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Marideth J. Sandler, CEO Sandler Trade LLC 202-350-4303

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Presentation on theme: "Marideth J. Sandler, CEO Sandler Trade LLC 202-350-4303"— Presentation transcript:

1 Marideth J. Sandler, CEO Sandler Trade LLC

2 Our goal is to make international trade really happen We provide embassies, companies, and others strategic advisory services to expand export penetration and to safeguard preference opportunities and trade policies We expand emerging economies trade, including through focused market linkages, data analysis, trade show maximization, and use of FTAs and preference programs We know import and other regulations (CBP, FDA, CSPC…) We are strong advocates in the Exec branch and on the Hill We are USTR grads and comprise an multinational team that speaks 10 languages 2

3 Alphabet soup: acronyms govern trade How the Executive Branch formulates and executes international trade policy Statutory foundation for responsibilities Trade-related agencies: what do they do? Free Trade Agreement negotiations, including Private sector and Congressional roles Upcoming legislative agenda Resources and links to know 3

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5 POTUS NSC/NEC USTR DOL DOS USDA DOC DHS/CBP USITC TPRG/TPSC ACTPN APAC/ITAC IFAC LAC FTA TPA TAA MTB BIT GSP AGOA CBI NEI APEC TPP TTIP TISA TF TIFA IPR Special 301 WL/PWL AD/CVD FTZ/EPZ HTSUS FRN 5

6 6 Executive Office of the President: NSC, USTR, OMB, NEC, etc. Executive Branch Executive Office of the President: NSC, USTR, OMB, NEC, etc. President:Barack Obama Vice:Joseph Biden Term:4 Years Limit:2 years Elected by: Electoral College Members: 15 (heads of depart.) Nominated by: President

7 In 1934, U.S. Congress delegated to the President (POTUS) authority to negotiate trade agreements, leading to creation of the GATT, WTO, IMF and FTAs. Trade Act of 1974 created time-limited fast track FTA negotiation and approval authority, re-named trade promotion authority (TPA) in 2002; last expired 7/2007. President delegated to the Office of the U.S. Trade Representative (USTR) development, coordination and negotiation of U.S. international trade, commodity, and direct investment policies and agreement negotiations, oversight and enforcement. National Security Council (NSC), and National Economic Council (NEC) established in 1993, help POTUS oversee trade policy. 7

8 The USTR is an Ambassador and Cabinet member who serves as Presidents principal trade advisor, negotiator, spokesperson and representative to WTO. USTR is in the Executive Office of the President. Through an interagency structure (TPRG & TPSC), USTR coordinates trade policy within the Administration and, through consultations with Congress and private sector advisory committees, frames issues for Presidential decision. Consultation with 28 appointed industry and special interest advisory groups: ACTPN, APAC, 16 ITACs, LAC, TEPAC, ATAC, TACA, IGPAC Federal Register Notices (FRNs): regulations.govregulations.gov 8

9 Mission: make U.S. businesses more innovative at home and more competitive abroad Multiple bureaus and functions: weather, patents, exports, standards, fish management, data, census, etc. Key trade functions: – antidumping and countervailing duty investigations – sectoral and functional expertise – expert support for USTR trade negotiations – trade compliance monitoring – management of industry trade advisory committees – export promotion and advocacy 9

10 Department of State (DOS) Department of Agriculture (USDA) Department of Treasury (Treas) Department of Labor (DOL) Ex-Officio: U.S. International Trade Commission (USITC or ITC): an independent agency – Administers U.S. trade laws within its mandate – Website with U.S. export and import data/Maintains U.S. Harmonized Tariff Schedules (HTSUS) – Does independent trade studies pertinent to FTAs, regulatory decisions, tariffs, U.S. competitiveness 10

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12 Reciprocal Free Trade Agreements (FTAs): w/20 countries Trade and Investment Framework Agreements (TIFAs): 48 TIFAs (and many other agreements) Unilateral Preferences: Generalized System of Preferences (GSP), African Growth & Opportunity Act (AGOA), Caribbean Basin Initiative (CBI) Bilateral Investment Treaties (BIT): with 40 countries 12

13 WTO consultations and dispute settlement FTA consultations and dispute settlement Special 301 (Intellectual Property Rights (IPR) Review): Notorious Markets; Priority Watch List (PWL) 13 countries; Watch List (WL) 26 countries Mandatory GSP Criteria: Worker Rights, IPR, Investor Protections 13

14 Country requests FTA; need support of industries and labor Interagency consensus to launch negotiations (assess impacts of a comprehensive FTA, likelihood of success, etc.) President notifies Congress of intent to negotiate (90 days) During wait, USITC report; Hill and ITAC consultations begin ( : 1,605 consultations with Hill); public comments Negotiations occur in rounds between the parties Prior preparation and internal approval by the Administration of proposed text – shared with Congress and advisory committees – bracketed text changes after each round Negotiations conclude – toughest issues resolved at the end; may include side letters 14

15 President notifies Congress of intent to sign (90 days) Environmental reviews, advisory committee reports, USITC FTA economic impact report Once FTA negotiations end: attorneys do legal scrub of text, followed by Presidential announcement and signing During course of FTA negotiation and especially after signing, Embassies, private sector associations, NGOs lobby Congress Getting FTAs through Congress: little to do with agreement substance and everything to do with U.S. politics Fast track or TPA: up/down vote approval authority essential Fast track approval procedures (must occur within 90 days) 15

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18 The Big Four: Senate Finance Committee (Chair: Sen. Baucus (D-MT); Minority: Ranking Member: Sen. Hatch (R-UT) – Subcommittee on International Trade, Customs and Global Competitiveness (Sen. Wyden (D-OR); Sen. Isakson (R-GA)) House Ways and Means Committee (Chair: Rep. Camp (R-MI); Ranking: Rep. Levin (D-MI)) – Subcommittee on Trade (Rep. Nunes (R-CA); Rangel(D- NY)) Senate Leadership: Majority Leader Sen. Reid (D-NV), Minority Leader, Sen. McConnell (R-KY) House Leadership: Speaker Boehner (R-OH); Majority Leader Cantor (R-VA); Minority Leader Pelosi (D-CA) 18

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20 Fall 2013 Legislative Agenda -- Syria -- Debt Ceiling -- Sequestration -- Budget -- Tax Reform -- New Federal Reserve Chair -- Tax Extenders 20

21 U.S. Government focuses on getting things done rather than building relationships; you may be different Sequestration may mean that staff are in the office less Ask questions, even if you know the answer; you will find out more than just the answer you need Meet your deadlines Keep current: e-newsletters (agencies and companies), Facebook, LinkedIn, Twitter, blogs Know which agency really is in charge or makes the decision (despite what others may claim) What you see is not always what it is, so…. Keep asking questions and solicit opinions 21

22 Glossary of Acronyms: us/trade-toolbox/glossary-trade-terms us/trade-toolbox/glossary-trade-terms U.S. Trade Representative (has e-newsletter) – releases/2012/september/ustr-press-office-week-ahead- september releases/2012/september/ustr-press-office-week-ahead- september Department of Commerce: U.S. International Trade Commission: Congressional Research Service: https://opencrs.com (also: J.F. Hornbeck paper on Congress & Trade, April 2011) https://opencrs.com Guide to U.S. Government: Other: sandlertrade.com, wita.org, globalcommunicators.com sandlertrade.comwita.orgglobalcommunicators.com 22

23 Trade policy – ustr.gov; trade.gov Import regulations – cbp.gov Import data: Tariff schedules, trade studies - USITC.gov; census.gov; Legislation -- thomas.loc.gov; Submitting comments -- regs.gov Federal notices -- federalregister.gov Cant attend a hearing but want to listen - hearings are webcast – go to Committee websites 23

24 Thank you! 24


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