Trump Orders Review of WTO and Other Trade Deals to Secure US Interests

US President Donald Trump issued an executive order on 29 April ordering a review of all trade deals involving the United States, which he said would play a role in keeping “jobs and wealth in our country.”

The executive order titled “Addressing Trade Agreement Violations and Abuses”. An “Office of Trade and Manufacturing Policy” has been created in the White House to interact with DoC and USTR. The text of the Order is:

EXECUTIVE ORDER

Addressing Trade Agreement Violations and Abuses

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Policy. Every trade agreement and investment agreement entered into by the United States, and all trade relations and trade preference programs of the United States, should enhance our economic growth, contribute favorably to our balance of trade, and strengthen the American manufacturing base. Many United States free trade agreements, investment agreements, and trade relations have failed, in whole or in part, to meet these criteria. The result has been large and persistent trade deficits, a lack of reciprocal treatment of American goods and investment, the offshoring of factories and jobs, the loss of American intellectual property and reduced technological innovation, downward pressure on wage and income growth, and an impaired tax base. It is the policy of the United States to negotiate new trade agreements, investment agreements, and trade relations that benefit American workers and domestic manufacturers, farmers, and ranchers; protect our intellectual property; and encourage domestic research and development. It is also the policy of the United States to renegotiate or terminate any existing trade agreement, investment agreement, or trade relation that, on net, harms the United States economy, United States businesses, United States intellectual property rights and innovation rate, or the American people.

Sec. 2. Conduct Performance Reviews. The Secretary of Commerce and the United States Trade Representative (USTR), in consultation with the Secretary of State, the Secretary of the Treasury, the Attorney General, and the Director of the Office of Trade and Manufacturing Policy, shall conduct comprehensive performance reviews of:

(a) all bilateral, plurilateral, and multilateral trade agreements and investment agreements to which the United States is a party; and

(b) all trade relations with countries governed by the rules of the World Trade Organization (WTO) with which the United States does not have free trade agreements but with which the United States runs significant trade deficits in goods.

Sec. 3. Report of Violations and Abuses. (a) Each performance review shall be submitted to the President by the Secretary of Commerce and the USTR within 180 days of the date of this order and shall identify:

(i)  those violations or abuses of any United States trade agreement, investment agreement, WTO rule governing any trade relation under the WTO, or trade preference program that are harming American workers or domestic manufacturers, farmers, or ranchers; harming our intellectual property rights; reducing our rate of innovation; or impairing domestic research and development;

(ii)  unfair treatment by trade and investment partners that is harming American workers or domestic manufacturers, farmers, or ranchers; harming our intellectual property rights; reducing our rate of innovation; or impairing domestic research and development;

(iii) instances where a trade agreement, investment agreement, trade relation, or trade preference program has failed with regard to such factors as predicted new jobs created, favorable effects on the trade balance, expanded market access, lowered trade barriers, or increased United States exports; and

(iv)  lawful and appropriate actions to remedy or correct deficiencies identified pursuant to subsections (a)(i) through (a)(iii) of this section.

(b) The findings of the performance reviews required by this order shall help guide United States trade policy and trade negotiations.

Sec. 4. Remedy of Trade Violations and Abuses. The Secretary of Commerce, the USTR, and other heads of executive departments and agencies, as appropriate, shall take every appropriate and lawful action to address violations of trade law, abuses of trade law, or instances of unfair treatment.

India will not affected directly since the balance of trade with US is in favour of Uncle Sam. However, the issue may come up on the services front. India and the US do not have a bilateral trade treaty. On intellectual property, India will not fare so well with many US allegations of counterfeiting against us.

Renegotiate NAFTA

The release of the order capped a tumultuous week on trade in Washington, which saw the US president suggest that he was ready to issue a withdrawal from the North American Free Trade Agreement (NAFTA), a tripartite deal with Canada and Mexico which has governed much of the trade within the region over the last 17 years.

After news leaked last week that Trump was considering a withdrawal, it later emerged that the US leader had changed his mind and would continue to push for a renegotiation instead. The new report on trade deals will include coverage of NAFTA, according to the Secretary of Commerce.

The US leader also discussed the issue with his NAFTA counterparts, who called him to voice their own concerns over the damage that a sudden withdrawal notice could incur.

Relook Korea Trade

Trump also suggested last week that he might pull the United States out of its five-year-old deal with South Korea, depending on whether Seoul is willing to negotiate an upgrade and if so, on what terms.

The US president claimed that the deal has not sufficiently benefitted the US, telling the Washington Post that the US is “getting destroyed in Korea.”