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Trade Facts: Anti-Counterfeiting Trade Agreement (ACTA)
This fact sheet from the Office of the United States Trade Representative details how the Anti-Counterfeiting Trade Agreement (ACTA) negotiations will improve IPR protection. "The ACTA effort aims to provide a framework for countries committed to strong IPR protection to more effectively combat the challenges of IPR infringement today, particularly in the context of piracy and counterfeiting. We envision that: (1) The ACTA will be a leadership agreement, setting a positive example for nations that aspire to strengthen IPR enforcement. (2) Participation will grow over time, reflecting the growing international consensus on the need for strong IPR enforcement. Benefits of ACTA: (3) Enhancing international IPR enforcement by partnering with countries that recognize the critical importance of such enforcement. (4) Strengthening the international fight against pirates and counterfeiters who steal from businesses and workers, discourage innovation and creativity, threaten health and safety, provide an easy source of revenue for organized crime, and cause loss of tax revenue. (5) Building on the successes of the Strategy Targeting Organized Piracy (STOP) initiative, a government-wide effort started in October 2004 to confront piracy and counterfeiting."
United States. Office of the U.S. Trade Representative
Schwab, Susan
2008-08-04
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Public Comments on Anti-Counterfeiting Trade Agreement (ACTA)
This release from the Office of the United States Trade Representative includes correspondence from a number of organizations including the American Free Trade Association, the Copyright Alliance, and others, in addition to a jointly signed statement of support for the Anti-Counterfeiting Trade Agreement negotiations. "The undersigned associations and companies appreciate that the United States Trade Representative (USTR) and the Department of Commerce have organized a public meeting to consult with interested parties on the proposed ACTA anti-counterfeiting agreement. We also appreciate the call for additional comments prior to the public meeting. As you may be aware, many of the signatories below have submitted extensive prior comments and expressed a variety of procedural and substantive concerns about the ACTA agreement, which we very much appreciate your considering[sic]. We submit these additional brief comments because we have a strong interest in ensuring that the 'Internet provisions,' which we understand will presently be under discussion, not disrupt the delicate balance with respect to Section 512 struck in the Digital Millennium Copyright Act, result in increased liability for intermediaries or adopt solutions that directly or indirectly suggest changes to U.S. law."
United States. Office of the U.S. Trade Representative
2008-09-24
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Trade Facts: Free Trade Agreements and the Supply of Services at U.S. Ports
This fact sheet provided by the Office of the United States Trade Representative explains how Free Trade Agreements affect the operation of U.S. ports and how that will impact American security. "Critics of the United States-Peru Trade Promotion Agreement and the United States-Oman Free Trade Agreement wrongly claim that it will give foreign service suppliers unprecedented access to U.S. ports and thereby endanger U.S. security."
United States. Office of the U.S. Trade Representative
2006-06-29
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Trade Facts: BAE Systems and EADS Major Defense and Space Contractors in the EU and the United States
This fact sheet provided by the Office of the United States Trade Representative lays out the ways in which BAE Systems and EADS are comparable to American defense contractors in their operations worldwide.
United States. Office of the U.S. Trade Representative
2005-05-31
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Trade Facts: Port Security
This fact sheet provided by the Office of the United States Trade Representative details the impact that Free Trade Agreements can have on port security.
United States. Office of the U.S. Trade Representative
Schwab, Susan
2007-05-11
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U.S. Food Safety and Trade: Myth vs. Fact
This document provides factual information on the following myths: Our Free Trade Agreements require U.S. authorities to permit foods that do not meet U.S. safety standards to enter the United States; The U.S. food supply is 'unsafe' because not all food imports are inspected; Trade rules in the proposed Free Trade Agreements with Peru, Colombia, Panama, and South Korea limit food safety standards and border inspection; Under our Free Trade Agreements, U.S. food safety regulators are required to treat imported food the same as domestically produced food, even though more intensive inspection of imported goods is needed, and; Free Trade Agreements create an uneven playing field for U.S. food producers, because they are held to a much higher standard regarding pesticides and acceptable farming practices than foreign producers.
United States. Office of the U.S. Trade Representative
2007-09
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2013 Special 301 Report
"The 'Special 301' Report is the result of an annual review of the state of intellectual property rights (IPR) protection and enforcement in trading partners around world, which the Office of the United States Trade Representative (USTR) conducts pursuant to Section 182 of the Trade Act of 1974, as amended by the Omnibus Trade and Competitiveness Act of 1988 and the Uruguay Round Agreements Act. This Report reflects the Administration's continued resolve to encourage and maintain adequate and effective IPR protection and enforcement worldwide. It identifies a wide range of concerns, including the continued deterioration in IPR protection, enforcement, and market access for persons relying on IPR in Ukraine ; the growing problem of misappropriation of trade secrets in China and elsewhere; troubling 'indigenous innovation' policies that may unfairly disadvantage U.S. rights holders in China ; the continuing challenges of copyright piracy over the Internet in countries such as Brazil, Italy, and Russia ; and other ongoing, systemic IPR enforcement issues presented in many trading partners around the world. USTR looks forward to working closely with the governments of the trading partners that are identified in this year's Special 301 Report, to address both emerging and continuing concerns, and to continue to build on the positive results that many of these governments have achieved."
United States. Office of the U.S. Trade Representative
2013-05
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Trans-Pacific Partnership: Strategic Importance of the TPP
"The Trans-Pacific Partnership (TPP) levels the playing field for American workers and American businesses, leading to more Made-in-America exports and more higher-paying American jobs here at home. By cutting over 18,000 taxes various countries put on Made-in-America products, TPP makes sure our farmers, ranchers, manufacturers and small businesses can compete--and win--in some of the fastest growing markets in the world. With more than 95 percent of the world's consumers living outside our borders, TPP will significantly expand the export of Made-in-America goods and services and support American jobs."
United States. Office of the U.S. Trade Representative
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2003 Report to Congress on China's WTO Compliance
The focus of this Report is on China's progress in implementing its WTO commitments. In that sense, U.S. business success in China is not necessarily a demonstration of WTO implementation progress, nor does it necessarily signal that expectations are being fully met. Rather, China's WTO implementation progress must be measured by the degree to which China has begun to institutionalize market mechanisms and to make its trade regime more predictable and transparent. By that score, the shortcomings in China's WTO implementation are noteworthy. Unlike last year, China's uneven and incomplete WTO compliance record can no longer be attributed to start-up problems. This year's report details China's WTO compliance efforts regarding the entire range of accession commitments made by China. The major areas of concern for the US are agriculture, intellectual property rights, services, value added tax policies, transparency, and trading rights and distribution services.
United States. Office of the U.S. Trade Representative
2003-12-11
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2004 National Trade Estimate Report on Foreign Trade Barriers
The 2004 National Trade Estimate Report on Foreign Trade Barriers (NTE) is the nineteenth in an annual series that surveys significant foreign barriers to U.S. exports.
United States. Office of the U.S. Trade Representative
2004-04-01
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Findings of the Investigation into China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation Under Section 301 of the Trade Act of 1974
"This investigation has been brought under Section 301 of the Trade Act of 1974, as amended (the Trade Act). Section 301 is a key enforcement tool that may be used to address a wide variety of unfair acts, policies, and practices of U.S. trading partners. [...] If the USTR [United States Trade Representative] determines that the Section 301 investigation 'involves a trade agreement,' and if that trade agreement includes formal dispute settlement procedures, USTR may pursue the investigation through consultations and dispute settlement under the trade agreement. Otherwise, USTR will conduct the investigation without recourse to formal dispute settlement. [...] The President instructed USTR to determine under Section 301 whether to investigate China's law, policies, practices, or actions that may be unreasonable or discriminatory and that may be harming American intellectual property rights, innovation, or technology development. [...] In the bilateral relationship, China repeatedly has committed to eliminate aspects of its technology transfer regime. On at least eight occasions since 2010, the Chinese government has committed not to use technology transfer as a condition for market access and to permit technology transfer decisions to be negotiated independently by businesses. China has further committed not to pressure the disclosure of trade secrets in regulatory or administrative proceedings. The evidence adduced in this investigation establishes that China's technology transfer regime continues, notwithstanding repeated bilateral commitments and government statements, as summarized in Table I.1, below, and discussed in the remainder of this report."
United States. Office of the U.S. Trade Representative
2018-03-22
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2021 Report to Congress on China's WTO Compliance
From the Document: "This is the 20th report prepared pursuant to section 421 of the U.S.-China Relations Act of 2000 [...], which requires the United States Trade Representative (USTR) to report annually to Congress on compliance by the People's Republic of China (China) with commitments made in connection with its accession to the World Trade Organization (WTO), including both multilateral commitments and any bilateral commitments made to the United States. [...] In Part One of this report, we provide an assessment of China's WTO membership, including the unique and very serious challenges that China's state-led, non-market approach to the economy and trade continue to pose for the multilateral trading system. In Part Two, we review the effectiveness of the various strategies that have been pursued over the years to address the unique problems posed by China. In Part Three, we emphasize the critical need for new and more effective strategies - including taking actions outside the WTO where necessary - to address those problems. Finally, in Part Four, we catalogue the numerous problematic policies and practices that currently stem from China's state-led, non-market approach to the economy and trade."
United States. Office of the U.S. Trade Representative
2022-02
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2011 Report to Congress on China's WTO Compliance
"China acceded to the World Trade Organization [WTO] ten years ago, on December 11, 2001. The terms of its accession called for China to implement numerous specific commitments over time, with key commitments phased in by December 11, 2006, five years ago. At this point, China is no longer a new WTO member; indeed, China has proven to be a major beneficiary of the global trading system. Accordingly, the United States and other WTO members have been holding China fully accountable as a mature participant in the WTO system, placing a strong emphasis on China's adherence to WTO rules."
United States. Executive Office of the President; United States. Office of the U.S. Trade Representative
2011-12
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Update Concerning China's Acts, Policies and Practices Related to Technology Transfer, Intellectual Property, and Innovation
"On August 14, 2017, the President instructed the U.S. Trade Representative to determine under Section 301 of the Trade Act of 1974 whether to investigate China's laws, policies, practices, or actions that may be unreasonable or discriminatory and that may be harming American intellectual property rights, innovation, or technology development. On August 18, 2017, the Office of the U.S. Trade Representative (USTR) initiated a Section 301 investigation of China's acts, policies, and practices related to technology transfer, intellectual property, and innovation. On the date of initiation, USTR requested consultations with the Government of China concerning the issues under investigation. Instead of accepting the request, China's Ministry of Commerce expressed 'strong dissatisfaction' with the United States and decried the investigation as 'irresponsible' and 'not objective.' On March 22, 2018, USTR issued the 'Findings of the Investigation into China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation under Section 301 of the Trade Act of 1974' (the 'Section 301 Report'). Based on this report, USTR determined the following Chinese actions are unreasonable or discriminatory and burden or restrict U.S. commerce[.]"
United States. Executive Office of the President; United States. Office of the U.S. Trade Representative
2018-11-20
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Economic and Trade Agreement Between the United States of America and the People's Republic of China: Phase One
From the Preamble: "The Government of the United States of America and the Government of the People's Republic of China (collectively the 'Parties'), RECOGNIZING the importance of their bilateral economic and trade relationship; REALIZING that it is in the interests of both countries that trade grow and that there is adherence to international norms so as to promote market-based outcomes; CONVINCED of the benefits of contributing to the harmonious development and expansion of world trade and providing a catalyst to broader international cooperation; ACKNOWLEDGING the existing trade and investment concerns that have been identified by the Parties; and RECOGNIZING the desirability of resolving existing and any future trade and investment concerns as constructively and expeditiously as possible, HAVE AGREED as follows." The document has eight chapters including: 1) Intellectual Property; 2) Technology Transfer; 3) Trade in Food and Agricultural Products; 4) Financial Services; 5) Macroeconomic Policies and Exchange Rate Matters and Transparency; 6) Expanding Trade; 7) Bilateral Evaluation and Dispute Resolution; and 8) Final Provisions.
United States. Office of the U.S. Trade Representative; United States. Department of the Treasury
2020-01-15
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2021 Review of Notorious Markets for Counterfeiting and Piracy
From the Document: "Commercial-scale copyright piracy and trademark counterfeiting cause significant financial losses for U.S. right holders and legitimate businesses, undermine critical U.S. comparative advantages in innovation and creativity to the detriment of American workers, and pose significant risks to consumer health and safety. The 2021 Review of Notorious Markets for Counterfeiting and Piracy (Notorious Markets List, or NML) highlights prominent and illustrative examples of online and physical markets that reportedly engage in, facilitate, turn a blind eye to, or benefit from substantial piracy or counterfeiting. A goal of the NML is to motivate appropriate action by the private sector and governments to reduce piracy and counterfeiting."
United States. Executive Office of the President; United States. Office of the U.S. Trade Representative
2022-02-16?
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Risks and Considerations for Businesses and Individuals with Exposure to Entities Engaged in Forced Labor and Other Human Rights Abuses Linked to Xinjiang, China
From the Introduction: "The U.S. Department of State, the U.S. Department of the Treasury, the U.S. Department of Commerce, the U.S. Department of Homeland Security (DHS), the Office of the U.S. Trade Representative, and the U.S. Department of Labor are updating this advisory, originally published in July 2020, in light of growing evidence of the use of forced labor in Xinjiang and the Secretary of State's determinations that the PRC [People's Republic of China] government has committed genocide and crimes against humanity in Xinjiang. The U.S. government has taken action in response to human rights abuses in and in connection to Xinjiang. Actions include the issuance of Withhold Release Orders by U.S. Customs and Border Protection (CBP), the addition of entities to the U.S. Department of Commerce Entity List, the imposition of economic sanctions by the U.S. Department of the Treasury, the imposition of visa restrictions by the U.S. Department of State, as well as the addition of multiple goods to the U.S. Department of Labor's 'List of Goods Produced by Child Labor or Forced Labor.' Raw and refined materials, commodities, intermediate goods, byproducts, and recycled materials may all have connections to forced labor and human rights violations in Xinjiang, regardless of the final product and region of origin or export. [...] This advisory outlines risks that businesses and individuals should consider when assessing business partnerships with, investing in, sourcing from, or providing other support to companies operating in Xinjiang, linked to Xinjiang, or with laborers from Xinjiang."
United States. Department of State; United States. Department of the Treasury; United States. Department of Commerce . . .
2021-07-13
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