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ECAT 2008 AGENDA

Prepared for the ECAT Annual Meeting
April 3, 2008

Acknowledgements

ECAT gratefully acknowledges the substantive advice and input from our member companies in the preparation of the ECAT 2008 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 Bess Gulliver, ECAT’s Government Affairs Associate, for her valuable contributions in the research and preparation of important parts of ECAT’s 2008 Agenda.

SUMMARY OF CONTENTS

INTRODUCTION

PART I: OVERVIEW

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

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

PART II: INTERNATIONAL TRADE AND INVESTMENT NEGOTIATIONS

Section 1: World Trade Organization

Section 2: Major Free Trade Agreement Negotiations

Section 3: Renewal of Trade-Negotiating Authority

Section 4: Russia’s WTO Accession and Permanent Normal Trade Relations

PART III: TRADE AND INVESTMENT POLICY ISSUES

Section 1: Investment

Section 2: Trade Legislation

Section 3: Government Procurement

Section 4: Intellectual Property Rights

Section 5: Transparency

Section 6: Sanctions Reform

Section 7: Export Promotion and Financing and Development Assistance

Section 8: Export Controls

Section 9: Taxation of Foreign Source Income

Section 10: Addressing Concerns about Trade and Investment Liberalization

PART IV: COUNTRY- AND REGION-SPECIFIC ISSUES

Section 1: China

Section 2: European Union

Section 3: Western Hemisphere

Section 4: Asia and Asia Pacific

Section 5: Middle East and Sub-Saharan Africa

TABLE OF CONTENTS

INTRODUCTION

PART I: OVERVIEW

PART II: INTERNATIONAL TRADE AND INVESTMENT NEGOTIATIONS

    Section 1: World Trade Organization

    Doha Development Agenda Negotiations

      Background
      Doha Development Agenda
      2004 Framework Agreement
      Sixth WTO Ministerial Conference in Hong Kong
      2006-2008 Developments
      ECAT Priorities
        Market Access
        Trade Facilitation
        WTO Rules – Antidumping and Countervailing Duty Rules
        Market Access for Least-Developed Countries
        Dispute Settlement
        Government Procurement
      Importance of the WTO Negotiations
    WTO Institutional Framework
      Implementation of WTO Agreements
    WTO Accessions

    Status of WTO Committees

      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

    How Trade Agreements Promote U.S. Interests

    Congressional-Administration Trade Deal

    Trade Agreements for Consideration in 2008

      U.S.-Colombia Trade Promotion Agreement
        Major Provisions of the U.S.-Colombia Trade Promotion Agreement
        Opportunities Created
        Addressing Concerns about Colombia
      U.S.-Panama Trade Promotion Agreement
        Major Provisions of the U.S.-Panama Trade Promotion Agreement
        Opportunities Created
      Korea-U.S. Free Trade Agreement
        Major Provisions of the Korea-U.S. Free Trade Agreement
        Opportunities Created
    Implementation of Completed Free Trade Agreements
      U.S.-Peru Trade Promotion Agreement
        Major Provisions of the U.S.-Peru Trade Promotion Agreement
        Opportunities Created
      U.S.-Central America-Dominican Republic Free Trade Agreement
        Major Provisions of CAFTA-DR
        Opportunities Created
      U.S.-Oman Free Trade Agreement
        Major Provisions of the U.S.-Oman Free Trade Agreement
        Opportunities Created
    Ongoing Free Trade Agreement Negotiations
      U.S.-Malaysia FTA Negotiations
      P-4 Negotiations
    Other Free Trade Agreement Negotiations
      U.S-Southern African Customs Union FTA Negotiations
      U.S.-Thailand FTA Negotiations
      U.S.-United Arab Emirates FTA Negotiations
      Free Trade Area of the Americas Negotiations
        Background on the Negotiations
        Status of the Negotiations and Outlook for 2008
        Importance of the FTAA Negotiations
    Consideration of Future FTAs

    Section 3: Renewal of Trade-Negotiating Authority

    History of Trade-Negotiating-Authority Procedures

    Trade-Negotiating-Authority Framework

      Major Provisions of 2002 Trade Promotion Authority
      TPA Timeline
    Usage of Trade-Negotiating Authority

    Importance of Renewing Trade-Negotiating Authority as Soon as Possible

    Section 4: Russia’s WTO Accession and Permanent Normal Trade Relations

    Russia’s Proposed WTO Accession

    Permanent Normal Trade Relations with Russia

PART III: TRADE AND INVESTMENT POLICY ISSUES

    Section 1: 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
      The Original CFIUS Framework
      Foreign Investment and National Security Act of 2007
      Next Steps
    Promoting and Protecting U.S. Investment Abroad
      Importance of Strong Investment Protections
      Expansion of Bilateral Investment Treaty Program to Major Economies
      Trade Promotion Authority Objectives on Investment and 2007 Congressional-Administration Trade Deal
      Investment Protections in Recent Free Trade Agreements, the Model Bilateral Investment Treaty and the Uruguay and Rwanda BITs
      Operation of Bilateral Investment Treaties, NAFTA Chapter 11 and Trade Agreements
    OECD Policy Framework for Investment

    OECD Guidelines for Multinational Enterprises

    Sovereign Wealth Funds

    Section 2: Trade Legislation

    Trade Preference Legislation and Proposals

    Trade-Remedy Law Legislation and Issues

      WTO Rules Negotiations
      Congressional Trade-Remedy Proposals
      WTO Dispute Settlement Cases Involving U.S. Trade-Remedy Laws
    Legislative Proposals on the Enforcement of Trade Agreements

    U.S. Customs and Border-Protection Issues

      Transfer of Customs Functions to Department of Homeland Security
      Trade-Related Security Initiatives
        Cargo Screening
        Customs-Trade Partnership Against Terrorism and the Container Security Initiative
      Automation Modernization
      Customs Modernization
      Recent Customs and Border-Protection Proposals
        Proposed Advance Importer/Carrier Security Filing Requirements (10+2 Rule)
        Proposed Elimination of First-Sale Rule

    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

    Importance of Strong Intellectual-Property Protections Globally

      Strong Intellectual-Property Protections Are Vital to U.S. Economic Growth and Innovation
      Intellectual-Property Protection Is Also Important for Developing Countries
      Strong Intellectual-Property Protections and Enforcement Globally Are Critical for America’s Competitive Advantage
    Intellectual Property Protections in Free Trade Agreements
      Model FTA Intellectual-Property Protections
      2007 Congressional-Administration Trade Deal and Pending Trade Agreements
    WTO Agreement on Trade-Related Aspects of Intellectual Property Rights
      WTO Dispute Settlement
      Compulsory Licensing
    Anti-Counterfeiting Trade Agreement

    Heiligendamm Process

    STOP! Initiative

    Special 301

    Online and Optical-Media Piracy

    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. Trade Agreements

    APEC Transparency and Anti-Corruption Activities

    Other 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

    Section 7: Export Promotion and Financing and Development Assistance

    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

    Dual-Use Export Control Policy

    Deemed-Export Rules

    Computer and Software Export Restrictions

    Encryption

    Microprocessor Controls

    Export Administration Act Reauthorization

    2008 Export Control Defense Directive

    Wassenaar Arrangement

    Section 9: Taxation of Foreign Source Income

    Background on Key International Tax Rules

    Critical Choices Ahead

    H.R. 3970, The Tax Reduction and Reform Act of 2007

    The 2008 Agenda

    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
      Renewal and Reform of TAA
      Private Sector Retraining Efforts

    Temporary-Entry Issues

    Labor and Environment Issues

      2007 Congressional-Administration Trade Deal
      Other Trade-Related Labor Activities
      Other Trade-Related Environmental Activities
      Climate Change

    Food Trade Issues

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

    Product Safety

    Health Policy and Intellectual Property Rights Protection

PART IV: COUNTRY- AND REGION-SPECIFIC TRADE ISSUES

    Section 1: China

    U.S.-China Economic Relationship

    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 (IPR) Protection and Enforcement
      Government Procurement
      Industrial Policy
      Financial Services Liberalization
      Other Non-Tariff Barriers on Agriculture, Manufactured Goods and Services
      Food, Feed and Product Safety
      Transparency
      Discriminatory Consumption and Value-added Taxation Policies

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

      Strategic Economic Dialogue

    China-Related Trade Legislation

      U.S.-China Competitiveness Agenda Legislation
      Currency Proposals
      Application of Countervailing Duty Law to China
      Modifications to Section 421 Safeguard Provisions
      Internet Restrictions

    Section 2: European Union

    EU Integration Efforts

      European Monetary Union and the Euro
      Other Preferential Trade Arrangements

    U.S.-EU Trade and Economic Relations

      Transatlantic Economic Council and Other Cooperative Activities
      Regulatory Cooperation
      Agricultural Issues
      Aircraft Issues
      Financial Services – Solvency II
      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
      Final NAFTA Implementation – Sugar
      NAFTA Dispute Settlement – Chapter 20
      NAFTA Dispute Settlement – Chapter 19
      NAFTA 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

      U.S.-Andean Trade and Investment
      Background on Andean Trade Preferences

    MERCOSUR and Brazil

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

    Section 4: Asia and Asia Pacific

    Asia Pacific

      Asia Pacific Economic Cooperation Forum

        Background on APEC
        Recent APEC Initiatives

      Australia

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

    Asia

      Association of Southeast Asian Nations

      Japan

      Singapore

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

      India

      Indonesia

      Vietnam

    Section 5: Middle East and Sub-Saharan Africa

    Middle East

      Saudi Arabia

      Bahrain

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

      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
      Africa Investment Incentive Act of 2006
      Implementation and Impact of AGOA


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