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ECAT 2006 AGENDA

Prepared for the ECAT Annual Meeting
April 4, 2006

Acknowledgements

ECAT gratefully acknowledges the substantive advice and input from our member companies in the preparation of the ECAT 2006 Agenda. These contributions are critical to highlight key trade and investment issues and to ensure that ECAT adopts practical positions to expand international trade and investment. We would also like to extend special thanks to Emily Watkins, ECAT’s Government Affairs Aide, for her valuable contributions in the research and preparation of important parts of ECAT’s 2006 Agenda.

Introduction

PART I: OVERVIEW

Section 1: Importance of Trade and Investment and ECAT’s Role

Why International Trade and Investment Are Important

ECAT’s Activities to Promote Greater Trade and Investment

The Continued Need for Trade Outreach

Section 2: Summary of ECAT’s Position on the Issues

PART II: INTERNATIONAL TRADE AND INVESTMENT NEGOTIATIONS

Section 1: World Trade Organization

Doha Development Agenda Negotiations

    Background
    Doha Development Agenda
    2004 Framework Agreement
    Sixth Ministerial Conference in Hong Kong
    2006 Developments
    ECAT Priorities
      Market Access
      Trade Facilitation
      WTO Rules – Antidumping and Countervailing Duty Rules
      Dispute Settlement
      Government Procurement
    Importance of the WTO Negotiations

WTO Institutional Framework

    Implementation of WTO Agreements

WTO Accessions

    Accession of Saudi Arabia
    Russia’s Proposed Accession
    Vietnam’s Proposed Accession

Status of WTO Committees and Working Parties

    Rules of Origin
    Trade and Environment

WTO Dispute Settlement

    Foreign Trade Barriers Addressed through the WTO Dispute Settlement System

Section 2: Major Free Trade Agreement Negotiations

Trade Promotion Authority Framework

    Major Provisions of TPA
    TPA Timeline

Completed Free Trade Agreements

    U.S.-Central America-Dominican Republic Free Trade Agreement
    U.S.-Bahrain Free Trade Agreement

Recently Negotiated Free Trade Agreements

    U.S.-Oman Free Trade Agreement
    Andean Pact Agreements
      Major Provisions of the U.S.-Peru Trade Promotion Agreement
      Major Provisions of the U.S.-Colombia Free Trade Agreement
      Opportunities Created

Ongoing Free Trade Agreement Negotiations

    U.S.-Korea FTA Negotiations
    U.S.-Malaysia FTA Negotiations
    U.S.-Panama FTA Negotiations
    U.S.-Thailand FTA Negotiations
    U.S.-United Arab Emirates FTA Negotiations
    U.S-South Africa Customs Union FTA Negotiations
    Free Trade Area of the Americas
      Background on the Negotiations
      Status of the Negotiations and Outlook for 2006
      Importance of the FTAA Negotiations

    Consideration of Future FTAs

PART III: TRADE AND INVESTMENT POLICY ISSUES

Section 1: Trade Legislation

Building a Consensus on Trade and Investment Liberalization

Congressional Approval of U.S.-Central America-Dominican Republic and U.S.- Bahrain Free Trade Agreements

2006 Legislative Proposals on the Enforcement of Trade Agreements

Trade Preference Program Legislation

    Generalized System of Preferences
    Least Developed Preference Legislation
    Legislation Expanding Trade Preferences for Haiti
Trade Remedy Law Legislation and Issues
    Congressional Trade Remedy Proposals
    WTO Dispute Settlement Cases Involving U.S. Trade Remedy Laws
Restructuring and Modernization of U.S. Customs
    Transfer to Department of Homeland Security
    Automation Modernization
    Customs Modernization

Section 2: Investment

Importance of Investment to Economic Growth and Poverty Reduction

    ECAT Studies and the Importance of International Investment to the U.S. Economy

National Security Reviews of Foreign Investments

U.S. Negotiating Position on Investment Protections

    Importance of Strong Investment Protections
    Trade Promotion Authority Provisions on Investment
    Investment Protections in Recent Free Trade Agreements, the Model Bilateral Investment Treaty and the Uruguay BIT

Operation of Bilateral Investment Treaties and NAFTA Chapter 11

OECD Policy Framework for Investment

OECD Guidelines for Multinational Enterprises

Section 3: Government Procurement

WTO Government Procurement Agreement

    Key Elements of the GPA
    Efforts to Expand Membership in the GPA
    Efforts to Reform and Simplify the GPA
    Other WTO Government Procurement Activities

Government Procurement Chapters in Free Trade Agreements

APEC Principles

Section 4: Intellectual Property Rights

Intellectual Property Protections in Recent Free Trade Agreements

WTO Agreement on Trade-Related Aspects of Intellectual Property Rights

WTO Dispute Settlement

STOP! Initiative

Special 301

Optical Media Products Piracy, Organized Crime and End-User Piracy of Software

Implementation of World Intellectual Property Organization Treaties

Promoting International Patent Harmonization

Section 5: Transparency

Transparency in the World Trade Organization

Transparency Provisions in U.S. Free Trade Agreements

APEC Transparency and Anticorruption Activities

Antibribery Initiatives

Section 6: Sanctions Reform

Trade Sanctions Reform

Issue-Specific Sanctions Legislation

    Religious Persecution
    Narcotics Enforcement

Country-Specific Sanctions

    Iran Sanctions
    India-Pakistan Nuclear Proliferation Sanctions
    Lifting of Libya Sanctions
    Helms-Burton Cuba Sanctions
    Easing of Cuba Embargo
    Sanctions on Myanmar
    Sanctions on Sudan
    Sanctions on Syria and Lebanon

Section 7: Export Promotion and Financing

Export-Import Bank

    2006 Reauthorization of Export-Import Bank

Overseas Private Investment Corporation

Trade and Development Agency

Millennium Challenge Corporation

Multilateral Development Banks and International Monetary Fund

Section 8: Export Controls

Computer and Software Export Restrictions

Encryption

Microprocessor Controls

Revisions to Deemed Export Rules

Revisions to EAR Liability Standards

Export Administration Act Reauthorization

Wassenaar Arrangement

Section 9: Taxation of Foreign Source Income

Reform and Simplification of U.S. International Tax Laws

American Jobs Creation Act, Extraterritorial Income Act and Foreign Sales Corporation Rules

    Background
    American Jobs Creation Act
    EU Challenge to American Jobs Creation Act

Bilateral Tax Treaties

Section 10: Addressing Concerns about Trade and Investment Liberalization

Global Outsourcing

    ECAT Studies

Reform of Trade Adjustment Assistance and Worker Retraining Programs

    Major Provisions of TAA as Reformed by the Trade Act of 2002
    Implementation and Continued Review of TAA Reforms
    Private Sector Retraining Efforts

Temporary Entry Issues

Labor and Environment Issues

    Labor Issues
    Environmental Issues

Food Trade Issues

    Biotechnology and Genetically Modified Organisms
    Biosafety Protocol
    EU Beef Hormone Case
    ECAT’s Food Chain Coalition Proposal

Health Policy and Intellectual Property Rights Protection

PART IV: COUNTRY- AND REGION-SPECIFIC ISSUES

Section 1: China

China and the WTO

    Background on China’s WTO Commitments
    U.S.-China Relations Act and Congressional-Executive Commission on China

China’s Implementation of WTO Commitments and Key Commercial Issues

    Intellectual Property Rights Enforcement
    Government Procurement
    Industrial Policy
    Financial Services Liberalization
    Other Non-Tariff Barriers
    Transparency
    Discriminatory Consumption and Value-Added Taxation Policies

Mechanisms to Improve the U.S.-China Economic Relationship

Legislative Proposals Relating to China Trade and Investment Issues

    United States Trade Rights Enforcement Act
    China Currency Legislation

Section 2: The European Union

EU Integration Efforts

    European Monetary Union and the Euro
    Other Preferential Trade Arrangements

U.S.-EU Trade and Economic Relations

    Positive Economic Agenda and Regulatory Cooperation
    Agricultural Issues
    Aircraft Issues
    Other WTO Dispute Settlement Cases
    REACH
    Corporate Accounting Standards
    Privacy
    Other Trade Barriers
    “Open Skies” Bilateral Agreements

Section 3: Western Hemisphere

North American Free Trade Agreement

    Success of NAFTA
    NAFTA Dispute Settlement – Chapter 20
    NAFTA Dispute Settlement – Chapter 19
    NAFTA Dispute Settlement – Chapter 11
    NAFTA and the Environment

NAFTA and Labor

Canada

    U.S.-Canadian Trade and Investment
    Major U.S.-Canadian Trade Issues
    Canadian Trade Agreements and Negotiations

Mexico

    U.S.-Mexican Trade and Investment
    Major U.S.-Mexican Trade Issues
    Mexican Trade Agreements and Negotiations

Central America and the Caribbean Basin

    Implementation of the Caribbean Basin Trade Partnership Act

Andean Pact Countries

MERCOSUR

    U.S.-MERCOSUR Trade and Investment
    MERCOSUR Trade Agreements and Negotiations

Section 4: Asia

Asia Pacific Economic Cooperation Forum

    Background on APEC
    Recent APEC Initiatives

Association of Southeast Asian Nations

Japan

Singapore

    Major Provisions of the U.S.-Singapore Free Trade Agreement
    Opportunities Created

India

Australia

    Major Provisions of the U.S.-Australia Free Trade Agreement
    Opportunities Created

Indonesia

Vietnam

Section 5: Russia, Middle East and Sub-Saharan Africa

Russia

Middle East

Morocco

    Major Provisions of the U.S.-Morocco Free Trade Agreement
    Opportunities Created

Jordan

    Major Provisions of the U.S.-Jordan Free Trade Agreement
    Opportunities Created

Sub-Saharan Africa

    African Growth and Opportunity Act
    AGOA Acceleration Act of 2004
    Implementation and Impact of AGOA


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