NFTC President Outlines U.S. Business Community’s Principles for Comprehensive Export Control Reform

Says Prospects for Reforming the Outdated System are Realistic

Washington, DC — Today in a speech delivered before the Practising Law Institute’s annual “Coping with U.S. Export Controls” conference, National Foreign Trade Council (NFTC) President Bill Reinsch outlined the business community’s principles for reforming the U.S. export control system to enhance national security and economic competitiveness. Reinsch, a former Under Secretary of Commerce for Export Administration in the Clinton Administration, also discussed current efforts by the Administration and Congress to reform the outdated system, noting, “for the first time in 20 years, prospects for reform are realistic.”
“That reform is overdue is one of the biggest understatements of our time. The EAA has not been amended since 1987. There has not been major control list revision since 1994. The always-controversial encryption regulations have now gone ten years without major change. Meanwhile, the world has been changing rapidly,” said Reinsch. “First, our adversaries are now diffuse and not always nation-states…Second, the pace of technology change is accelerating, and the line between civilian and military is fast eroding…Third, and perhaps most important, the nature of the global market has changed dramatically. In the good old days, an export was an export. You made it here and shipped it over there in a box. Now we are in the era of global supply chains.”
“From a security point of view, knowledge and technology matter more than the box, because it is the key not only to our national security but also to our economic competitiveness. It should be clear from all these developments that controlling exports is harder than it ever was, and the burden on our policy makers and enforcement officials much greater. In fact, it forces them to radically rethink our policy,” he continued.

After making the case for reform, Reinsch outlined the business community’s key principles for reform, developed by the Coalition for Security and Competitiveness (CSC), a group of companies and associations representing aerospace and high tech companies, and the Export Control Working Group, composed of many of the same companies, practitioners and seasoned compliance experts. The principles recommend that any reform effort should draw clear lines of agency responsibility and ensure accountability; pursue controls and enforcement in partnership with the business community rather than as adversaries; keep pace with technology change and the development of global supply chains by revising and reducing control lists; enhance cooperation with our allies and rely on multilateral controls; and complete the transition to an end user based system by developing procedures for trusted end users and exporters.

In addition, Reinsch pointed out that the “higher fences around a smaller number of items” concept should play a key role in the development of the reforms, and that the reform “process needs to be based on a constantly updated understanding of technology changes here in the United States and overseas.” While not advocating radical reorganization of the interagency process, Reinsch stated that the “process for making commodity jurisdiction decisions must be regularized,” and that “in order to improve allied cooperation, we need to take the multilateral regimes seriously.” He also endorsed the prompt implementation of a number of thoughtful proposals made over the past year or two – the intracompany transfer, expansion of the Validated End User program, project licenses for munitions exports, Secretary Locke’s proposal to eliminate licensing requirements for NATO and other allies, and proposals for expedited treatment for trusted end users.

Reinsch concluded by stating that “taken together [the principles for reform] will realign the export control system with 21st century realities, better protect our security and at the same time enhance America’s ability to compete globally. We look forward to working with the Administration and the Congress to those ends.”
 

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About the NFTC

The National Foreign Trade Council (www.nftc.org) is a leading business organization advocating an open, rules-based global trading system. Founded in 1914 by a broad-based group of American companies, the NFTC now serves hundreds of member companies through its offices in Washington and New York.

NFTC Statement on WTO Ministerial Conference

Washington, DC – NFTC Vice President for Global Trade Issues Jake Colvin released the following reaction to the WTO Ministerial Conference in Geneva:
“There is something to be said for the opportunities for stock-taking and institutional care-taking that this sort of meeting provides. The Geneva ministerial is a good reminder of the importance of the WTO in promoting rules-based global trade and is a reminder that the institution does more than negotiate trade rounds. We are particularly pleased with the ministers’ attention to emerging issues involving climate change and international trade rules.

“At the same time, the Doha Round was clearly high on the agenda. We applaud Ambassador Kirk’s commitment to move into the ‘endgame’ for the Round. NFTC strongly supports the Administration’s efforts to obtain a high-quality agreement that will lead to new market access, particularly in major emerging markets. We hope that negotiators will pursue all channels, including bilateral discussions, to reach an agreement.

“The United States appears ready to negotiate seriously. It’s about time for everyone to start showing their cards.”

 
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About the NFTC

Advancing Global Commerce for Over 95 Years – The National Foreign Trade Council is a leading business organization advocating an open, rules-based global trading system. Founded in 1914 by a broad-based group of American companies, the NFTC now serves hundreds of member companies through its offices in Washington and New York.

On Third Anniversary of Colombia FTA Signing, NFTC Urges Administration to Move Forward with Trade Pact

Washington, DC – The National Foreign Trade Council (NFTC) today joined other leading business groups in commemorating the third anniversary of the signing of the U.S.-Colombia Free Trade Agreement (FTA) by calling on the Administration to swiftly work through remaining issues with the Colombian Government and submit the legislation to Congress for approval.

“Colombia has long been an important ally to the United States, and continuing to let this well-crafted agreement languish is no way to treat a friend,” said NFTC President Bill Reinsch. “Just this year, Colombia has seen its trade balance disrupted because its second largest trading partner, Venezuela, has gone to great lengths to sever its two-way economic ties. Both Colombia and the United States need the FTA to increase exports, generate jobs and boost economic growth.”

“For the past three years, the FTA has largely been the victim of politics and demagoguery. Critics of the agreement frequently cite outdated data points on violence against labor union leaders and members, without acknowledging that Colombia has come a long way in enhancing security for all citizens by restoring the rule of law and strengthening democratic institutions,” said NFTC Vice President for Regional Trade Initiatives Chuck Dittrich.

“It is convenient for some to forget that only a decade ago, Colombia was on the verge of becoming a failed state. The Colombian Government has repeatedly communicated and demonstrated its commitment to addressing concerns of U.S. policymakers, and it’s high time that the agreement be considered on its merits and not viewed through a narrow, politically-charged lens,” said Dittrich.

“It is our hope that the signals President Obama sent during his visit to Asia last week are a positive sign that proactive action on the U.S. trade agenda is just around the corner,” said Reinsch. “We urge the Administration to work diligently and hand-in-hand with the Colombian Government to swiftly resolve remaining issues on the FTA, and submit the implementing legislation to Congress for an up-or-down vote. There is a general sense that if the Administration sent the FTA for a vote, it would be approved. It’s time for good economic policy to prevail.”

In September, the NFTC submitted comments regarding the FTA in response to a request published in the Federal Register by the Office of the U.S. Trade Representative. The NFTC expressed strong support for approval of the agreement and highlighted the remarkable strides Colombia has made to strengthen its democratic institutions, grow a dynamic economy and ensure that all citizens are able to exercise their fundamental rights.

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About the NFTC
Advancing Global Commerce for 95 Years – The National Foreign Trade Council is a leading business organization advocating an open, rules-based global trading system. Founded in 1914 by a broad-based group of American companies, the NFTC now serves hundreds of member companies through its offices in Washington and New York.

NFTC Applauds Bipartisan Group of Senators for Urging USTR to Pursue Environmental Goods and Services Agreement

Washington, DC – The National Foreign Trade Council (NFTC) today applauded a bipartisan group of senators for sending to U.S. Trade Representative Ron Kirk a letter urging him to pursue an environmental goods and services agreement as part of the Doha Round of WTO negotiations or through other forums.

“We commend Senators Crapo, Kerry, Stabenow and Wyden for strongly supporting the swift conclusion of a comprehensive green trade agreement and raising attention to this issue,” said NFTC President Bill Reinsch. “Lowering tariff and non-tariff barriers to green trade is essential to advancing U.S. competitiveness and global environmental goals.”

“Currently U.S. exporters selling green goods and services face disproportionately high tariffs and non-tariff barriers that are even more daunting,” said NFTC Vice President for Global Trade Issues Jake Colvin. “Removing green trade barriers through a comprehensive agreement is important to level the playing field for U.S. manufacturers, increase U.S. exports and generate green collar jobs.”

“A comprehensive Environmental Goods and Services Agreement is an unequivocal ‘win-win’ for the economy and for trade,” said Jeremy Preiss, Vice President, Chief International Trade Counsel for United Technologies Corporation and Chair of the NFTC’s Trade and Climate Working Group. “These senators are to be applauded for recognizing that and championing this important initiative.”

In July, the NFTC joined other leading trade associations in sending a letter to President Obama strongly urging the Administration to lower green trade barriers and pursue a green trade agreement “through all appropriate international economic and environmental forums,” including the United Nations Framework Convention on Climate Change. The associations also suggested the Administration consider the Forum on Asia Pacific Economic Cooperation (APEC) and the Organization for Economic Cooperation and Development (OECD) as forums to help secure interim commitments in advance of a WTO agreement.

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About the NFTC
Advancing Global Commerce for 95 Years – The National Foreign Trade Council is a leading business organization advocating an open, rules-based global trading system. Founded in 1914 by a broad-based group of American companies, the NFTC now serves hundreds of member companies through its offices in Washington and New York.

NFTC, USA*Engage Welcome Hearing on Lifting Cuba Travel Ban

Groups highlight growing momentum to allow U.S. travel to Cuba
Washington, DC – The National Foreign Trade Council (NFTC) and USA*Engage today applauded the House Foreign Affairs Committee for holding a hearing on lifting the U.S. ban on travel to Cuba. NFTC Vice President for Global Trade Issues Jake Colvin released the following statement:

“We applaud Chairman Berman for his leadership on this issue, as well as Congressmen Delahunt, Flake and Rangel and Senators Baucus, Dodd, Dorgan, Enzi and Lugar, among others, for their tireless efforts to restore the rights of U.S. citizens to travel to Cuba.

“Momentum is building to lift the ban. A solid majority of Americans support reversing the ban, and according to a recent poll conducted by Miami firm Bendixen & Associates, nearly 60% of Cuban Americans support open travel to Cuba.

“The travel ban is bad foreign policy, bad for the Cuban people, and it’s bad for business. Allowing Americans to travel to Cuba would give an immediate boost to the U.S. travel industry, generate economic opportunity for Cuban citizens and help to promote understanding and dialogue between the Cuban and American people.”
 

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About USA*Engage

USA*Engage (www.usaengage.org) is a coalition of small and large businesses, agriculture groups and trade associations working to seek alternatives to the proliferation of unilateral U.S. foreign policy sanctions and to promote the benefits of U.S. engagement abroad. Established in 1997 and organized under the National Foreign Trade Council (www.nftc.org), USA*Engage leads a campaign to inform policy-makers, opinion-leaders, and the public about the counterproductive nature of unilateral sanctions, the importance of exports and overseas investment for American competitiveness and jobs, and the role of American companies in promoting human rights and democracy world wide.

About the NFTC

The National Foreign Trade Council (www.nftc.org) is a leading business organization advocating an open, rules-based global trading system. Founded in 1914 by a broad-based group of American companies, the NFTC now serves hundreds of member companies through its offices in Washington and New York.

In Senate Testimony, NFTC Urges Aggressive Green Trade Component to U.S. Climate Agenda

Warns carbon tariffs could “damage the ability of American companies to compete in key markets”

Washington, DC – National Foreign Trade Council (NFTC) Vice President for Global Trade Issues Jake Colvin today urged Congress to more fully incorporate green trade into climate policy, which would boost U.S. economic growth and advance global environmental goals. Noting the challenge of addressing competitiveness issues in cap-and-trade legislation, Colvin also warned policymakers against including well-intentioned, politically popular measures such as carbon tariffs that could undermine U.S. competitiveness abroad and global cooperation.

“The Administration and Congress can promote green jobs at home and advance global environmental objectives by incorporating a more robust green trade component into the international climate agenda. In particular, efforts to expand overseas markets for U.S. climate technologies by reducing trade barriers are critical for creating new green collar jobs in the United States and can aid global climate goals,” Colvin stated in his testimony.

He noted that U.S. exporters selling environmental goods and services face disproportionately high tariffs, as well as non-tariff barriers that present even larger obstacles. “Reducing these impediments would allow U.S. companies to capture a larger share of the more than $600 billion environmental goods and services market, which is growing at twice the rate of all trade,” he said.

Colvin pointed out that green trade “has not received a great deal of attention in international climate negotiations despite the clear environmental benefits,” and highlighted that the NFTC and eight other leading U.S. business organizations sent a letter to the president in July, urging the Administration to lower green trade barriers and pursue a green trade agreement “through all appropriate international economic and environmental forums.”

In contrast, he stated, “Two issues that have received a great deal of attention in international climate discussions are intellectual property rights and financing. Ensuring the global protection of intellectual property rights and addressing funding and capacity needs in developing countries will promote investment environments abroad that are better able to adopt and develop clean technologies.”

With respect to U.S. competitiveness, Colvin cautioned, “As Congress seeks to address competitiveness and carbon leakage concerns from implementing an emissions reduction program, one popular option – the use of border adjustment measures – could damage the ability of American companies to compete in key markets and global environmental cooperation. Given the increasing reliance on exports to grow the U.S. economy and create new jobs, it is essential to avoid introducing measures that could cause unnecessary friction with U.S. trading partners.” He noted that the international reserve allowance program included in the House-passed American Clean Energy and Security Act, which could lead our trading partners to argue that “such a program is as likely to be fueled by a desire to protect domestic industry as by an interest in protecting the environment.”

Colvin concluded by stating, “Aggressive and innovative green trade policies can assist efforts to advance U.S. economic priorities and environmental goals, but attempts to impose new tariffs could harm both,” said Colvin. “Efforts to open markets abroad for U.S. businesses and workers in the clean technology arena will be essential to rebalance the global economy and create the next generation of green manufacturing jobs in the United States.”

For Colvin’s full testimony, please click here. For an archived Webcast of this morning’s proceedings, please visit http://energy.senate.gov/.
 

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About the NFTC

Advancing Global Commerce for 95 Years -The National Foreign Trade Council is a leading business organization advocating an open, rules-based global trading system. Founded in 1914 by a broad-based group of American companies, the NFTC now serves hundreds of member companies through its offices in Washington and New York.

NFTC President Calls on Congress to Modernize Trade Preference Programs

Washington, DC – In testimony today before the House Ways and Means Subcommittee on Trade, National Foreign Trade Council (NFTC) President Bill Reinsch called on Congress to modernize U.S. trade preference programs by moving toward a unified set of preferences, ending short and uncertain renewals and simplifying the rules. Reinsch also recommended that preference programs be reformed to provide permanent, 100 percent duty-free and quota-free benefits for eligible lesser-developed countries (LDCs) and to more completely tie renewal, eligibility and graduation to capacity building.

Reinsch began his testimony by outlining the economic benefits of trade preference programs to U.S. companies and consumers, stating “the tariff relief they provide benefits small and medium size companies as much as it benefits large corporations. This tariff elimination also reduces costs to the U.S. consumer. In the historic economic downturn we are now experiencing, these multiple domestic benefits are significant.”

“Beyond this domestic benefit, we and our members believe in the value of a stable system of trade preferences that offer duty-free access to the U.S. market as a tool to provide broad and deep benefits to some of the world’s poorest countries. This is not only a moral obligation, but also in our national economic and security self interest,” Reinsch stated.

He noted that preferential access to the U.S. market under the Caribbean Basin Economic Recovery Act in the 1980s led to increased foreign direct investment and income growth in Central America. He also pointed out that the eligibility criteria in U.S. preference programs have led to economic and legal reforms in beneficiary countries, including stronger protection of innovation and intellectual property rights.

“We understand that preferential access to the U.S. market is a privilege, not an entitlement, and along with it go responsibilities. Countries who receive these preferences must demonstrate the vision to undertake other efforts to improve their citizens’ livelihood,” said Reinsch.

“Preferences are only one tool to spread economic opportunity globally. We believe that U.S. leadership in finding a way forward to conclude the Doha Round of WTO negotiations is of paramount importance. Clearly articulating and implementing a comprehensive forward looking national trade policy that opens markets for U.S. business, workers, farmers and ranchers, must go hand in hand with the important effort to update and modernize the system of U.S. trade preference programs, and we look forward to working with Congress and this Administration in this effort,” he concluded.

In late April, the NFTC joined a broad coalition of trade associations and non-governmental organizations in sending a letter to the U.S. Trade Representative and the Chairmen and Ranking Members of the Senate Finance and House Ways and Means Committees, outlining a consensus agreement on recommended reforms to the preference programs. The group continues to meet to devise policies that would tangibly improve U.S. trade preferences, including a number of the recommendations Reinsch outlined today.

For Reinsch’s full testimony, please click here.  For an archived Webcast of this morning’s proceedings, please visit http://waysandmeans.house.gov/.  
 

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About the NFTC

Advancing Global Commerce for 95 Years -The National Foreign Trade Council is a leading business organization advocating an open, rules-based global trading system. Founded in 1914 by a broad-based group of American companies, the NFTC now serves hundreds of member companies through its offices in Washington and New York.

NFTC Applauds President Obama for Announcing U.S. Commitment to Join TPP Negotiations

Washington, DC The National Foreign Trade Council (NFTC) today released a statement welcoming President Obamas announcement that the United States will join the Trans-Pacific Strategic Economic Partnership Agreement (TPP) negotiations.

The NFTC applauds the president for his leadership in affirming the United States commitment to expanding economic engagement with the Asia-Pacific region, said NFTC President Bill Reinsch. Broadening economic ties with our trading partners in the region is an essential element of the U.S. trade agenda. Deeper engagement will both help to boost the U.S. economy through increased exports and job creation, and advance trans-Pacific economic integration.

The Asia-Pacific region represents the largest export market worldwide, and the United States is the largest or second largest trading partner for every major Asian economy. Joining the TPP negotiations will strengthen and further solidify the United States important economic and commercial ties with some of the most dynamic economies in the world, said NFTC Vice President for Regional Trade Initiatives Chuck Dittrich. The TPP is an ambitious effort and has the potential to become the gold standard for high-quality plurilateral trade agreements.

In a November 4th letter sent to President Obama, U.S. Trade Representative Ron Kirk and Secretary of Commerce Gary Locke, the NFTC urged the president to use the occasion of his historic visit to Asia to move forward with negotiations to join the TPP.

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About the NFTC
Advancing Global Commerce for over 95 Years – The National Foreign Trade Council is a leading business organization advocating an open, rules-based global trading system. Founded in 1914 by a broad-based group of American companies, the NFTC now serves hundreds of member companies through its offices in Washington and New York.

NFTC President Underscores Need for Multilateral Approach to Climate Change During WEF Panel in New Delhi

Washington, DC – National Foreign Trade Council (NFTC) President Bill Reinsch called on nations to reaffirm the need for a multilateral approach to climate change during a World Economic Forum (WEF) India Summit panel on “Trade and Climate Change: Economic Imperative or Green Imperialism?” in New Delhi this morning. To follow is an excerpt of Reinsch’s remarks:

“There are a lot of challenges here that are surmountable but have to be dealt with one by one by all of us. I think for the Americans and the Europeans in particular, the challenges are first to not only agree to but to implement meaningful emission reduction targets. I think also the challenge is going to be to avoid adding on protectionist measures and trade barriers that are intended to limit imports of carbon-intensive products from countries that perhaps haven’t adopted the targets.

“One way to avoid that of course is if everybody agrees to targets and we have a multilateral approach to the problem. Even in the absence of that though, having those kinds of trade barriers is going to make the achievement of all of our goals a lot more difficult, and one of the things we’re [the NFTC] working very hard on is to try to make sure that that doesn’t become a big impediment as far as the American legislation is concerned.

“In turn, I think the challenges for the developing countries, including India and China, but also many others, are first also to agree to targets that are meaningful and give global confidence that we’re all working together to deal with a global commons problem. And also I think their challenge, where a lot of progress has been made very recently, I think in particular reflected in the statement the Prime Minister made here, is on the intellectual property area.

“I think there is a growing appreciation amongst all parties, particularly in developing countries, that strong intellectual property protection is actually an enhancement to investment, an enhancement to R&D in their countries, and is a way for developing countries to protect green innovation and green technology that are very much going to be the products of India and China and not simply of Europe and the United States. So, I’m optimistic that we’re moving in the right direction on that front although there have been a lot of statements in the past that have suggested that this was going to be a rocky area.”

Reinsch also called on the international community to produce an environmental goods and services trade agreement that will lower tariffs and market-access barriers to green technology.

To view the entire session, please click here or on the image above.

Note: Next Tuesday NFTC Vice President for Global Trade Issues Jake Colvin will testify before the Senate Energy and Natural Resources Committee during a hearing to explore the international aspects of global climate change.

 

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About the NFTC
Advancing Global Commerce for over 95 Years – The National Foreign Trade Council is a leading business organization advocating an open, rules-based global trading system. Founded in 1914 by a broad-based group of American companies, the NFTC now serves hundreds of member companies through its offices in Washington and New York.
 

NFTC Urges President Obama to Pursue TPP Negotiations

Washington, DC – The National Foreign Trade Council (NFTC) today urged President Obama to use the occasion of his historic visit to Asia next week to move forward with negotiations to join the Trans-Pacific Strategic Economic Partnership Agreement (TPP). In a letter sent to the president, U.S. Trade Representative Ron Kirk and Secretary of Commerce Gary Locke, NFTC President Bill Reinsch outlined the economic benefits of advancing the negotiations, including the opportunity to increase U.S. exports, generate jobs for America’s workforce and advance trans-Pacific economic integration.

Reinsch wrote the following:

 

“…The NFTC strongly supports deepening ties and expanding the scope of our economic and strategic relations with trading partners in the Asia-Pacific region, starting with the negotiation of a TPP with Singapore, Chile, New Zealand, Brunei Darussalam, Australia, Peru and Vietnam. The TPP is an ambitious effort to craft a high-standard plurilateral FTA spanning three continents.

“APEC economies are among the most dynamic in the world and the nations who have signed on to negotiate this next broader phase of the TPP are those willing to move forward to further reduce barriers to trade and investment. As a stimulus to recover from the global economic crisis and increase U.S. exports and create high quality American jobs, the TPP negotiation is “shovel ready” to begin and sends a strong message to the world that American workers, farmers, ranchers and business will not sit on the sidelines as the rest of the region moves forward with market opening initiatives to assure their nations’ advantage in global supply chains.”

 

In conclusion, Reinsch warned that the parties to the agreement will move ahead with or without the United States, and implored the president to indicate America’s willingness to forge ahead with the negotiations.

To read a full copy of the letter, please click here.
 

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About the NFTC

Advancing Global Commerce for Over95 Years – The National Foreign Trade Council is a leading business organization advocating an open, rules-based global trading system. Founded in 1914 by a broad-based group of American companies, the NFTC now serves hundreds of member companies through its offices in Washington and New York.