Congressional Consultation Necessary Prior to Any KORUS Modifications, Trade Lawmakers Tell Lighthizer
U.S. Trade Robert Lighthizer "must" closely consult with Congress before and during meetings with South Korean officials to modify the Korea-U.S. Free Trade Agreement, top trade lawmakers in the House and Senate said in a July 17 letter (here). Senate Finance Committee Chairman Orrin Hatch, R-Utah, ranking member Ron Wyden, D-Ore., and House Ways and Means Committee Chairman Kevin Brady, R-Texas, and ranking member Richard Neal, D-Mass., wrote to “emphasize the importance of adhering to the requirements established in the Bipartisan Congressional Trade Priorities and Accountability Act of 2015,” also known as Trade Promotion Authority. Lighthizer requested a meeting of the KORUS Joint Committee to consider “possible amendments and modifications” in a July 12 letter to the South Korean government (see 1707130002).
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
A high-level dialogue with South Korea presents the U.S. an opportunity to address “longstanding concerns” on implementing commitments on customs, automotive trade, services and “other key matters,” the lawmakers wrote. “Any changes affecting the United States resulting from the work of [the bilateral KORUS] Joint Committee cannot take effect unless either the President exercises his authorities as delegated to him by Congress or Congress makes changes to U.S. statutes,” the lawmakers said. “And, even where the President exercises authorities that Congress has already delegated, Congress fully expects to be consulted in the exercise of those authorities.” Statutory consultation requirements stem from constitutional authority of Congress over U.S. trade policy and allow the U.S. to demonstrate a congressional-executive branch partnership on trade policy, which serves the U.S. well in any discussion with U.S. trade partners, the lawmakers said.