Washington Trade Daily
Volume 21, Number 91 Monday, May 7, 2012
Trade Reports International Group
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Finally – A Compromise Ex-Im Bill
House Republican Leader Eric Cantor (Va) late Friday announced a compromise reauthorization plan for the US-Export Import Bank – paving the way for a vote as early as tomorrow (WTD, 4/25/12).
The House and Senate will have to approve the reauthorization measure (HR 2072) before May 30 in order to keep the Bank operating.
The compromise bill represents a deal struck between House Republican leaders and fiscally conservative Republicans who view the Bank as a vehicle for corporate welfare. The Bank also faced criticism from US airlines that argued Ex-Im’s loans to foreign airlines undercut their own operations and international competitiveness.
The compromise reauthorizes the Bank’s operating charter through fiscal year 2014 – significantly shorter than the four years approved by both the House Financial Services and Senate Banking committees.
The lending cap would rise from the current $100 billion to $120 billion through September 30 and go to $140 billion in fiscal year 2014. That is less than the $160 billion lending limit approved by House Financial Services, but the same as the Senate bill (S 1547).
House Speaker John Boehner (R-Ohio) praised the agreement and urged members to support it.
The House is slated to vote on the measure on Tuesday under suspension of the rules, meaning it would not be subject to amendment but would require a two-thirds majority to pass.
The compromise was worked out with House Democratic Whip Steny Hoyer (Md). “With other nations aggressively supporting their businesses’ exports, it is critical that the Bank continue to provide assistance to American businesses in order to say competitive,” he said in a statement.
The measure contains new reporting requirements aimed at preventing defaults and requires the Bank keep its default rate at under 2 percent.
To address US airlines’ concerns, the bill directs the Treasury Department to pursue multilateral negotiations on reducing – and eventually eliminating – government export subsidies for aircraft.
US, EU Agree on ‘Trusted Traders’
On Friday, Brussels and Washington formally agreed to recognize each other’s “trusted traders” – the US Customs-Trade Partnership Against Terrorism and the EU’s Authorized Economic Operators – allowing member companies to benefit from faster approvals and reduced administration for customs clearance (WTD, 11/30/11.
Under mutual recognition customs authorities would focus their attention on real risk areas, according to statements from both sides.
There are currently 5,000 companies approved as AEOs in the EU; C-TPAT’s membership is around 10,000.
The new program will be implemented from July 1.
EU Director General for Taxation and Customs Union Heinz Zourek was in Washington to sign the agreement and visit with acting Customs Commissioner David Aguilar.
Mutual recognition of respective trade partnerships is a very important step towards improving the protection of citizens against terrorist attacks, the EU said in a statement. At the same time, recognizing each other as “reliable traders” will also lead to more effective container inspection and important cost saving for companies.
Under the Transatlantic Economic Council last November the two announced the completion of preparatory work on mutual recognition.
Trade Facilitation
Geneva – Doha Development Agenda negotiating group on trade facilitation chair Eduardo Emesto Sperisen-Yurt last week issued the latest – twelfth – version of a draft consolidated negotiating text that reveals modest progress, but continued fundamental differences on some major issues (WTD, 5/2/12).
Members are still stuck over special and differential treatment flexibilities for developing countries, expedited shipments, establishment of a single window for the clearance of goods and customs cooperation, WTD has learned.
Drafters under Mr. Sperisen-Yurt’s directions were able to erase only 70 brackets from a text which included 770 at the beginning of the year.
At a General Council meeting last week, World Trade Organization Director General Pascal Lamy described negotiations on trade facilitation as an “exception” to other areas in Doha. He said members had successfully concluded the first phase of the work plan adopted at the beginning of the year.
But there is considerable work to be done in a number of areas, sources told WTD.
The main standoff between the industrialized countries on one side and developing nations on the other is on the issue of technical and financial assistance commitments. The July 2004 framework agreement and the 2005 Hong Kong Ministerial Declaration both provide for up-front binding commitments.
But industrialized countries want developing nations first to agree to binding reforms of their own before making any financial commitments. The proposed reforms remain in square brackets and involve clearance of goods under a bank guarantee, expedited shipments within three days, establishment of a single-window clearance for all export and import of goods, publication of taxation matters and appeals procedures, among others, said one industrialized country negotiator.
One developing-country negotiator commented to WTD that developing countries are willing to take commitments on all the major issues proposed by the industrialized countries, but said they first must agree to what is required under the mandate.
Working on a WTO Agenda
Geneva – After three-days in Cofu, Greece, some 16 trade envoys came up with some concrete ideas during a “brainstorming” retreat on issues concerning the multilateral trading system, trade with developing countries and the Doha Development Agenda trade negotiations, WTD has learned (WTD, 4/30/12).
The European Union hosted the three day session which began last Thursday. Envoys from the United States, Canada, Japan, Norway, Switzerland, Australia, China, India, Brazil, South Africa, Mexico, Chile, Mauritius and Jamaica took part in the deliberations. World Trade Organization Chief Pascal Lamy addressed the concluding session on Saturday.
Issues relating to the state-of-play in the global trading system – including some recent trade restrictive measures – as well as the emergence of global value chains, a “stand-still” measure and the imperative to keep markets open were discussed during the first session on the multilateral trading system, said participants.
Trade envoys also discussed the imperative to address developmental issues to ensure that there are dividends for the poorest countries.
The final session on Doha focused largely on areas that could be taken up expeditiously – such as trade facilitation and immediate concerns of least-developed countries, including simplifying the accession process, waiving services commitments and the long-standing duty-free/quota-free market access program.
Around the Globe
China agreed to let foreigners own bigger stakes in its securities firms at a high-level dialogue with the United States, an American official said Friday, after talks went ahead despite a standoff over a Chinese legal activist, the Associated Press news service reported Friday (WTD, 5/4/12). Beijing also agreed to expand access to its auto insurance market and to negotiate guidelines to regulate export credits, said the official, who briefed reporters on condition of anonymity. China’s billions of dollars in loans and other support to exporters have been criticized as anticompetitive subsidies, prompting pressure to impose limits.
This week’s Strategic and Economic Dialogue came as a weak global economy and pressure to generate jobs is fueling U.S. demands for Beijing to lower market barriers and scrap currency controls. Washington complains China’s currency is undervalued, giving its exporters an unfair advantage and hurting foreign competitors and the global economy.
Chinese officials agreed to raise the cap on foreign ownership of securities joint-ventures to 49 percent, according to the U.S. official. That is above China’s promise of 20 percent ownership as part of its World Trade Organization membership. Washington sees that as a “very welcome change in policy,”’ the official said. No deadline was set but Chinese regulators are expected to start work immediately on regulatory changes, the official said. The governments also agreed to start negotiations this summer on a “set of disciplines” for export credits, the official said.
Chinese officials also announced plans to open the country’s third-party auto insurance market to foreign firms, the official said. Earlier Friday, U.S. Treasury Secretary Timothy Geithner said in a meeting with President Hu Jintao that China’s plans to move toward a more market-oriented exchange rate are “very promising.” Last month, Geithner complained that an undervalued yuan was a source of “unfair competition.” Chinese envoys made a “clear, sustained commitment”’ to more exchange-rate reform at this week’s talks, the U.S. official said, but gave no details. Chinese officials have said, however, that future gains in the yuan are likely to be limited. Trade Minister Chen Deming said Thursday that China’s shrinking global trade surplus suggests the yuan is at an appropriate level.
Following is a Treasury Department fact sheet on the S&ED outcomes –
China agreed to participate in negotiations for new rules on official export financing with the United States and other major exporters, with the first meeting to take place this summer in Washington, DC. China is one of the world’s largest providers of export financing today, and China’s participation in negotiated rules governing the terms and conditions of official export financing is critical to making sure that competitive U.S. exports are not undercut by subsidized foreign government financing.
In order to create a more level playing field for U.S. firms competing against Chinese state-owned enterprises (SOEs), China committed to providing non-discriminatory treatment to all enterprises, regardless of type of ownership, in terms of credit, taxation, and regulatory policies.
China agreed to increase the number of SOEs that pay dividends as well as to increase the amount of dividends actually paid. China will further encourage listed SOEs – which include China’s largest and most profitable SOEs – to increase the portion of profits they pay out in dividends so as to be in line with market levels. SOE profits, as a share of China’s GDP, rose from 1.7 percent in 2001 to a peak of 3.7 percent in 2007, just prior to the global financial crisis, contributing to China’s imbalanced growth pattern. Unlocking the profits maintained in the corporate sector will help boost China’s domestic consumption, creating new opportunities for U.S. producers.
China committed to submit this year a revised comprehensive offer to join the WTO Agreement on Government Procurement (GPA) – one that responds to the requests of the United States and other GPA parties. The United States is focused on ensuring that China’s offer is commensurate with other WTO GPA parties. Opening one of the largest and fastest growing procurement markets would provide substantial opportunities for U.S. exports.
To help level the playing field and increase protections for U.S. investors, the United States and China agreed to intensify negotiations for a U.S.-China Bilateral Investment Treaty.
China committed to open up further, including new sectors, to foreign investment. China also committed to further simplify and enhance the transparency of its investment approval system, and to focus its security review of foreign investment solely on national security concerns and adhere to specific timelines and review standards.
Following its commitment from last year’s S&ED, China issued measures providing that departmental rules and administrative regulations have to be posted for public comment on an official government website for a period of no less than 30 days, except under special circumstances. This is intended to give all interested parties, including U.S. companies, a better opportunity to learn about and comment on rules and regulations that affect their business.
Ensuring greater protection of intellectual property rights (IPR)
Innovation is fundamental to America’s core competitiveness and future growth, and preventing theft of our inventors’ and researchers’ intellectual property remains a top priority. China recognized the importance of increasing sales in China of legitimate IP-intensive products and services in line with China’s status as a globally significant consumer of these goods.
China committed to extend its efforts to promote the use of legal software by Chinese enterprises, in addition to more regular audits of software on government computers.
China agreed to prioritize trade secrets in its IPR protection policies and to increase enforcement against trade secret misappropriation.
China agreed to treat IPR owned or developed in other countries the same as IPR owned or developed in China.
China agreed to intensive discussions on the implementation of its commitment that technology transfer is to be decided by firms independently and not to be used by the Chinese government as a pre-condition for market access.
Shifting China Toward Consumption-based Domestic Demand-led Growth: China has committed to greatly increase its reliance on domestic demand – particularly household consumption – for growth, and to reduce China’s dependence on exports and investment. For American exporters, this means a much more rapidly growing Chinese market for U.S. goods and services, as well as a pattern of Chinese growth that supports stronger and more sustained growth of the global market.
China’s commitment to continued exchange rate reform is a critical part of this effort. While important progress has been achieved, more remains to be done.
China’s exchange rate has appreciated and is up about 13 percent against the U.S. dollar when accounting for differences in inflation since June 2010, and 40 percent since 2005. China also recently announced that it is widening its trading band to allow market forces to play a greater role in setting the exchange rate.
China committed to enhancing exchange rate flexibility, letting supply and demand play a bigger role, and reiterated its determination to implement fully its G-20 commitments to move more rapidly to a more market-determined exchange rate system.
China also is taking a number of steps to raise household income and to lower the prices of consumer goods and services that ordinary Chinese purchase, including from the United States.
China cut import tariffs on certain consumer goods in the run up to the S&ED this year and has committed to another round of tariff cuts before the end of 2012.
China agreed to expand its pilot program to reduce taxes on services to other regions and sectors. U.S. services firms are among the most competitive in the world and stand to benefit as China’s services market grows.
Expanding Opportunities for U.S. Firms Through Promoting More Resilient, Open, and Market-Oriented Financial Systems: Financial sector reform is critical to our goals of leveling the playing field and promoting home-grown, consumption-led growth in China. China’s current financial system provides low returns and few choices to consumers, leading them to save too much, and channels cheap financing to state-owned enterprises through large state-owned banks. Financial opening will support more competition and give Chinese households higher income on their savings and better access to a range of financial products so they can meet their financial goals and insure against life’s risks.
Developing China’s financial markets and promoting consumer financing
China now has amended its regulations to implement last year’s S&ED commitment to allow U.S. and other foreign insurance companies to sell mandatory auto liability insurance in what is the world’s largest market for automobiles.
China committed that foreign and domestic auto financing companies – currently dependent on China’s state-owned banks for funding – will be able to issue bonds regularly, including issuing securitized bonds. This will help boost the competitive edge in China of U.S. auto firms, which are global leaders in auto financing.
China committed to increase the total dollar amount that foreigners can invest in China’s stock and bond markets under its Qualified Foreign Institutional Investor (QFII) program from $30 to $80 billion. This will reduce restrictions on the free flow of capital and increase opportunities for U.S. pension and mutual funds and other investment management firms.
China committed to allow foreign investors to take up to 49 percent equity stakes in domestic securities joint ventures, going beyond China’s WTO commitment of 33 percent. This provides U.S. investors greater ability to control their operations and protect proprietary technology and know how. China also agreed to shorten the waiting period (“seasoning period”) for securities joint ventures to apply to expand into brokerage, fund management, and trading activities that are essential to building competitive securities businesses.
China agreed to allow investors from the U.S. and other economies to establish joint venture brokerages to trade commodity and financial futures and hold up to 49 percent of the equity in those joint ventures.
China reaffirmed its intention to promote more market-based interest rates. Raising the ceiling on deposit rates also would allow Chinese households to earn a higher return on their savings, supporting greater household consumption. And it would make it more costly to continue exchange rate intervention.
U.S. Secretary of State Hillary Rodham Clinton will use a two-day visit to India this week to urge further reductions in Indian imports of Iranian oil, the Associated Press news service reported Sunday (WTD, 5/3/12). A senior official traveling with Clinton in Bangladesh ahead of her arrival in India on Sunday said the matter will be at the top of the secretary’s agenda in talks with Indian leaders.
India, which has tremendous energy needs to fuel its rapid growth, has made some progress in easing its dependence on Iranian oil, but the official said the U.S. wants to see more. The official, who spoke on condition of anonymity to preview Clinton’s private discussions in Kolkata and New Delhi, said the “trend lines are good” but “we really need to receive assurances that they are going to continue to make good progress.”
The official noted that India had recently stepped up imports of oil from Saudi Arabia to make up for the reduction in Iranian oil and that the U.S. was eager to see the Indians explore other alternatives. Like other major consumers of Iranian oil, India could face U.S. sanctions by the end of June if the Obama administration determines it has not made significant cuts in imports under a law aimed at squeezing Iran’s petroleum industry to press the country to comply with international demands over its nuclear program.
After visiting Kolkata, India’s major eastern city, Clinton will travel on Monday to New Delhi where her visit will coincide with that of a major Iranian trade delegation seeking opportunities in the Indian market. The U.S. official downplayed the presence of the delegation, which he said was centered on consumer goods. “I don’t think we are too concerned about it,” he said. In her talks with Indian officials, Clinton will also be pressing for the country to continue economic reforms and trade liberalization, including dropping restrictions on foreign investment in the finance sector and allowing large western retailers to open up, the official said.
Trade Minister Ed Fast is returning home from a week-long visit to Australia and New Zealand with hope but no firm commitment that Canada will be accepted into the world’s hottest new trading bloc, the Canadian Press news service reported (WTD, 5/2/12). However, Mr. Fast said he has made significant progress in negotiations with two of three hold-outs to Canada’s quest to join the Trans-Pacific Partnership.
“I’m very encouraged by the discussions I’ve had with my partners,” he said in a telephone interview from New Zealand. “I’m confident if they evaluate us based on the merits, and the case we’ve made that they will welcome us to those negotiations.” Mr. Fast acknowledged that Canada’s admission to the nine-member club, which includes the United States, Malaysia and Singapore and could soon add Japan, is not assured and will require a consensus of the members.
He said six of the member states have given Canada “a clear, strong undertaking of support.” That leaves the United States, New Zealand and Australia who need to be convinced that Canada is serious about putting the country’s protectionist supply management system for dairy, eggs and poultry on the table. In a news release issued in Ottawa, the department noted that the Business Council of Australia had endorsed Canada’s entry. The minister would not give a deadline for a decision, but said he impressed on Australian Trade Minister Craig Emerson and Tim Groser of New Zealand that the sooner the better for the process.
He said he assured them that Canada was prepared to discuss its supply management system, while stressing the government intends to support farmers.
EU Digital Agenda Commissioner Neelie Kroes has admitted defeat on the controversial anti-counterfeit treaty Acta, with her official spokesman telling reporters that the treaty’s demise is a “political reality” the EU Observer reported (WTD, 4/16/12). Speaking at a conference on internet freedom in Berlin on Friday, Commissioner Kroes told delegates that “we are now likely to be in a world without SOPA (an anti-piracy bill under discussion in the US Congress) and Acta.”
Kroes also referred to the campaign mounted by internet freedom groups as “a strong political voice”, adding that “thousands of people are willing to protest against rules which they see as constraining the openness and innovation of the Internet.” Next week, MEPs in the Petitions committee will discuss the anti-Acta petition launched by campaign group Avaaz which collected over 2.4 million signatures. Commissioner Kroes is the first member of the EU executive to break ranks in publicly admitting that there is little prospect of Acta being ratified by the EU.
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On the Web......
China
Korea (South). Chinese government statement on first round of free trade negotiations with South Korea. (available at: http://english.mofcom.gov.cn/aarticle/newsrelease/significantnews/201205/20120508104313.html ) issued: 5/4/12.
US Relations. Treasury Department fact sheet on the economic track of the US-China Strategic and Economic Dialogue. (available at: http://www.treasury.gov/press-center/press-releases/Pages/tg1568.aspx ) issued: 5/4/12.
US Relations. Commerce Department statement on the US-China Strategic and Economic Dialogue. (available at: http://www.commerce.gov/ ) issued: 5/4/12.
US Relations. US Trade Representative’s office statement on the US-China Strategic and Economic Dialogue. (available at: http://www.ustr.gov/node/7525 ) issued: 5/4/12.
US Relations. US Chamber of Commerce statement on the US-China Strategic and Economic Dialogue. (available at: http://www.uschamber.com ) issued: 5/4/12.
US Relations. US-China Business Council statement on the Strategic and Economic Dialogue. (available at: http://www.uschina.org ) issued: 5/4/12.
Customs
European Union. Customs Bureau announcement of new mutual recognition agreement with the European Union on the “trusted trader” program. (available at: http://www.cbp.gov/xp/cgov/newsroom/news_releases/national/05042012.xml ) issued: 5/4/12.
European Union
Export-Import Bank
Reauthorization. Statement by House Speaker Boehner on the US Export-Import Bank reauthorization. (available at: http://www.speaker.gov/news/email/show.aspx?ID=HKZLUBBLFMXJ7UEDHTNCRFHFPE ) issued: 5/4/12.
Reauthorization. Statement by Rep. Hoyer on reauthorization of the US Export-Import Bank. (available at: http://www.democraticwhip.gov ) issued: 5/4/12.
Reauthorization. Financial Services Roundtable statement on US Export-Import Bank reauthorization. issued: 5/5/12.
Reauthorization. US Chamber of Commerce statement on reauthorization of the US Export-Import Bank. (available at: http://www.uschamber.com ) issued: 5/4/12.
Reauthorization. Business Roundtable statement on reauthorization of the US Export-Import Bank. issued: 5/4/412.
Reauthorization. National Association of Manufacturers statement on reauthorization of the US Export-Import Bank. (available at: http://www.nam.org ) issued: 5/4/12.
Footwear
Imports. American Apparel and Footwear Association chart on footwear imports. issued: 5/4/12.
Information Technology
Korea (South)
China. Chinese government statement on first round of free trade negotiations with South Korea. (available at: http://english.mofcom.gov.cn/aarticle/newsrelease/significantnews/201205/20120508104313.html ) issued: 5/4/12.
Textiles
Imports. American Apparel and Footwear Association charts and graphs on imports of US apparel. issued: 5/4/12.
Trade Policy
Enforcement. US Trade Representative’s office trade enforcement newsletter. (available at: http://www.ustr.gov ) issued: 5/4/12.
United Arab Emirates
Trade Policy. World Trade Organization trade policy review of the United Arab
Emirates. (available at: http://docsonline.wto.org/GEN_viewerwindow.asp?http://docsonline.wto.org:80/DDFDocuments/t/WT/TPR/S262R1-01.doc and http://docsonline.wto.org/GEN_viewerwindow.asp?http://docsonline.wto.org:80/DDFDocuments/t/WT/TPR/S262R1-02.doc and http://docsonline.wto.org/GEN_viewerwindow.asp?http://docsonline.wto.org:80/DDFDocuments/t/WT/TPR/S262R1-03.doc and http://docsonline.wto.org/GEN_viewerwindow.asp?http://docsonline.wto.org:80/DDFDocuments/t/WT/TPR/S262R1-04.doc and http://docsonline.wto.org/GEN_viewerwindow.asp?http://docsonline.wto.org:80/DDFDocuments/t/WT/TPR/S262R1-05.doc and http://docsonline.wto.org/GEN_viewerwindow.asp?http://docsonline.wto.org:80/DDFDocuments/t/WT/TPR/S262R1-06.doc ) issued: 5/3/12.
World Trade
G-20. Summary of the recent meeting of G-20 trade ministers’ meeting. (available at: http://docsonline.wto.org/GEN_viewerwindow.asp?http://docsonline.wto.org:80/DDFDocuments/t/WT/L/855.doc ) issued: 5/2/12.
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