Summary of House Committee on Financial Services Hearing on H.R. 556

On February 7th, the House Committee on Financial Services held a hearing on H.R. 556 “National Security Foreign Investment Reform and Strengthened Transparency Act of 2007” which proposes reforms to the Committee of Foreign Investment in the United States (CFIUS) investment review process. Those at the hearing included Chairman Barney Frank (D-MA), Rep. Carolyn Maloney (D-NY) and Rep. Adam Putnam (R-FL). The witnesses testifying before the Committee included Clay Lowery, Assistant Secretary of the Treasury, David Heyman, Director of the Homeland Security Program at the Center for Strategic International Studies, Michael O’ Hanlon, Senior Fellow at the Brookings Institution and Todd Malan, President and CEO of the Organization for International Investment (OFII).

The Committee agreed that after the Dubai Port World controversy, CFIUS needed to reform the review process of investment transactions and improve the means of communication between the different branches of government.  The U.S. needs to protect national security but at the same time maintain our open market for incoming foreign investment.  When reviewing cases, CFIUS focuses its attention on the country, type of investment, and the national security implications of the transaction.  Lowry told the Committee that using these criteria should not necessarily deter investments from countries that might raise national security concerns.

The consequences of not getting this right are significant.  Todd Malan indicated that the benefits of incoming investment include foreign subsidiary company employment of 5.1 Americans in all 50 states, 31 percent of the American workforce concentration in subsidiary companies within the manufacturing sector, and subsidiaries’ reinvestment of 59 billion dollars of profit into their U.S operations. He stated, “Global companies want to invest in the United States because of the size of our market, the quality of our workforce, and the certainty and predictability of our local regime.”  In order to retain investments and attract more in the future, CFIUS must reform its reviewing process.

The bill contains a number of provisions agreed upon by the Department of Treasury with Congress; including Congressional Committee briefings on cases that fall under the Exon-Florio amendment, notification to senior policy officials within CFIUS agencies to ensure accountability, efficient communication and reviewing process, and notifying parties involved in the transactions of all procedures. Secretary Lowery discussed the importance of foreign investment to the U.S economy and noted that the controversy over DP World “coupled with some troubling signs that other countries are pursuing trade barriers to foreign investment, and increasingly negative media coverage of the U.S. investment climate, underscore the need to improve and reform the CFIUS process.”

Last year, the number of CFIUS filings increased by 73 percent, investigations increased by 350 percent, and company filing withdrawals from CFIUS by 250 percent. Mitigation agreements, conditions imposed on companies, tripled last year, led by the Department of Homeland Security which conducted “an average of 4.5 mitigation agreements per year between 2003 and 2005” and fifteen in 2006.  The heightened interest in the CFIUS process was a response to the Dubai Port World controversy and the criticism expressed by the public and elected officials over initial CFIUS approval of that transaction.  As O’Hanlon pointed out, the UAE “recognized the Taliban government of Afghanistan, [that it was] the country of origin for two 9/11 hijackers and a nexus for much of the funding needed to organize that plot. […] these concerns were at least partially counterbalanced by the fact that the UAE has become a responsible player in port security…” Because of these concerns, many members of the House and Senate were uneasy about foreign ownership of US port facilities and focused on means of improving the CFIUS process so similar cases would be less likely to recur.

The Department of Treasury, the Bush Administration and Congress view foreign investment as essential to economic growth and job creation; conversely, protecting U.S. national interests may conflict with foreign investment as did Dubai Port World. David Heyman argued that the importance of H.R. 556 rests on being able to attract foreign investment without at the same time not creating lengthy and problematic CFIUS procedures that many investors would view as a deterrent to such investment.

NFTC Joins New Campaign to Urge Congress to Renew Trade Promotion Authority

Calls For Timely Renewal of TPA to Advance Trade Negotiations to Open Markets and Boost Economic Growth

Washington DC – The National Foreign Trade Council (NFTC) today joined several other leading U.S. business groups and companies in launching Trade for America, a campaign dedicated to supporting the timely renewal of U.S. trade negotiating authority, also referred to as Trade Promotion Authority (TPA).  During a press conference at the National Press Club with U.S. Trade Representative, Ambassador Susan Schwab, Trade for America underscored the importance of renewing U.S. trade negotiating authority before it expires on June 30, 2007.

“Timely renewal of TPA is vital to U.S. trade leadership in expanding and opening markets to American firms, workers and farmers. The United States is the world’s largest trader and most open market, but 95% of the world’s population is outside the United States,” said NFTC President Bill Reinsch. “We must, as a nation, and with a united voice, continue to negotiate market-opening trade agreements to advance continued US economic growth and opportunity.  Above all, we need to conclude as soon as possible a successful and ambitious Doha Round to open markets on a multilateral basis, which will generate the most good for the most people.”
 
“We cannot afford to be sidelined on trade.  The world is not waiting to negotiate market-opening trade agreements, many of which exclude the United States.  According to the WTO, between January 2004 and February 2005, over 45 preferential trade agreements were negotiated.  There are well over 200 of them today,” said Mary Irace, NFTC Vice President of Trade & Export Finance. “Without U.S. trade negotiating authority, other countries will be unwilling to negotiate with the United States for fear that U.S. commitments and concessions would not hold weight.  In particular, they would be unwilling to put important politically sensitive concessions on the table.”
 
Today’s launch of Trade for America is comprised of a wide range of companies and trade associations representing key sectors of the U.S. economy.  All of the groups involved, including the NFTC, believe that trade negotiating authority is a fundamental part of U.S. global economic leadership.
 
According to Irace, “We are hopeful that there will be a breakthrough on the Doha Round in the next month or two.  Timely renewal of U.S. trade negotiating authority will demonstrate that the United States remains committed to leading the trade talks to a successful conclusion. At a minimum, a short-term, one-year extension of TPA should be enacted as soon as possible to ensure that the Round is completed within a year.”
 
“We’re in support of the Administration’s push to renew this legislation with all deliberate speed and will work with Congress over the course of the next few months in support of legislation to extend the negotiating authority,” concluded Irace.


 Advancing Global Commerce for Over 90 Years

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 inWashington and New York.

Summary of Joint Economic Committee Hearing on Challenges Facing the Middle Class

The Joint Economic Committee of the 110th Congress held a hearing on January 31 to consider the growing challenges facing the middle class. Members present included the chairman, Senator Schumer (D-NY), Senators Bennett, Klobuchar, Webb, and Casey, and Representative Saxton.

 Four witnesses testified: former Treasury Secretaries Robert Rubin and Lawrence Summers, Alan S. Blinder, Professor of Economics at Princeton University and Richard Vedder, Professor of Economics at Ohio University. The focus of the hearing was on the changes occurring as a result of the dramatic advances in technology as well as the effects of globalization on the domestic economy and the middle class. The committee and three of the four witnesses believed economic inequality has eroded the middle class. Technology proliferation has given advantages to other countries, leaving middle class Americans to search for jobs outside of their technology fields. Some witnesses felt that technology advances have had more of an effect over the middle class than international trade. In addition, another large contributing factor to the economic challenges of the middle class has been the lack of educational resources and opportunities to train younger generations in other professional positions.
 
Perhaps the most pressing issue is the decline in sustained economic growth which, as was mentioned by Sen. Klobuchar, causes financial instability for the middle class. Sustained economic growth is imperative for the middle class because it provides jobs with competitive wages that are needed to support the middle class. Fluctuations in the economy harm U.S. investments in foreign countries, and make foreign investors apprehensive about investing in the U.S. Former Treasury Secretary Lawrence Summers stated that the substantial trade deficit begs the question of “how long foreign investors will be prepared to lend us funds on such generous terms to support deficits of this magnitude.” The repercussions of a deteriorating relationship between foreign investors and the U.S. economy could lead to foreign investors seeking capital investments in other countries due to the current condition of the U.S economy, further weakening economic growth in the U.S.

Globalization has brought about a profound change in the American economy.  As former Treasury Secretary Rubin pointed out “the global economy is undergoing change of historic proportions, including technological development, globalization, effective productivity policies […], and, as a consequence of all this, the emergence of China and India as potentially large markets but more immediately, as powerful competitors.” Senator Webb agreed that the impact of globalization was affecting the American workforce, especially in blue and white collar professions. Rubin also argued for more effective use of trade adjustment assistance for workers who had been dislocated from their jobs as a result of outsourcing to other countries like China and India.

In the future, more jobs will be outsourced to Asian countries, leading to a scarcity of jobs in the manufacturing and high technology sectors in the United States. This will potentially affect wages and future job security, widening the gap of income inequality. Interfering with the markets will not stop the effects of globalization; as a matter of fact, erecting trade barriers may inflict more harm on the U.S. economy. Sustaining economic growth involves continuing to welcome foreign investment. Enacting policies that draw foreign investors into the U.S. creates more jobs for middle class Americans, most of which make up a majority of the manufacturing and technology sector. If the middle class benefits from these policies promoting international trade, they will be more receptive to foreign investments. If however, the middle class ends up supporting protectionist policies, there will be a loss of economic productivity, decline in imports, and U.S. exporters may face retaliatory measures. Free trade facilitates sustained economic growth, which provides a strong domestic market for U.S businesses, and in turn, provides a strong job market for American workers, especially those in the middle class.

Professor Blinder argued that income inequality is not rooted in globalization or outsourcing; it stems from wage inequality. Of the forty million jobs in the technology sector, fewer than a million have been outsourced, suggesting that another reason must explain the economic inequality within the middle class. Globalization, he argues, is not a struggle between higher and lesser skilled workers, nor is it between more or less educated workers but between different professions. Based on his research, Blinder predicts between 22 to 29 percent of current American jobs could potentially be outsourced in the future. To rectify the problem, governments must be willing to “repair and extend the social safety net” for dislocated workers, create employment insurance and trade adjustment assistance. The U.S labor force and businesses must be willing to maintain a supply and demand for jobs remaining in the U.S.

In contrast, Professor Vedder argued economic sustainability was in decline due to increased government expenditures; in the fiscal years from 2001-2006, government expenditures increased by 42.4 percent for national security and non-defense issues. The government needs to curb its spending habits in order to regain economic growth.

With regard to the middle class, he believes workers shared in the nation’s prosperity and are living better than they have in the past. Americans were consuming more than ever, and wage inequality and outsourcing were not the central challenge to the middle class. Excessive spending over consumer products was a central reason for the economic challenges faced by the middle class.

To the extent there was consensus, it was that policies that permitted free international trade would aid in regaining economic growth and alleviate the burdens felt by the middle class.

 

U.S. Exporters Endorse Ex-Im Bank Accounting Change

Two leading organizations representing major U.S. exporters today endorsed a proposal by the Bush Administration to change the federal government’s accounting for the U.S. Export-Import Bank.  The proposal is contained in the President’s FY 2008 budget, which was delivered today to Capitol Hill.  Implementing the accounting change will require approval by Congress.

 

The two organizations are the Coalition for Employment Through Exports (CEE) and the National Foreign Trade Council (NFTC).  CEE represents some 30 U.S. exporters, banks and industrial associations and specializes in issues related to export finance.  NFTC represents 500 export companies, banks and others involved in global trade and investment.  It is the oldest U.S. international trade organization.

 

Under the President’s proposed accounting change, the Export-Import Bank for the first time will be allowed to directly utilize its revenues to cover all its operating expenses, without federal appropriations.   Under the current accounting system, the Bank may apply its revenues to its loan-loss reserve account, but cannot use its revenues to cover its operating expenses, which have required appropriations.  Instead, the Bank’s revenues that are not used for loan-loss reserve are credited to the U.S. Treasury as a “miscellaneous receipt”.

 

Each year, the Bank generated substantial revenues from its fees, premiums for guarantees and insurance, and interest charged on its direct loans.

 

“In essence, the President is proposing that Ex-Im Bank finally be recognized as a financially self-sufficient entity”, said Edmund Rice, CEE President.  “Ex-Im does not need taxpayer funds to operate, if Congress will agree to allow the use of the Bank’s own revenues”, Rice added.   “This proposal underscores that export finance can be done on a financially sustainable basis”, Rice said.

 

The proposed accounting change also addresses growing pressure in the World Trade Organization (WTO) to reduce direct government funding of exports.  “By making Ex-Im a truly self-sustaining agency, the U.S. government is bringing the Bank into line with the clear direction of global trade policy”, commented NFTC President William Reinsch.  “This change puts the U.S. ahead of the curve in the WTO”, Reinsch added.  “We believe this change is a ‘win-win’ for American exporters and the American taxpayer”, Reinsch added.

 

Coalition of Academic, Exchange, and Trade Groups Releases New Visa Policy Recommendations

CONTACTS

Ursula Oaks, NAFSA: Association of International Educators,

202.737.3699 x253

Elizabeth Fulk, Heritage Foundation,

202.608.6157

Jennifer Cummings, National Foreign Trade Council,

202.822.9491

Edmund Rice, Coalition for Employment Through Exports,

202.296.6107

Michael McCarry,Alliance for International Educational and Cultural Exchange,

202.293.6141

 

WASHINGTON, DC – A diverse coalition of organizations concerned about the current state of U.S. visa policy and its impact on the country’s competitiveness as a destination of choice for academic, exchange, and business visitors from around the world today announced a new set of  visa policy recommendations.  The coalition partners – the Alliance for International Educational and Cultural Exchange, the Coalition for Employment Through Exports, the Heritage Foundation, NAFSA: Association of International Educators, and the National Foreign Trade Council – set out a series of specific action items for Congress and the Executive Branch, urging “more fundamental reforms… that address legitimate security concerns and keep our nation a welcoming nation.”

Entitled “Realizing the Rice-Chertoff Vision: A National-Interest-Based Visa Policy for the United States,” the new policy proposal emphasizes the important role that visa policy plays in both the security of the United States and its capacity to attract the best talent from other countries, whether to study, conduct research, or do business.  While acknowledging the progress that has been made over the past several years to address serious problems in the visa issuance process, the coalition recommendations highlight several areas in which serious barriers remain that hamper the ability of legitimate visitors to come to the United States.

“Realizing the Rice-Chertoff Vision” recommends that Congress:

¨      Restore to the Secretary of State the authority to grant U.S. consulates discretion to waive the personal interview requirement based on risk assessment;

¨      Strengthen and expand the Visa Waiver Program; and

¨      Exercise vigorous oversight of Executive Branch implementation of the Rice-Chertoff vision, especially those that pertain to the coalition’s recommendations regarding the Executive Branch.

The coalition further recommends that the Executive Branch:

¨      Articulate a clear, operational visa policy that fully realizes the Rice-Chertoff vision; and

¨      Improve efficiency, transparency, and reliability in the visa process

America is a great country because for 250 years we have welcomed people from all over the world.  Their creativity, their inventions, and their hard work have been instrumental to our economic and social growth.  Our current visa policy jeopardizes all that because it tells people they are not welcome here,” said National Foreign Trade Council President Bill Reinsch. “The result is that we are encouraging smart people to go elsewhere, and we are encouraging American businesses to move their innovation capabilities outside the U.S. so their foreign engineers and scientists don’t have to run the visa gauntlet.  That is bad for our economy, bad for our competitiveness, and bad for our security.  We need to change our policy soon before more damage is done.”

“The efforts of the United States to reach out to the world, whether to recruit talent, train the world’s future leaders, or improve our image abroad, continue to be ill-served by the visa system that is currently in place,” said NAFSA: Association of International Educators Executive Director and CEO Marlene Johnson. “The diverse voices of this coalition urge the government to take a number of key steps to ensure that the United States presents a truly welcoming face, both in word and in deed, to the academic, exchange, and business travelers that are so important to our global leadership, competitiveness and security.”

###

For more information about the coalition partners, visit their Web sites:

http://www.nafsa.org

http://www.heritage.org

http://www.nftc.org

http://www.usaexport.org

http://www.alliance-exchange.org

 

NFTC Calls for Timely Renewal of TPA and Reform of Farm Programs

Washington, D.C. The NFTC hailed the emphasis on bipartisanship in a U.S. House Ways and Means Committee hearing today on trade and globalization.

“Today’s hearing on trade and globalization was a welcome development in building renewed bipartisanship on trade policy. We commend Congressmen Rangel and McCrery for their continued focus on developing a bipartisan consensus in support of a forward-looking trade agenda. In that regard, we applaud their efforts to find common ground on how best to address labor issues in the pending FTAs between the United States and Peru, Colombia and Panama,” said NFTC President Bill Reinsch.

In addition to approving pending FTAs with key Latin American trading partners, the NFTC believes timely passage of renewed trade negotiating authority – Trade Promotion Authority (TPA) – is essential to continued U.S. leadership on trade. According to Reinsch, “With recent positive signs that the United States, EU and other WTO members, are committed to achieving a breakthrough on the Doha Round to enable the trade talks to conclude on a timely and ambitious basis, TPA renewal will be critical to the ultimate success of the Round.”

“The United States must continue to lead on trade, including undertaking needed reform of its trade-distorting agriculture policies and enacting TPA in a timely way,” said Reinsch.

Reinsch continued, “If we achieve a breakthrough on the Doha Round in the next couple of months, we should consider approving a targeted and short-term one-year extension of TPA for the Doha Round to ensure it is completed within a year, while allowing a more fulsome and thoughtful debate on our broader trade agenda to proceed on a separate track, if necessary.”

“A successful Doha Round and vibrant multilateral trading system is in our strong national economic interest. The NFTC looks forward to working with Congress and the Administration in support of this critical objective by enacting legislation to renew TPA and a farm bill that is in line with our fundamental trade policy objectives,” concluded Reinsch.

###

 


 

Advancing Global Commerce for Over 90 Years

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.

U.S. and International Business Associations Urge Immediate Reopening of Doha Talks

NFTC and Other Leading Business Groups Say “Failure is Not an Option”

 

 

Washington DC –­ The National Foreign Trade Council (NFTC) today joined 18 other leading U.S. and international business associations in calling for the restart and successful conclusion of the Doha Round of World Trade Organization (WTO) negotiations. In a statement released today, business associations from around the globe, including North and South America, Asia, Australia and Europe, said, “failure is not an option” with regards to reviving and concluding the negotiations as soon as possible.

 

 


“An ambitious and balanced conclusion to the Doha Round is vital to strengthening the WTO multilateral trading system and advancing global economic growth and development by opening markets and better integrating developing countries into the global economy,” stated Mary Irace, NFTC Vice President of Trade & Export Finance.

 

 

“There is a very narrow window for political leaders to achieve the necessary breakthrough to put these trade talks back on track toward a successful and timely conclusion, which, in turn, will bolster the chances of a timely extension of U.S. trade negotiating authority. The needed core steps are not only well understood, but are also achievable if the United States, EU and other key advanced developing countries demonstrate political leadership,” according to Irace.

 

 

The international business community statement released today noted the rapid timeline necessary for reopening the Doha Round to ensure that talks occur soon and without major delay. “It is now commonly accepted that if negotiations are not reopened soon and the core elements of the Round are not agreed [upon] within the next two to three months, the final window of opportunity for concluding the Doha Round may close,” read the statement.

 

 

The NFTC acknowledged that even if talks are resumed in a swift manner, the Round likely cannot be completed within the timeframe of the current Trade Promotion Authority (TPA). “We are committed to working with Congress in support of legislation to extend TPA to conclude the Doha Round successfully, which is why a breakthrough in the Round is so critical,” said Irace.

 

 

“The NFTC supports a deliberate and swift timeline to restart the Doha Round. The message is clear in the joint business statement issued today that now is the time to make it happen,” continued Irace. “Doha is too important to fail and frankly, as we collectively stated today, failure is simply not an option.”

 

 

Please click here to read the statement.

###

 


 

Advancing Global Commerce for Over 90 Years

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 Applauds 109th U.S. Congress for Voting on Pressing Trade Issues

Washington, DC – The National Foreign Trade Council (NFTC) today released a statement commending the U.S. House and Senate for working together into the weekend to reach consensus on important trade legislation before adjourning for the year.

“We are pleased that Members, led by champions of trade in both chambers, were able to set aside a number of differences to pass a robust tax and trade package this year. It would have been a shame to see all the hard work that took place over the year go down the drain over what were reconcilable differences,” said NFTC President Bill Reinsch.

“Though a lot of unrelated measures were attached to the bill in the final days leading up to its approval, the package includes a number of policy priorities we’ve been pressing for. Primary among these was granting permanent normal trade relations to Vietnam. Without PNTR, Vietnam’s imminent accession to the WTO would have benefited all other WTO member nations, but perhaps not the United States.  The U.S. and Vietnamese business communities and the many workers who stand to benefit from the trade pact definitely welcome Congressional approval of PNTR,” Reinsch continued.

The omnibus bill, approved by the House late Friday and early Saturday morning by the Senate, extends the Andean Trade Preferences Act for six months and the Generalized System of Preferences for two years. The legislation also extends important provisions of the African Growth Opportunity Act, providing beneficial treatment for apparel manufactured in developing nations until 2012.

“We’re now looking forward to next year and working with the new Congress to move forward on sound trade policy, including a number of matters left over from this year – ratifying trade agreements with Peru and Colombia, granting PNTR to Russia and remedying a broken visa system that undermines the United States’ competitiveness,” said Reinsch. “While the first hundred hours of the new Congress’ agenda will be full of important domestic issues, we will urge Congress to also get a jump start on trade legislation when the 110th session begins.”


Advancing Global Commerce for Over 90 Years

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 President Bill Reinsch Says Tightened Export Controls Endanger U.S. Competitiveness and Add Little to National Security Efforts

Urges Commerce to Rethink Recently Proposed Regulation on China

Washington, DC-­ National Foreign Trade Council (NFTC) President and former Commerce Department official Bill Reinsch today in remarks before the Practicing Law Institute said that the United States has come a long way in targeting controls on exports, but warned that expanding controls on exports to China is an ineffective way to protect national security interests and undermines U.S. competitiveness.

“Focusing on specific end uses and end users forces us to learn more about the items we are controlling and more about our adversaries’ efforts to use those items, both of which improve the system’s efficiency,” said Reinsch in his remarks.

Among the problems Reinsch discussed were questions about exactly what “know” and “military end use” mean for companies that genuinely want to comply with all guidelines. “After initial assurances that the term would be defined to mean actual knowledge and no more, the published version instead returns to the more expansive existing definition,” Reinsch said.

With respect to “military end use,” Reinsch noted, “The expansive definition used attaches considerable liability to a broad range of industries and raises numerous questions. For example, if an exporter has information that a product could be used for the design of both military and civilian products, would the “military end use” definition apply?”

Reinsch also questioned the efficacy of the proposed export control regulation as a means to protect national security interests when exports that could have military end use are also produced by commercial manufacturers, not just military ones.

Finally, he pointed out that few if any of our trading partners and allies intend to implement the same regulation, which means we will be acting unilaterally when many of the newly-controlled items are available from multiple foreign sources, including China itself.

Reinsch also explained why healthy high tech industries are essential to our national security. “Because of rapid technological change, the military has been shifting to commercial products and away from specially designed items. That puts them in the position of relying on civilian producers whose major markets are civilian and export,” said Reinsch. “Those producers win the competitiveness race by staying ahead of their competition, and they do that by plowing their profits back into R&D on next generation products. America’s future lies in our ability to keep on winning that race,” he continued.

 


 

Advancing Global Commerce for Over 90 Years
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.