of the overall
national interest. USTR administers the ACTPN.
The policy advisory
committees are appointed by the USTR alone or in conjunction with other
Cabinet officers. USTR solely manages the Intergovernmental Policy
Advisory Committee (IGPAC). Those policy advisory committees managed
jointly with the Departments of Agriculture, Labor, and the
Environmental Protection Agency are, respectively, the Agricultural
Policy Advisory Committee (APAC), Labor Advisory Committee (LAC), and
Trade and Environment Policy Advisory Committee (TEPAC). Each committee
provides advice based upon the perspective of its specific area.
The
22 sectoral, and technical advisory committees are organized in two
areas: industry and agriculture. Representatives are appointed jointly
by the USTR and the Secretaries of Commerce and Agriculture,
respectively. Each sectoral or technical committee represents a specific
sector or commodity group (such as textiles or dairy products) and
provides specific technical advice concerning the effect that trade
policy decisions may have on its sector.
Click
Here for more information on USTR's Advisory Committee System.
Working
with Congress
Since its creation, USTR has maintained
close consultation with Congress. Five members from each House are
formally appointed under statute as official Congressional advisors on
trade policy, and additional members may be appointed as advisors on
particular issues or negotiations. Liaison activities between the
agency and Congress are extensive.
USTR provides detailed
briefings on a regular basis for the Congressional Oversight Group, a
new organization composed of members from a broad range of
congressional committees. In addition, USTR officials and staff
participate in hundreds of congressional conversations each year on
subjects ranging from tariffs to textiles.
Click
Here for a list of Congressional Committees regularly consulted on
trade policy.
