USTR Says U.S. Is Working on Ag and IPR Issues for TPP Negotiations
On March 11, 2011, U.S. Trade Representative Kirk submitted his written responses to additional questions submitted by Members of the House Ways and Means Committee subsequent to the Committee’s February 9, 2011 hearing on the President’s trade agenda.
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Highlights of USTR Kirk’s responses to questions regarding Trans-Pacific Partnership (TPP) agricultural, TPP and Russia intellectual property rights, and Turkey pharmaceutical issues include:
Working to Address Ag Market Access, Drafting SPS Food Safety Proposals
The USTR expressed a commitment to addressing agriculture market access issue in Trans-Pacific Partnership (TPP) negotiations. He noted that the Administration is committed to promoting the development and implementation of science-based regulations by its trading partners for all agricultural products.
Regarding food safety, the TPP Sanitary and Phytosanitary (SPS) negotiations provide the U.S. with an opportunity to resolve specific trade concerns, affirm international obligations, and to advance the use of safer pesticides and new technologies to protect public health and the environment.
U.S. trade and regulatory agencies are working together to draft a series of specific SPS-related proposals to enhance food safety, animal and plant health in every TPP country. Proposals could include joint initiatives on pathogen reduction treatments, joint research and data sharing between TPP partners as they establish their pesticide maximum residue levels, and promoting the use of new technologies in agriculture, such as biotechnology and nanotechnology, to promote a safe, wholesome and abundant food supply.
In addition, the U.S. will be working with Vietnam and some of the other TPP partners as they begin to implement their new food safety legislative mandates and regulations.
U.S. Wants TPP IPR Standards that Are Similar to Other Pacific Region FTAs
In response to a question about whether the Administration will push for high IPR standards in the TPP negotiations, the USTR states that the goal is to achieve standards of IP protection and enforcement that are in line with the benchmarks set in previous U.S. FTAs in the Asia-Pacific region.
To date, the U.S. has put forward proposed text covering many aspects of copyrights, trademarks, and enforcement. However, the U.S. has not yet tabled text on some IP issues where positions are still being developed, such as provisions relating to pharmaceutical IP protection, and provisions relating to copyright exceptions, but will be working with Congress and stakeholders to ensure that U.S. proposals strike the appropriate balance on those issues.
U.S. to Work with Russia to Improve its IPR Rules and Enforcement Efforts
The USTR leads an interagency team that works with Russia through regular bilateral and multilateral meetings to address WTO requirements as well as to improve Russia’s intellectual property rights rules and enforcement efforts. Removing barriers to market access for U.S. exports, including pharmaceuticals, is also a major objective.
Work Continues to Resolve Issue of Turkey’s Inspection of Pharmaceutical Mfrs
Regarding Turkey’s April 2009 implementation of a requirement for inspections of pharmaceutical manufacturing facilities exporting to Turkey,
The USTR states that the Administration has brought to the attention of Turkish authorities the problems the U.S. has with Turkey’s April 2009 requirement for inspections of pharmaceutical manufacturing facilities exporting to Turkey, raising it at both working and cabinet level on multiple occasions.
Through the new Framework for Strategic Economic and Commercial Cooperation (FSECC), USTR Kirk and Commerce Secretary Locke have made clear to their Turkish counterparts that Turkish government actions regarding Good Manufacturing Practices (GMPs) certificates for pharmaceuticals have created a very significant barrier to bilateral trade.
The Administration has also reached out to Turkish Ministry of Health (MOH) officials through expert level discussions in order to promote understanding and cooperation between regulators, with the aim of enhancing MOH capacities to carry out future inspections in an effective and above all timely manner.
Senior officials from USTR and a number of U.S. agencies have been firm in noting to the Turks that immediate action is needed. The USTR promised that the Administration will continue to pursue this issue in upcoming meetings with Turkish officials.
(See ITT’s Online Archives or 02/10/11 news, 11021031, for BP summary of the February 9, 2011 House Ways and Means Committee hearing on the President's trade agenda where the USTR discussed Russia’s WTO accession, TPP, etc.
See ITT’s Online Archives or 03/02/11 news, 11030205, for BP summary of Representative Manzullo’s request that IPR issues be addressed in TPP talks.)
USTR Kirk’s response to Committee questions available by emailing documents@brokerpower.com.