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• World Trade Organization: Background and Issues [January 31, 2008]

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  "The World Trade Organization (WTO) was established on January 1, 1995, under an agreement reached during the Uruguay Round of multilateral trade negotiations. The Uruguay Round was the last of a series of periodic trade negotiations held under the auspices of the WTO's predecessor, the General Agreement on Tariffs and Trade (GATT). […] Trade agreements administered by the WTO cover a broad range of goods and services trade and apply to virtually all government practices that directly relate to trade, for example tariffs, subsidies, government procurement, and trade-related intellectual property rights. The WTO agreements are based on the principle of nondiscriminatory treatment among countries. Some exceptions however, such as preferential treatment for developing countries, are allowed. Other basic principles of the WTO are open information on rules and regulations, negotiated limits on trade barriers, and settlement of disputes under specific procedures. The 110th Congress may examine the relationship between the United States and the WTO in two ways. Congress may consider implementing legislation for a potential Doha Round agreement. U.S. Trade Promotion Authority (TPA) expired on July 1, 2007, however, Congress may extend or reauthorize TPA to consider such an agreement. Secondly, Congress may consider changes to U.S. laws in response to WTO dispute settlement procedures."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2008-01-31
• United States-Canada Trade and Economic Relationship: Prospects and Challenges [January 29, 2008]

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  "The United States and Canada conduct the world's largest bilateral trade relationship, with total merchandise trade (exports and imports) exceeding $533.7 billion in 2006. The U.S.-Canadian relationship revolves around the themes of integration and asymmetry: integration from successive trade liberalization from the U.S.- Canada Auto Pact of 1965 leading to North American Free Trade Agreement (NAFTA), and asymmetry resulting from Canadian dependence on the U.S. market and from the disparate size of the two economies. The economies of the United States and Canada are highly integrated, a process that has been accelerated by the bilateral U.S.-Canada free trade agreement (FTA) of 1988 and the NAFTA of 1994. Both are affluent industrialized economies, with similar standards of living and industrial structure. However, the two economies diverge in size, per capita income, productivity and net savings. […] The terrorist attacks of 2001 focused attention on the U.S.-Canadian border. Several bilateral initiatives have been undertaken to minimize disruption to commerce from added border security. The focus on the border has renewed interest in some quarters in greater economic integration, either through incremental measures such as greater regulatory cooperation or potentially larger goals such as a customs or monetary union. Congressional interest has focused on these disputes, and also on the ability of the two nations to continue their traditional volume of trade with heightened security on the border. This report will be updated periodically."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2008-01-29
• Export Administration Act: Evolution, Provisions, and Debate [Updated January 9, 2008]

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  "The 110th Congress may consider legislation to renew, modify, or reauthorize the Export Administration Act (EAA). On August 3, 2007, S. 2000 (Dodd) was introduced and referred to the Senate Banking Committee. The bill would revise the EAA, especially in the areas of penalties and enforcement. In addition, H.R. 3633 (Manzullo) was introduced on September 24, 2007, to clarify the jurisdiction of civil aviation equipment under the EAA. Through the EAA, Congress delegates to the executive branch its express constitutional authority to regulate foreign commerce by controlling exports. The EAA provides the statutory authority for export controls on sensitive dual-use goods and technologies: items that have both civilian and military applications, including those items that can contribute to the proliferation of nuclear, biological, and chemical weaponry. The EAA, which originally expired in 1989, periodically has been reauthorized for short periods of time, with the last incremental extension expiring in August 2001. At other times and currently, the export licensing system created under the authority of EAA has been continued by the invocation of the International Emergency Economic Powers Act (IEEPA). EAA confers upon the President the power to control exports for national security, foreign policy or short supply purposes. It also authorizes the President to establish export licensing mechanisms for items detailed on the Commerce Control List (CCL), and it provides some guidance and places certain limits on that authority."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2008-01-09
• Intellectual Property Rights and International Trade [December 20, 2007]

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  "This report provides background on intellectual property rights (IPR) and discusses the role of U.S. international trade policy in enhancing IPR protection and enforcement abroad. IPR are legal rights granted by governments to encourage innovation and creative output by ensuring that creators reap the benefits of their inventions or works and they may take the form of patents, trade secrets, copyrights, trademarks, or geographical indications. U.S. industries that rely on IPR contribute significantly to U.S. economic growth, employment, and trade with other countries. Counterfeiting and piracy in other countries may result in the loss of billions of dollars of revenue for U.S. firms as well as the loss of jobs. Responsibility for developing IPR policy, engaging in IPR-related international negotiations, and enforcing IPR laws cuts across several different U.S. Government agencies. The main structures for coordinating interagency efforts are the National Intellectual Property Law Enforcement Coordinating Council (NIPLECC) and the Strategy Targeting Organized Piracy (STOP!)."

  Library of Congress. Congressional Research Service

  Akhtar, Shayerah Ilias; Fergusson, Ian F.

  2007-12-20
• Export Administration Act: Evolution, Provisions, and Debate [Updated October 29, 2007]

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  "The 110th Congress may consider legislation to renew, modify, or reauthorize the Export Administration Act (EAA). On August 3, 2007, S. 2000 (Dodd) was introduced and referred to the Senate Banking Committee. The bill would revise the EAA, especially in the areas of penalties and enforcement. […] Through the EAA, Congress delegates to the executive branch its express constitutional authority to regulate foreign commerce by controlling exports. The EAA provides the statutory authority for export controls on sensitive dual-use goods and technologies: items that have both civilian and military applications, including those items that can contribute to the proliferation of nuclear, biological, and chemical weaponry. […] At other times and currently, the export licensing system created under the authority of EAA has been continued by the invocation of the International Emergency Economic Powers Act (IEEPA). EAA confers upon the President the power to control exports for national security, foreign policy or short supply purposes. […] In debates on export administration legislation, parties often fall into two camps: those who primarily want to liberalize controls in order to promote exports, and those who believe that further liberalization may compromise national security goals. While it is widely agreed that exports of some goods and technologies can adversely affect U.S. national security and foreign policy, some believe that current export controls can be detrimental to U.S. businesses and to the U.S. economy. According to this view, the resultant loss of competitiveness, market share, and jobs can harm the U.S. economy, and that harm to particular U.S. industries and to the economy itself can negatively impact U.S. security. Others believe that security concerns must be paramount in the U.S. export control system and that export controls can be an effective method to thwart proliferators, terrorist states, and countries that can threaten U.S. national security interests."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2007-10-29
• U.S. Trade Statutes: Expiration Dates and Mandated Periodic Reports to Congress [October 2, 2007]

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  "This report is intended to assist Congress in exercising its oversight responsibilities regarding foreign trade. It is designed as a quick reference guide on two key elements of U.S. trade statutes: (a) expiration dates for major trade programs and trade statutes; and (b) mandated periodic reports to Congress. To this end, the report provides this information in two tables. Table 1 includes expiration dates of programs or laws. Table 2 includes information on mandated reports to Congress by the Executive branch, as required under various trade laws. The organization of, and information in, this report is based on the content and structure of the House Ways and Means Committee Print, 'Overview and Compilation of U.S. Trade Statutes, Parts I and II' (2005). Together, these two volumes are commonly referred to as the House Ways and Means 'Blue Book', referring to the color of their covers. The 'Blue Book' pulls together key information for Congress relating to the trade statutes."

  Library of Congress. Congressional Research Service

  Bolle, Mary Jane; Cooper, William H., 1949-; Fergusson, Ian F. . . .

  2007-10-02
• Export Administration Act: Evolution, Provisions, and Debate [Updated September 28, 2007]

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  "The 110th Congress may consider legislation to renew, modify, or reauthorize the Export Administration Act (EAA). […]. Through the EAA, Congress delegates to the executive branch its express constitutional authority to regulate foreign commerce by controlling exports. The EAA provides the statutory authority for export controls on sensitive dual-use goods and technologies: items that have both civilian and military applications, including those items that can contribute to the proliferation of nuclear, biological, and chemical weaponry. The EAA, which originally expired in 1989, periodically has been reauthorized for short periods of time, with the last incremental extension expiring in August 2001. At other times and currently, the export licensing system created under the authority of EAA has been continued by the invocation of the International Emergency Economic Powers Act (IEEPA). EAA confers upon the President the power to control exports for national security, foreign policy or short supply purposes. It also authorizes the President to establish export licensing mechanisms for items detailed on the Commerce Control List (CCL), and it provides some guidance and places certain limits on that authority. The CCL currently provides detailed specifications about dual-use items including equipment, materials, software, and technology (including data and know-how) likely requiring some type of export license from the Commerce Department's Bureau of Industry and Security (BIS)."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2007-09-28
• Export Administration Act: Evolution, Provisions, and Debate [Updated August 31, 2007]

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  "The 110th Congress may consider legislation to renew, modify, or reauthorize the Export Administration Act (EAA). On August 3, 2007, S. 2000 (Dodd) was introduced and referred to the Senate Banking Committee. The bill would revise the EAA, especially in the areas of penalties and enforcement. Through the EAA, Congress delegates to the executive branch its express constitutional authority to regulate foreign commerce by controlling exports. The EAA provides the statutory authority for export controls on sensitive dual-use goods and technologies: items that have both civilian and military applications, including those items that can contribute to the proliferation of nuclear, biological, and chemical weaponry. The EAA, which originally expired in 1989, periodically has been reauthorized for short periods of time, with the last incremental extension expiring in August 2001. At other times and currently, the export licensing system created under the authority of EAA has been continued by the invocation of the International Emergency Economic Powers Act (IEEPA). EAA confers upon the President the power to control exports for national security, foreign policy or short supply purposes. It also authorizes the President to establish export licensing mechanisms for items detailed on the Commerce Control List (CCL), and it provides some guidance and places certain limits on that authority. The CCL currently provides detailed specifications for about 2,400 dual-use items including equipment, materials, software, and technology (including data and know-how) likely requiring some type of export license from the Commerce Department's Bureau of Industry and Security (BIS). BIS administers the Export Administration Regulations (EAR), which, in addition to the CCL, describe licensing policy and procedures such as commodity classification, license applications, and interagency dispute resolution procedures."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2007-08-31
• Export Administration Act: Evolution, Provisions, and Debate [Updated July 23, 2007]

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  "The 110th Congress may consider legislation to renew, modify, or reauthorize the Export Administration Act (EAA). […] The EAA provides the statutory authority for export controls on sensitive dual-use goods and technologies: items that have both civilian and military applications, including those items that can contribute to the proliferation of nuclear, biological, and chemical weaponry. The EAA, which originally expired in 1989, periodically has been reauthorized for short periods of time, with the last incremental extension expiring in August 2001. At other times and currently, the export licensing system created under the authority of EAA has been continued by the invocation of the International Emergency Economic Powers Act (IEEPA). […] In debates on export administration legislation, parties often fall into two camps: those who primarily want to liberalize controls in order to promote exports, and those who believe that further liberalization may compromise national security goals. While it is widely agreed that exports of some goods and technologies can adversely affect U.S. national security and foreign policy, some believe that current export controls can be detrimental to U.S. businesses and to the U.S. economy. According to this view, the resultant loss of competitiveness, market share, and jobs can harm the U.S. economy, and that harm to particular U.S. industries and to the economy itself can negatively impact U.S. security. Others believe that security concerns must be paramount in the U.S. export control system and that export controls can be an effective method to thwart proliferators, terrorist states, and countries that can threaten U.S. national security interests."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2007-07-23
• World Trade Organization: Background and Issues [May 9, 2007]

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  "The World Trade Organization (WTO) was established on January 1, 1995, under an agreement reached during the Uruguay Round of multilateral trade negotiations. The Uruguay Round was the last of a series of periodic trade negotiations held under the auspices of the WTO's predecessor, the General Agreement on Tariffs and Trade (GATT). […] Assisting the members is a WTO Secretariat that numbers about 594 and is located in Geneva, Switzerland. The top official of the Secretariat is Director- General Pascal Lamy of France, whose three-year term began on September 1, 2005. Trade agreements administered by the WTO cover a broad range of goods and services trade and apply to virtually all government practices that directly relate to trade, for example tariffs, subsidies, government procurement, and trade-related intellectual property rights. The WTO agreements are based on the principle of nondiscriminatory treatment among countries. Some exceptions however, such as preferential treatment for developing countries, are allowed. Other basic principles of the WTO are open information on rules and regulations, negotiated limits on trade barriers, and settlement of disputes under specific procedures. The 110th Congress may examine the relationship between the United States and the WTO in two ways. Congress may consider implementing legislation for a potential Doha Round agreement. An agreement will not be reached prior to the expiration of U.S. Trade Promotion Authority (TPA); however, Congress may extend or reauthorize TPA to consider such an agreement. Secondly, Congress may consider changes to U.S. laws in response to WTO dispute settlement procedures."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2007-05-09
• World Trade Organization Negotiations: The Doha Development Agenda [Updated May 8, 2007]

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  "The World Trade Organization's (WTO) Doha Development Round of multilateral trade negotiations was suspended in July 2006 after key negotiating groups failed to break a deadlock on agricultural tariffs and subsidies. On January 31, 2007, Lamy announced the talks were back in 'full negotiating mode,' however formal negotiating sessions have not resumed in Geneva. The negotiations, which were launched at the 4th WTO Ministerial in 2001 at Doha, Qatar, have been characterized by persistent differences between the United States, the European Union, and developing countries on major issues, such as agriculture, industrial tariffs and non-tariff barriers, services, and trade remedies. Depending on the outcome, some U.S. industries may gain access to foreign markets, and others may see increased competition from imports. Likewise, some U.S. workers may be helped through increased access to foreign markets, but others may be hurt by import competition. […] Congress may also consider legislation to amend U.S. patent law to implement the TRIPS access to medicine decision, one of the few achievement of the round to date. In addition, Members of Congress may carefully scrutinize any agreement that may require changes to U.S. trade remedy laws. Three issues are among the most important to developing countries, in addition to concessions on agriculture. One issue, now resolved, pertained to compulsory licensing of medicines and patent protection. A second deals with a review of provisions giving special and differential treatment to developing countries. A third addresses problems that developing countries are having in implementing current trade obligations."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2007-05-08
• World Trade Organization: Background and Issues [Updated January 23, 2007]

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  "The World Trade Organization (WTO) was established on January 1, 1995, under an agreement reached during the Uruguay Round of multilateral trade negotiations. The Uruguay Round was the last of a series of periodic trade negotiations held under the auspices of the WTO's predecessor, the General Agreement on Tariffs and Trade (GATT). [...] Trade agreements administered by the WTO cover a broad range of goods and services trade and apply to virtually all government practices that directly relate to trade, for example tariffs, subsidies, government procurement, and trade-related intellectual property rights. The WTO agreements are based on the principle of nondiscriminatory treatment among countries. Some exceptions however, such as preferential treatment for developing countries, are allowed. Other basic principles of the WTO are open information on rules and regulations, negotiated limits on trade barriers, and settlement of disputes under specific procedures. The 110th Congress may examine the relationship between the United States and the WTO in two ways. Congress may consider implementing legislation for a potential Doha Round agreement. The Doha Round of multilateral trade negotiations are now stalled, but if an agreement is reached, Congress may extend trade promotion authority (TPA) in order to consider such an agreement. Secondly, Congress may consider changes to U.S. laws in response to WTO Dispute Settlement procedures."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2007-01-23
• Export Administration Act: Evolution, Provisions, and Debate [Updated January 15, 2007]

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  "The 110th Congress may consider legislation to renew, modify, or reauthorize the Export Administration Act (EAA). In the 109th Congress, H.R. 4572 (Hyde) was introduced and referred to the International Relations Committee. The bill would have revised the EAA, especially in the areas of penalties, enforcement, and U.S. policy towards multilateral export control regimes. […] The EAA provides the statutory authority for export controls on sensitive dual-use goods and technologies: items that have both civilian and military applications, including those items that can contribute to the proliferation of nuclear, biological, and chemical weaponry. […] At other times and currently, the export licensing system created under the authority of EAA has been continued by the invocation of the International Emergency Economic Powers Act (IEEPA). EAA confers upon the President the power to control exports for national security, […] In debates on export administration legislation, parties often fall into two camps: those who primarily want to liberalize controls in order to promote exports, and those who believe that further liberalization may compromise national security goals. […] The competing perspectives on export controls have clearly been manifested in the debate over foreign availability and the control of technology, the efficacy of multilateral control regimes, the licensing process and organization of the export control system, and the economic effects of U.S. export controls."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2007-01-15
• WTO, Intellectual Property Rights, and the Access to Medicines Controversy [December 12, 2006]

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  "In August 2003, the World Trade Organization (WTO) reached an agreement on the use of compulsory licenses by developing countries without manufacturing capacity to access life-sustaining medicines. This agreement was incorporated as an amendment to Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement on the eve of the Hong Kong Ministerial in December 2005. The issue of access to affordable medicines is one of great concern to developing countries whose health-care systems are often overwhelmed by HIV/AIDS and other infectious diseases. Some developing countries have viewed the TRIPS agreement as an impediment in their attempts to combat such public health emergencies by restricting drug availability and by transferring scarce resources from developing countries to developed country manufacturers. For the developing world, the issue of compulsory licenses is an important test as to whether the WTO can meet the development needs of its members, and conversely, whether the developing world can influence the actions of the world trading system. […] The system of compulsory licensing may have a relatively modest effect on the availability of medicines in the developing world. Compulsory licenses have rarely been used by developing countries because many patent regimes did not protect pharmaceuticals before 2006. Countries providing patent protection to pharmaceuticals have used the threat of compulsory licensing as a method to negotiate lower drug prices. Although some countries have amended their national laws to allow compulsory licensing for pharmaceutical exports, there may be little economic incentive for a supplier to manufacture the product in the case of an LDC issuing a compulsory license."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2006-12-12
• Terrorism and National Security: Issues and Trends [Updated November 14, 2006]

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  "The Bush Administration has made bilateral and regional free-trade agreements (FTAs) more important elements of U.S. trade policy, a strategy known as 'competitive liberalization.' This strategy, it argues, will push forward trade liberalization simultaneously on bilateral, regional, and multilateral fronts. It is meant to spur trade negotiations by liberalizing trade with countries willing to join FTAs, and to pressure other countries to negotiate multilaterally. Critics contend, however, that the accent on regional and bilateral negotiations undermines the multilateral forum and increases the risk of trade diversion away from competitive countries not in the trade bloc. The United States is participating in several other regional and bilateral trade negotiations. Agreements were concluded and became effective during the 108th Congress with Australia, Chile, and Singapore. Also during the 108th Congress, an agreement with Morocco was approved, but it did not take effect until January 1, 2006. Legislation to implement the Central American Free Trade Agreement and the FTA with Bahrain were approved by Congress in the first session of the 109th Congress. Negotiations are underway with Panama, Thailand, three Andean nations (Colombia, Peru, and Ecuador), and the United Arab Emirates. Negotiations have recently concluded with Peru, Colombia, and Oman. USTR [United States Trade Representative] announced the launch of FTA negotiations with South Korea on February 3, 2006, and with Malaysia on March 8. Several other trade initiatives are under discussion, including a U.S.-Middle East FTA and an FTA with countries in southeast Asia."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2006-11-14
• United States-Canada Trade and Economic Relationship: Prospects and Challenges [October 13, 2006]

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  "The United States and Canada conduct the world's largest bilateral trade relationship, with total merchandise trade (exports and imports) exceeding $499.3 billion in 2005. The U.S.-Canadian relationship revolves around the themes of integration and asymmetry: integration from successive trade liberalization from the U.S.-Canada Auto Pact of 1965 leading to North American Free Trade Agreement (NAFTA), and asymmetry resulting from Canadian dependence on the U.S. market and from the disparate size of the two economies. The economies of the United States and Canada are highly integrated, a process that has been accelerated by the bilateral U.S.- Canada free trade agreement (FTA) of 1988 and the NAFTA of 1994. Both are affluent industrialized economies, with similar standards of living and industrial structure. However, the two economies diverge in size, per capita income, productivity and net savings."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2006-10-13
• Terrorism and National Security: Issues and Trends [Updated September 15, 2006]

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  "The Bush Administration has made bilateral and regional free-trade agreements (FTAs) more important elements of U.S. trade policy, a strategy known as 'competitive liberalization.' This strategy, it argues, will push forward trade liberalization simultaneously on bilateral, regional, and multilateral fronts. It is meant to spur trade negotiations by liberalizing trade with countries willing to join FTAs, and to pressure other countries to negotiate multilaterally. Critics contend, however, that the accent on regional and bilateral negotiations undermines the multilateral forum and increases the risk of trade diversion away from competitive countries not in the trade bloc. The United States is participating in several other regional and bilateral trade negotiations. Agreements were concluded and became effective during the 108th Congress with Australia, Chile, and Singapore. Also during the 108th Congress, an agreement with Morocco was approved, but it did not take effect until January 1, 2006. Legislation to implement the Central American Free Trade Agreement and the FTA with Bahrain were approved by Congress in the first session of the 109th Congress. Negotiations are underway with Panama, Thailand, three Andean nations (Colombia, Peru, and Ecuador), and the United Arab Emirates. Negotiations have recently concluded with Peru, Colombia, and Oman. USTR announced the launch of FTA negotiations with South Korea on February 3, 2006, and with Malaysia on March 8. Several other trade initiatives are under discussion, including a U.S.-Middle East FTA and an FTA with countries in southeast Asia."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2006-09-15
• World Trade Organization Negotiations: The Doha Development Agenda [Updated August 2, 2006]

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  "The World Trade Organization [WTO] was established in 1995 and is the principal international organization governing world trade. It has 149 member countries, representing over 95% of world trade. On November 9-14, 2001, trade ministers from WTO countries met in Doha, Qatar for its 4th Ministerial Conference. At that meeting, members agreed to a work program for a new round of multilateral trade negotiations. The work program folds on-going negotiations on agriculture and services into a broader agenda that includes industrial tariffs, topics of interest to developing countries, changes in WTO rules, and other provisions numbering 19 in all. Because of the influence that developing countries had in setting the work program, the round has become known as the Doha Development Agenda. Negotiations were to conclude by January 1, 2005, but this deadline was breached and the expiration of U.S. trade promotion authority in July 2007 has become the de facto deadline for the round. Agriculture has been the linchpin in the Doha Development Agenda. U.S. goals are substantial reduction of trade-distorting domestic support; elimination of export subsidies, and improved market access. Industrial trade barriers and services are other market access topics in the negotiations."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2006-08-02
• World Trade Organization Negotiations: The Doha Development Agenda [Updated July 10, 2006]

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  "The World Trade Organization [WTO] was established in 1995 and is the principal international organization governing world trade. It has 149 member countries, representing over 95% of world trade. On November 9-14, 2001, trade ministers from WTO countries met in Doha, Qatar for its 4th Ministerial Conference. At that meeting, members agreed to a work program for a new round of multilateral trade negotiations. The work program folds on-going negotiations on agriculture and services into a broader agenda that includes industrial tariffs, topics of interest to developing countries, changes in WTO rules, and other provisions numbering 19 in all. Because of the influence that developing countries had in setting the work program, the round has become known as the Doha Development Agenda. Negotiations were to conclude by January 1, 2005, but this deadline was breached and the expiration of U.S. trade promotion authority in July 2007 has become the de facto deadline for the round."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2006-07-10
• Terrorism and National Security: Issues and Trends [Updated July 6, 2006]

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  "The Bush Administration has made bilateral and regional free-trade agreements (FTAs) more important elements of U.S. trade policy, a strategy known as 'competitive liberalization.' This strategy, it argues, will push forward trade liberalization simultaneously on bilateral, regional, and multilateral fronts. It is meant to spur trade negotiations by liberalizing trade with countries willing to join FTAs, and to pressure other countries to negotiate multilaterally. Critics contend, however, that the accent on regional and bilateral negotiations undermines the multilateral forum and increases the risk of trade diversion away from competitive countries not in the trade bloc. The United States is participating in several other regional and bilateral trade negotiations. Agreements were concluded and became effective during the 108th Congress with Australia, Chile, and Singapore. Also during the 108th Congress, an agreement with Morocco was approved, but it did not take effect until January 1, 2006. Legislation to implement the Central American Free Trade Agreement and the FTA with Bahrain were approved by Congress in the first session of the 109th Congress. Negotiations are underway with Panama, Thailand, three Andean nations (Colombia, Peru, and Ecuador), and the United Arab Emirates. Negotiations have recently concluded with Peru, Colombia, and Oman. USTR announced the launch of FTA negotiations with South Korea on February 3, 2006, and with Malaysia on March 8. Several other trade initiatives are under discussion, including a U.S.-Middle East FTA and an FTA with countries in southeast Asia."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2006-07-06
• Trade Negotiations During the 109th Congress [June 15, 2006]

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  "For over 50 years, U.S. trade officials have negotiated multilateral trade agreements to achieve lower trade barriers and rules to cover international trade. During the 108th Congress, U.S. officials negotiated and Congress approved four bilateral free-trade agreements with Australia, Chile, Morocco, and Singapore. The Bush Administration is making bilateral and regional free-trade agreements more important elements of its trade policy. The multilateral arena is no longer the only means, or perhaps even the principal means, by which the United States is pursuing liberalized trade. Trade agreements are negotiated by the executive branch, although Congress has the ultimate Constitutional authority to regulate interstate and foreign commerce. Trade promotion authority (TPA) requires that the President consult with and advise Congress throughout the negotiating process. After the executive branch signs an agreement, Congress may consider implementing legislation if any statutory changes are required under the agreement. There is no deadline for submission of the legislation, but once a bill is submitted, TPA requires a final vote within 90 legislative days."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2006-06-15
• Export Administration Act: Evolution, Provisions, and Debate [Updated June 7, 2006]

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  "The 109th Congress may consider legislation to renew and to reauthorize the Export Administration Act (EAA). On December 16, 2005, H.R. 4572 (Hyde) was introduced and referred to the International Relations Committee. The bill would revise the EAA, especially in the areas of penalties, enforcement, and U.S. policy towards multilateral export control regimes. Through the EAA, Congress delegates to the executive branch its express constitutional authority to regulate foreign commerce by controlling exports. The EAA provides the statutory authority for export controls on sensitive dual-use goods and technologies: items that have both civilian and military applications, including those items that can contribute to the proliferation of nuclear, biological, and chemical weaponry. The EAA, which originally expired in 1989, periodically has been reauthorized for short periods of time, with the last incremental extension expiring in August 2001. At other times and currently, the export licensing system created under the authority of EAA has been continued by the invocation of the International Emergency Economic Powers Act (IEEPA). EAA confers upon the President the power to control exports for national security, foreign policy or short supply purposes. It also authorizes the President to establish export licensing mechanisms for items detailed on the Commerce Control List (CCL), and it provides some guidance and places certain limits on that authority. The CCL currently provides detailed specifications for about 2,400 dual-use items including equipment, materials, software, and technology (including data and know-how) likely requiring some type of export license from the Commerce Department's Bureau of Industry and Security (BIS)."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2006-06-07
• World Trade Organization Negotiations: The Doha Development Agenda [Updated May 15, 2006]

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  "Three issues are among the most important to developing countries, in addition to concessions on agriculture. One issue pertains to compulsory licensing of medicines and patent protection. A second deals with a review of provisions giving special and differential treatment to developing countries. A third addresses problems that developing countries are having in implementing current trade obligations. In other areas, negotiators are meeting to clarify and improve disciplines under the antidumping and subsidies agreements. These talks on trade remedies are being observed closely by some Members of Congress, who did not want the issue on the agenda at all. The 5th Ministerial Conference was held September 10-14, 2003 in Cancun, Mexico, but broke up without agreement. On July 31, 2004, WTO [World Trade Organization] members approved a Framework Agreement to guide remaining negotiations. The July 31 framework included important terms on agriculture and began new negotiations on trade facilitation. The 6th Ministerial was held in Hong Kong from December 13-18, 2005. Although an original goal of the Ministerial was to agree on a package of modalities for the ongoing Doha Development Agenda (DDA) round of trade negotiations, this aim was dropped and members agreed to some modest advancements in agriculture, industrial tariffs, and duty and quota-free access for least developed countries."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2006-05-15
• Terrorism and National Security: Issues and Trends [Updated May 10, 2006]

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  "The Bush Administration has made bilateral and regional free-trade agreements (FTAs) more important elements of U.S. trade policy, a strategy known as 'competitive liberalization.' This strategy, it argues, will push forward trade liberalization simultaneously on bilateral, regional and multilateral fronts. It is meant to spur trade negotiations by liberalizing trade with countries willing to join FTAs, and to pressure other countries to negotiate multilaterally. Critics contend, however, that the accent on regional and bilateral negotiations undermines the multilateral forum and increases the risk of trade diversion away from competitive countries not in the trade bloc. The controversial CAFTA (Central American Free Trade Agreement) -- an agreement signed with the five countries of the Central American Common Market (CACM) and the Dominican Republic -- was passed by the House on July 28, 2005, by a vote of 217- 215. Later in the day, the Senate approved the House version of the legislation to implement CAFTA, and President Bush signed it on August 2 (P.L. 109-53). In December 2005, Congress approved implementing legislation for the Bahrain FTA and President Bush signed the legislation of January 11, 2006 (P.L. 109-169). The United States is participating in several other regional and bilateral trade negotiations. Agreements were concluded and became effective during the 108th Congress with Australia, Chile, and Singapore. Also during the 108th Congress, an agreement with Morocco was approved, but it did not take effect until January 1, 2006. Negotiations are underway with Panama, Thailand, three Andean nations (Colombia, Peru, and Ecuador), and the United Arab Emirates. Negotiations have recently concluded with Peru, Colombia, and Oman. USTR announced the launch of FTA negotiations with South Korea on February 3, 2006, and with Malaysia on March 8. Several other trade initiatives are under discussion, including a U.S.-Middle East FTA and an FTA with countries in southeast Asia."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2006-05-10
• United States-Canada Trade and Economic Relationship: Prospects and Challenges [March 29, 2006]

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  "The United States and Canada conduct the world's largest bilateral trade relationship, with total merchandise trade (exports and imports) exceeding $499.3 billion in 2005. The U.S.-Canadian relationship revolves around the themes of integration and asymmetry: integration from successive trade liberalization from the U.S.- Canada Auto Pact of 1965 leading to North American Free Trade Agreement (NAFTA), and asymmetry resulting from Canadian dependence on the U.S. market and from the disparate size of the two economies. The economies of the United States and Canada are highly integrated, a process that has been accelerated by the bilateral U.S.-Canada free trade agreement (FTA) of 1988 and the NAFTA of 1994. Both are affluent industrialized economies, with similar standards of living and industrial structure. However, the two economies diverge in size, per capita income, productivity and net savings."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2006-03-29
• Terrorism and National Security: Issues and Trends [Updated March 21, 2006]

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  "The Bush Administration has made bilateral and regional free-trade agreements (FTAs) more important elements of U.S. trade policy, a strategy known as 'competitive liberalization.' This strategy, it argues, will push forward trade liberalization simultaneously on bilateral, regional and multilateral fronts. It is meant to spur trade negotiations by liberalizing trade with countries willing to join FTAs, and to pressure other countries to negotiate multilaterally. Critics contend, however, that the accent on regional and bilateral negotiations undermines the multilateral forum and increases the risk of trade diversion away from competitive countries not in the trade bloc. The controversial CAFTA (Central American Free Trade Agreement) -- an agreement signed with the five countries of the Central American Common Market (CACM) and the Dominican Republic -- was passed by the House on July 28, 2005, by a vote of 217- 215. Later in the day, the Senate approved the House version of the legislation to implement CAFTA, and President Bush signed it on August 2 (P.L. 109-53). In December 2005, Congress approved implementing legislation for the Bahrain FTA and President Bush signed the legislation of January 11, 2006 (P.L. 109-169). The United States is participating in several other regional and bilateral trade negotiations. Agreements were concluded and became effective during the 108th Congress with Australia, Chile, and Singapore. Also during the 108th Congress, an agreement with Morocco was approved, but it did not take effect until January 1, 2006. Negotiations are underway with the Southern African Customs Union (SACU), Panama, Thailand, three Andean nations (Colombia, Peru, and Ecuador), the United Arab Emirates, and Oman. Negotiations have recently concluded with Peru, Colombia, and Oman. USTR announced the launch of FTA negotiations with South Korea on February 3, 2006, and with Malaysia on March 8. Several other trade initiatives are under discussion, including a U.S.-Middle East FTA and an FTA with countries in southeast Asia."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2006-03-21
• High Performance Computers and Export Control Policy: Issues for Congress [Updated January 25, 2006]

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  "Congress has a strong interest in export control policy and technologies that may have both commercial and military applications outside of the United States. Through its constitutionally delegated authority to regulate foreign commerce, it has the authority to control exports for national security or foreign policy purposes. The 107th Congress is closely examining issues of national export control policy, including reauthorization of the Export Administration Act (EAA), and control policies concerning key technologies...Congressional interest in HPCs has primarily, but not exclusively, been focused on the dual-use applications of HPCs...The 108th Congress likely will again consider the reauthorization of the EAA...There are several issues that congressional policymakers are addressing concerning reauthorization of the Export Administration Act. One is proliferation-- who obtains this technology and how they use it. In response to concerns about proliferation, Congress legislated licensing, post-shipment verification and Congressional notification of exports and changes in licensing thresholds for HPCs. However, some contend that these safeguards and restrictions have not been effective. Another issue is the notification process, in which the executive branch not only notifies the legislative branch of HPC export control changes, but describes the national security implications as well...The U.S. computer industry has raised concerns about another issue-that restrictions only hurt U.S. commercial interests...Yet, there is no consensus as to what should replace MTOPS, if anything. Among the issues facing the 108th Congress are whether to maintain HPC export controls by using MTOPS, revise them by using a benchmark other than MTOPS, or completely eliminate controls in recognition of the worldwide availability of certain technology and rapid technological innovation." - From Summary

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.; McLoughlin, Glenn J.

  2006-01-25
• World Trade Organization: The Hong Kong Ministerial [Updated January 20, 2006]

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  "The World Trade Organization (WTO) held its 6th Ministerial summit in Hong Kong from December 13-18, 2005. WTO Ministerials are held every two years to bring together trade ministers from member states, often to make political decisions for the body. Although an original goal of the Ministerial was to agree on a package of modalities (methods by which the round is negotiated) for the ongoing Doha Development Agenda (DDA) round of trade negotiations, this aim was dropped in order to avoid a high-profile failure similar to previous Ministerials at Cancun and Seattle. Rather, members agreed to some modest advancements in agriculture, industrial tariffs, and duty and quota-free access for least developed countries. The final outcome of these negotiations could provide a substantial boost to the world economy, but if the round itself is not completed, there may be repercussions for the WTO as an institution and for the architecture of the world trading system. [...] The outcome of the Ministerial potentially has significant implications for Congress. Any agreement resulting from the round must be approved by Congress, and there is pressure to come to an agreement well before the expiration of U.S. trade promotion authority on July 1, 2007. In addition, any agreement on agriculture may affect the drafting or necessitate the revision of the next farm bill that may be considered by Congress in 2007. Congress has also expressed an interest in shielding U.S. trade remedy laws from negotiations. This report will be updated to reflect the outcome of the Ministerial."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.; Cooper, William H., 1949-; Jones, Vivian Catherine . . .

  2006-01-20
• Terrorism and National Security: Issues and Trends [Updated January 12, 2006]

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  "The Bush Administration has made bilateral and regional free-trade agreements (FTAs) more important elements of U.S. trade policy, a strategy known as 'competitive liberalization.' This strategy, it argues, will push forward trade liberalization simultaneously on bilateral, regional and multilateral fronts. It is meant to spur trade negotiations by liberalizing trade with countries willing to join FTAs, and to pressure other countries to negotiate multilaterally. Critics contend, however, that the accent on regional and bilateral negotiations undermines the multilateral forum and increases the risk of trade diversion away from competitive countries not in the trade bloc. The controversial CAFTA (Central American Free Trade Agreement) -- an agreement signed with the five countries of the Central American Common Market (CACM) and the Dominican Republic -- was passed by the House on July 28, 2005, by a vote of 217- 215. Later in the day, the Senate approved the House version of the legislation to implement CAFTA, and President Bush signed it on August 2 (P.L. 109-53). In December 2005, Congress approved implementing legislation for the Bahrain FTA and President Bush signed the legislation of January 11, 2006 (P.L. 109-169). The United States is participating in several other regional and bilateral trade negotiations. Agreements were concluded and became effective during the 108th Congress with Australia, Chile, and Singapore. Also during the 108th Congress, an agreement with Morocco was approved, but it did not take effect until January 1, 2006. Negotiations are underway with the Southern African Customs Union (SACU), Panama, Thailand, three Andean nations (Colombia, Peru, and Ecuador), the United Arab Emirates, and Oman. Negotiations have recently concluded with Peru and Oman. Several other trade initiatives are under discussion, including a U.S.-Middle East FTA and an FTA with countries in southeast Asia."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.

  2006-01-12
• World Trade Organization: The Hong Kong Ministerial [Updated December 9, 2005]

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  "The 148 members of the World Trade Organization (WTO) are preparing for the 6th Ministerial summit to be held in Hong Kong on December 13-18, 2005. WTO Ministerials are held every two years to bring together trade ministers from member states, often to make political decisions for the body. The Hong Kong Ministerial will be used to 'take stock' of the ongoing Doha Development Agenda (DDA) round of trade negotiations. The members will not be asked to agree to a package of modalities (methods by which the round is negotiated) because substantial disagreements are still evident among the members. The outcome of these negotiations could provide a substantial boost to the world economy, but if the round itself is not completed, there may be repercussions for the WTO as an institution and for the architecture of the world trading system. [...] The outcome of the Ministerial potentially has significant implications for Congress. Any agreement resulting from the round must be approved by Congress, and there is pressure to come to an agreement well before the expiration of U.S. trade promotion authority on July 1, 2007. In addition, any agreement on agriculture may affect the drafting or necessitate the revision of the next farm bill that may be considered by Congress in 2007. Congress has also expressed an interest in shielding U.S. trade remedy laws from negotiations. This report will be updated to reflect the outcome of the Ministerial."

  Library of Congress. Congressional Research Service

  Fergusson, Ian F.; Cooper, William H., 1949-; Jones, Vivian Catherine . . .

  2005-12-09