Office of the United States Trade Representative

Last updated

Office of the United States Trade Representative
US-TradeRepresentative-Seal.svg
Seal of the Office of the U.S. Trade Representative
Flag of the United States Trade Representative.svg
Flag of the Office of the U.S. Trade Representative
Agency overview
Formed1962
Preceding agency
  • Office of the Special Trade Representative
Headquarters Winder Building 600 17th St. NW Washington, D.C.
Employees200
Annual budget$73 million (FY 2021)
Agency executive
Parent agency Executive Office of the President of the United States
Website ustr.gov OOjs UI icon edit-ltr-progressive.svg

The Office of the United States Trade Representative (USTR) is an agency of the United States federal government responsible for developing and promoting United States foreign trade policies. [1] Part of the Executive Office of the President, it is headed by the U.S. Trade Representative, a Cabinet-level position that serves as the United States president's primary advisor, negotiator, and spokesperson on trade matters. USTR has more than two hundred employees, with offices in Geneva, Switzerland, and Brussels, Belgium.

Contents

USTR was established as the Office of the Special Trade Representative (STR) by the Trade Expansion Act of 1962, leads trade negotiations at bilateral and multilateral levels, and coordinates trade policy with other government agencies through the Trade Policy Committee [2] (TPC), Trade Policy Committee Review Group [3] (TPCRG), and Trade Policy Staff Committee [4] (TPSC). Its areas of expertise include foreign direct investment, commodity agreements, trade-related intellectual property protection, and trade disputes before the World Trade Organization. Based in Washington, D.C., Katherine Tai is the current United States Trade Representative.

Organization

Leadership

The head of the office holds the title of United States Trade Representative (USTR), which is a Cabinet-level position, though not technically within the Cabinet, as is the case with office heads not of US departments but rather of offices contained within the Executive Office of the President. To fill the post, the president nominates someone for the position, and the appointment is then approved or rejected by a simple majority of the Senate. The United States trade representative and deputy United States trade representatives (DUSTR) carry the title of ambassador.

In the Obama administration, Michael Froman served as the US trade representative from 2013 to 2017, with Michael Punke and Robert Holleyman serving as deputy US trade representatives. [5] Ambassador Punke also concurrently served as the U.S. ambassador to the World Trade Organization (WTO). Robert Lighthizer served during the Trump's first presidency. Katherine Tai, the current U.S. trade representative, was nominated by Joe Biden and confirmed by the Senate on March 17, 2021, by a vote of 98–0.

Office of WTO and Multilateral Affairs

The USTR participates in the World Trade Organization, which is currently in the Doha Development Round. This is partially managed by the USTR Office of WTO and Multilateral Affairs (WAMA). Relevant WTO agreements include the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Generalized System of Preferences.

History of the United States Trade Representative

Trade negotiations became more complicated in the twentieth century with the rise of multilateral organizations and technological advances allowing for more commerce. As a result, the organization of the U.S. government (with Congress in charge of regulating foreign commerce and the executive branch in charge of treaties) became less efficient and in 1962 Congress passed a bill calling for the president to appoint a Special Representative for Trade Negotiations who would make suggestions to the president on the matters of trade. [6] In the 1970s, Congress expanded this position, making it more accountable to Congress (the position has been called "a creature of congress" [7] ), and made it cabinet-level. Finally, in 1980 the position was renamed the United States Trade Representative. [6]

The Omnibus Trade and Competitiveness Act of 1988 elevated the position's role to "coordinate trade policy, serve as the President's principal trade advisor and trade 'spokesperson', and lead U.S. international trade negotiations". [7] It also "required the USTR to report to both the President and Congress". [7]

Issue areas

Reports

National Trade Estimate

The National Trade Estimate Report on Foreign Trade Barriers (National Trade Estimate or NTE) is an annual series prepared by the USTR, which reports significant foreign barriers to U.S. exports. Since 1986, the NTE has provided, where feasible, quantitative estimates of the impact of these foreign practices on the value of U.S. exports. Information is also included on actions taken to eliminate barriers. [9] It is based on information provided by USTR, the U.S. departments of commerce and agriculture, and other agencies and sources. [9]

The Special 301 Report

.mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{}
Priority Foreign Country
Priority Watch List
Watch List
Section 306 Monitoring
Out-of-Cycle Review/Status Pending Annual Special 301 Report countries.png
  Priority Foreign Country
  Priority Watch List
  Watch List
  Section 306 Monitoring
  Out-of-Cycle Review/Status Pending

The Special 301 Report is prepared annually by the USTR under Section 182 as amended of the Trade Act of 1974. The act states that the USTR must on an annual basis, by April of each year:

identify those foreign countries that deny adequate and effective protection of intellectual property rights, or deny fair and equitable markets access to United States persons that rely upon intellectual property protection, and those foreign countries identified under" this "paragraph that are determined by the Trade Representative to be priority foreign countries". The Act defines "priority foreign countries" as "those foreign countries that have the most onerous or egregious acts, policies, or practices that deny adequate and effective intellectual property rights, or deny fair and equitable market access to United States persons that rely upon intellectual property protection, whose acts, policies, or practices described in" this "paragraph have the greatest adverse impact (actual or potential) on the relevant United States products, and that are not entering into good faith negotiations, or making significant progress in bilateral or multilateral negotiations to provide adequate and effective protection of intellectual property rights. [10]

The Uruguay Round Agreement Act furthermore states that countries may be identified under Special 301 "taking into account the history of intellectual property laws and practices of the foreign country, including any previous identifications" and "the history of efforts of the United States, and the response of the foreign country, to achieve adequate and effective protection and enforcement of intellectual property rights". It also states that compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights does not include a country from being identified as denying "adequate and effective protection of intellectual property rights". [11]

Notorious markets

In 2006, along with the International Intellectual Property Alliance, the USTR published a list of places where large-scale copyright infringement takes place in the Special 301 Report. Since 2010, the notorious markets report has been published as a separate report. [12]

List of United States trade representatives

  Denotes an Acting U.S. Trade Representative
  Denotes Nominee for U.S. Trade Representative
#PortraitOfficeholderTerm startTerm endDays in officePresident(s)
1 Christian Archibald Herter (politician).jpg Christian Herter December 10, 1962December 30, 19664 years, 20 days John F. Kennedy
Lyndon Johnson
2 Portrait de William M. Roth.jpg William Roth March 24, 1967January 20, 19691 year, 302 days
3 No image.svg Carl Gilbert August 6, 1969September 21, 19712 years, 46 days Richard Nixon
4 No image.svg William Eberle November 12, 1971December 24, 19743 years, 42 days
5 FrederickBailyDent.jpg Frederick Dent March 26, 1975January 20, 19771 year, 300 days Gerald Ford
6 RobertStrauss.jpg Robert Strauss March 30, 1977August 17, 19792 years, 140 days Jimmy Carter
7 ReubinAskew.JPG Reubin Askew October 1, 1979December 31, 19801 year, 91 days
8 Bill brock.jpg Bill Brock January 23, 1981April 29, 19854 years, 96 days Ronald Reagan
9 Clayton Keith Yeutter, 1990-04-24.jpg Clayton Yeutter July 1, 1985January 20, 19893 years, 203 days
10 Carla A. Hills official portrait.jpg Carla Hills February 6, 1989January 20, 19933 years, 349 days George H. W. Bush
11 MichaelKantor.jpg Mickey Kantor January 22, 1993April 12, 19963 years, 81 days Bill Clinton
Charlene Barshefsky official portrait.jpg Charlene Barshefsky
Acting: 1996–1997
April 12, 1996March 18, 1997340 days
12April 12, 1996January 20, 20014 years, 283 days
13 Zoellick, Robert (official portrait 2008).jpg Robert Zoellick February 7, 2001February 22, 20054 years, 15 days George W. Bush
Peter Allgeier (cropped).jpg Peter Allgeier
Acting
February 23, 2005May 16, 2005113 days
14 Rob Portman official photo.jpg Rob Portman May 17, 2005May 29, 20061 year, 12 days
15 Susan Schwab, USTR official photo.jpg Susan Schwab June 8, 2006January 20, 20092 years, 196 days
Peter Allgeier (cropped).jpg Peter Allgeier
Acting
January 21, 2009March 17, 200955 days Barack Obama
16 Ron Kirk official portrait.jpg Ron Kirk March 18, 2009March 15, 20133 years, 362 days
DemetriosMarantis.jpg Demetrios Marantis
Acting
March 15, 2013May 23, 2013100 days
Miriam Sapiro official portrait.jpg Miriam Sapiro
Acting
May 23, 2013June 21, 201328 days
17 Michael Froman official portrait.jpg Michael Froman June 21, 2013January 20, 20173 years, 213 days
No image.svg Maria Pagan
Acting
January 20, 2017March 1, 201740 days Donald Trump
Stephen P. Vaughn.png Stephen Vaughn
Acting
March 2, 2017May 15, 201774 days
18 Robert E. Lighthizer official portrait (cropped).jpg Robert Lighthizer May 15, 2017January 20, 20213 years, 250 days
No image.svg Maria Pagan
Acting
January 20, 2021March 18, 202157 days Joe Biden
19 Katherine Tai, official portrait.jpg Katherine Tai March 18, 2021Incumbent3 years, 235 days

See also

Related Research Articles

<span class="mw-page-title-main">World Trade Organization</span> Intergovernmental trade organization

The World Trade Organization (WTO) is an intergovernmental organization headquartered in Geneva, Switzerland that regulates and facilitates international trade. Governments use the organization to establish, revise, and enforce the rules that govern international trade in cooperation with the United Nations System. The WTO is the world's largest international economic organization, with 166 members representing over 98% of global trade and global GDP.

The status of permanent normal trade relations (PNTR) is a legal designation in the United States for free trade with a foreign nation. The designation was changed from most favored nation (MFN) to normal trade relations by Section 5003 of the Internal Revenue Service Restructuring and Reform Act of 1998. Permanent was added to normal trade relations some time later.

<span class="mw-page-title-main">Ron Kirk</span> American politician (born 1954)

Ronald Kirk is an American lawyer and politician who served as the United States Trade Representative from 2009 to 2013, as the 97th Secretary of State of Texas, and as the 56th Mayor of Dallas from 1995 to 2002. He is a member of the Democratic Party.

The Uruguay Round was the 8th round of multilateral trade negotiations (MTN) conducted within the framework of the General Agreement on Tariffs and Trade (GATT), spanning from 1986 to 1993 and embracing 123 countries as "contracting parties". The Round led to the creation of the World Trade Organization, with GATT remaining as an integral part of the WTO agreements. The broad mandate of the Round had been to extend GATT trade rules to areas previously exempted as too difficult to liberalize and increasingly important new areas previously not included. The Round came into effect in 1995 with deadlines ending in 2000 under the administrative direction of the newly created World Trade Organization (WTO).

The Caribbean Basin Trade Partnership Act (CBTPA) is a law adopted by the U.S. Government in October 2000 to delineate enhanced trade preferences and eligibility requirements for the 24 beneficiary countries of the Caribbean Basin region.

The Australia – United States Free Trade Agreement (AUSFTA) is a preferential trade agreement between Australia and the United States modelled on the North American Free Trade Agreement (NAFTA). The AUSFTA was signed on 18 May 2004 and came into effect on 1 January 2005.

The International Intellectual Property Alliance (IIPA) is a coalition of seven trade associations representing American companies that produce copyright-protected material, including computer software, films, television programs, music, books, and journals. Formed in 1984, it seeks to strengthen international copyright protection and enforcement by working with the U.S. government, foreign governments, and private-sector representatives.

<span class="mw-page-title-main">Robert Holleyman</span> American lawyer

Robert Walker Holleyman II served as the United States Deputy Trade Representative, with the rank of ambassador, in the Office of the United States Trade Representative in September, 2014 to January 2017. Previously he was the President & CEO of the Business Software Alliance (BSA), the trade consortium which represents the interests of major software houses globally.

<span class="mw-page-title-main">Trans-Pacific Partnership</span> 2016 proposed trade agreement

The Trans-Pacific Partnership (TPP), or Trans-Pacific Partnership Agreement (TPPA), was a proposed trade agreement between 12 Pacific Rim economies: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, Vietnam, and the United States. In the United States, the proposal was signed on 4 February 2016 but not ratified as a result of significant domestic political opposition. After taking office, the newly elected President Donald Trump formally withdrew the United States from TPP in January 2017, therefore ensuring the TPP could not be ratified as required and did not enter into force. The remaining countries negotiated a new trade agreement called Comprehensive and Progressive Agreement for Trans-Pacific Partnership, which incorporated most of the provisions of the TPP and which entered into force on 30 December 2018.

Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines, defines a trademark as “any visible sign capable of distinguishing goods”. Early jurisprudence has taken it to mean “a sign, device or mark by which the articles produced or dealt in by a particular person or organization are distinguished or distinguishable from those produced or dealt in by others, and must be affixed to goods or articles”.

<span class="mw-page-title-main">Trade Act of 1974</span> United States trade law

The Trade Act of 1974 was passed to give the President more power in matters of trade agreements and tariffs.

Section 301 of the U.S. Trade Act of 1974 authorizes the President to take all appropriate action, including tariff-based and non-tariff-based retaliation, to obtain the removal of any act, policy, or practice of a foreign government that violates an international trade agreement or is unjustified, unreasonable, or discriminatory, and that burdens or restricts U.S. commerce. Section 301 cases can be self-initiated by the United States Trade Representative (USTR) or as the result of a petition filed by a firm or industry group. If USTR initiates a Section 301 investigation, it must seek to negotiate a settlement with the foreign country in the form of compensation or elimination of the trade barrier. For cases involving trade agreements, the USTR is required to request formal dispute proceedings as provided by the trade agreements. The law does not require that the U.S. government wait until it receives authorization from the World Trade Organization (WTO) to take enforcement actions, and the President is increasingly focused on enforcing intellectual property (IP) rights under the "Special" 301 amendments but the U.S. has committed itself to pursuing the resolution of disputes under WTO agreements through the WTO dispute settlement mechanism, which has its own timetable.

<span class="mw-page-title-main">TRIPS Agreement</span> International treaty on intellectual property protections

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It establishes minimum standards for the regulation by national governments of different forms of intellectual property (IP) as applied to nationals of other WTO member nations. TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO.

Non-violation nullification of benefits (NVNB) claims are a species of dispute settlement in the World Trade Organization arising under World Trade Organization multilateral and bilateral trade agreements. NVNB claims are controversial in that they are widely perceived to promote the social vices of unpredictability and uncertainty in international trade law. Other commentators have described NVNB claims as potentially inserting corporate competition policy into the World Trade Organization Dispute Settlement Understanding (DSU).

<span class="mw-page-title-main">Special 301 Report</span> Annual US report on trade barriers

The Special 301 Report is prepared annually by the Office of the United States Trade Representative (USTR) that identifies trade barriers to United States companies and products due to the intellectual property laws, such as copyright, patents and trademarks, in other countries. By April 30 of each year, the USTR must identify countries which do not provide "adequate and effective" protection of intellectual property rights or "fair and equitable market access to United States persons that rely upon intellectual property rights".

U.S. - Vietnam Trade Relations refer to the bilateral trade relationship between the United States of America (U.S.) and the Socialist Republic of Vietnam (Vietnam) from 1990s to 2012. After more than two decades of no economic relationship since the end of the Vietnam War, the two governments reestablished economic relationship during the 1990s. The bilateral trade between the U.S. and Vietnam grew slowly afterwards, and it has developed rapidly after the signing of the U.S.-Vietnam Bilateral Trade Agreement in December 2001. Total bilateral trade turnover has increased 1200% from $1.5 billion in 2001 to over $20 billion in 2011. The bilateral trade relations further developed after the U.S. granted Vietnam permanent normal trade relations (PNTR) status as part of Vietnam’s accession to the World Trade Organization (WTO) in 2007. The U.S. and Vietnam also came to a Trade and Investment Framework Agreement (TIFA) in 2007. Vietnam was recently the United States' 26th largest goods imports partner with $17.5 billion in 2011, and was the 45th largest goods export market with $3.7 billion in 2010. Vietnam with six other partners are now in the ongoing Trans-Pacific Partnership (TPP) negotiations with the U.S. The growth in bilateral trade has also been accompanied by issues and problems, e.g. anti-dumping cases, worker’s rights, non-market economy, Intellectual Property Rights (IPR) protection and Vietnam’s exchange rate policy.

China became a member of the World Trade Organization (WTO) on 11 December 2001, after the agreement of the Ministerial Conference. The admission was preceded by a lengthy process of negotiations and required significant changes to the Chinese economy. Its membership has been contentious, with substantial economic and political effects on other countries and controversies over the mismatch between the WTO framework and China's economic model. Assessing and enforcing compliance has become issues in China-US trade relations, including how China's noncompliance creates benefits for its own economy.

The negotiations for the Trans-Pacific Partnership Agreement were held between 12 countries between 2008 and 2015. The negotiations were aimed at obtaining an agreement between the Trans-Pacific Strategic Economic Partnership Agreement parties Brunei, Chile, Singapore and New Zealand, as well as the Australia and the United States.

<span class="mw-page-title-main">Michael Punke</span> American jurist and lawyer

Michael W. Punke is an American author, attorney, academic, and policy analyst. He is a former Deputy United States Trade Representative and U.S. Ambassador to the World Trade Organization in Geneva, Switzerland. In 2017, he became vice president for public policy at Amazon Web Services.

<span class="mw-page-title-main">Robert Lighthizer</span> American attorney and government official (born 1947)

Robert Emmet Lighthizer is an American attorney and government official who was the U.S. Trade Representative in the Trump administration from 2017 to 2021.

References

  1. "Mission of the USTR | United States Trade Representative". ustr.gov. Retrieved March 12, 2021.
  2. "15 CFR § 2002.0 - Trade Policy Committee" . Retrieved January 19, 2022.
  3. "15 CFR § 2002.1 - Trade Policy Committee Review Group" . Retrieved January 19, 2022.
  4. "15 CFR § 2002.2 - Trade Policy Staff Committee" . Retrieved January 19, 2022.
  5. Obama taps Penny Pritzker, Mike Froman for top economic jobs . CBS News (2013-05-02). Retrieved on 2013-08-12.
  6. 1 2 Claussen, Kathleen (2017). "Trading Spaces: The Changing Role of the Executive in U.S. Trade Lawmaking". Indiana Journal of Global Legal Studies. 24 (2): 345–368. doi:10.2979/indjglolegstu.24.2.0345. ISSN   1080-0727. JSTOR   10.2979/indjglolegstu.24.2.0345. S2CID   158184598.
  7. 1 2 3 U.S. Trade Policy Functions: Who Does What? (2020). Congressional Research Service. Retrieved from https://fas.org/sgp/crs/misc/IF11016.pdf on 2021-01-14.
  8. "Issue Areas | United States Trade Representative". ustr.gov. Retrieved November 14, 2018.
  9. 1 2 Office of the United States Trade Representative. "Reports and Publications". Archived from the original on November 11, 2013. Retrieved November 25, 2013.
  10. Masterson, John T. (2004). International trademarks and copyright: enforcement and management. American Bar Association. ISBN   978-1-59031-359-6.
  11. Masterson, John T. (2004). International trademarks and copyright: enforcement and management. American Bar Association. pp. 18–19. ISBN   978-1-59031-359-6.
  12. "USTR Releases 2021 Review of Notorious Markets for Counterfeiting and Piracy". United States Trade Representative. Retrieved August 27, 2022.