Monday, June 13, 2022

Welcome to WTO week

Presented by USA-IT: Delivered every Monday by 10 a.m., Weekly Trade examines the latest news in global trade politics and policy.
Jun 13, 2022 View in browser
 
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By Doug Palmer and Gavin Bade

Presented by USA-IT

With help from Sarah Anne Aarup

QUICK FIX

As the World Trade Organization gathered on Sunday for its first decision-making meeting in nearly five years, Director-General Ngozi Okonko-Iweala warned that a few contentious issues could still derail efforts to reach agreements this week.

U.S. Trade Representative Katherine Tai outlined a long list of topics for the WTO to consider as part of a potential reform agenda, including the hot button issues of fundamental workers' rights and climate change.

And there is tension in the European Union camp over how its representatives are handling key health issues, specifically the connection between the intellectual property waiver for Covid vaccines and the EU's hope for a broader package of trade responses to the pandemic.

It's Monday, June 13. Welcome to Morning Trade. Send us your trade news: soverly@politico.com, gbade@politico.com and dpalmer@politico.com.

 

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Driving the Day

OKONJO-IWEALA WARNS OF 'LANDMINES' AS MC12 STARTS: WTO members are trying to reach deals covering harmful fishing subsidies, a waiver of intellectual property protection for Covid-19 vaccines, food security concerns and tariff-free trade on the internet.

"I don't know if we can land all of them. But if we land one or two, I think that's success," Okonjo-Iweala said at an opening press conference of the WTO's 12th Ministerial Conference. "But let me be clear, even landing that one or two will not be an easy road. The road will be bumpy and rocky. There may be a few landmines on the way."

She called on countries to exert "political will" to overcome those difficulties and show the world the WTO can begin taking steps to respond to the many challenges it faces.

China versus U.S.: Tensions between the United States and China are playing out in both the negotiations on fishing subsidies and Covid-19 vaccines.

In the first area, the United States wants a "meaningful outcome" that changes current "bad behavior" and also addresses concerns about forced labor in the ocean fishing industry, a senior USTR official told reporters on Friday.

In the second area, the United States wants the final deal providing a waiver of intellectual property protections for Covid-19 vaccines to specifically exclude Beijing, a demand that Chinese officials have said they can not accept.

Last week, U.S. Trade Representative Katherine Tai urged China to send a high-level representative to the MC12 meeting as a signal of its seriousness. But she also questioned whether China's wordon any topic could really be trusted.

China Daily, a state-run publication, reported on Friday that Commerce Minister Wang Wentao would lead China's delegation. As of late Sunday, there was no word whether Tai and Wang would meet bilaterally to thrash out concerns.

Both stressed the value of cooperation in taped statements by ministers posted on the WTO's website . Those were a substitute for the pre-pandemic practice of ministers making speeches in plenary sessions held over the course of several days.

"It is our responsibility to prove to our citizens that global engagement and diplomacy can produce real results that improve their lives and address their day-to-day needs," Tai said in her remarks."The greater difficulties we face, the more we, WTO members, should work to build consensus," Wang said in his comments.

Wang repeated that China will "forego" using the Covid-19 vaccine IP waiver "as long as its reasonable concerns [about being explicitly excluded] are addressed." He also hinted that China might not insist on taking advantage of its right as a developing country to "special and differential treatment" in the fisheries agreement, but did not explicitly say so.

INDIA COMES OUT SWINGING: The success of the ministerial also could hinge on India, which originally pushed for a far broader IP waiver than is being considered this week and has staked out tough positions in the other key areas of negotiations.

Tai and Indian Commerce Minister Piyush Goyal likely discussed at least some of those concerns when they met bilaterally on Sunday, according to a trade official in Geneva.

Goyal, in his taped remarks, only briefly referred to the IP waiver issue. Instead, he said resolving India's longstanding demand that public stockholding programs be exempted from WTO limits on trade-distorting farm subsidies "should be the topmost priority for MC12."

India was granted a temporary reprieve for its public stockholding programs at the MC9 meeting in Bali in 2013 and was promised a permanent solution by 2017, but that did not materialize. Instead of addressing the difficult issue this time, most other countries want another delay to the next ministerial conference, as reflected in a draft agricultural text under consideration.

 

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TAI WANTS WORKER RIGHTS ON THE WTO AGENDA: In her speech, Tai also issued a call for a more expansive WTO agenda going forward.

"We believe members must engage in honest conversations about the role of the WTO in development, the risks of widening inequality, fundamental worker rights and employment and the role of trade to be part of the solution in addressing climate change," she said.

Tai's call for the WTO to address workers rights was a bit of an echo from the 1999 ministerial conference in Seattle, when then-President Bill Clinton caused an uproar by suggesting that WTO broaden its workload to include labor and environmental concerns.

Developing countries have traditionally been wary of addressing labor and environmental issues at the WTO because of concern it could lead to rules that hurt their exports.

Speaking more broadly, Tai said it would be a mistake to pursue an "overly prescriptive" reform process that sets goals for what should be done. "Good ideas come from everywhere. The process must be owned by the members," Tai said.

US SAYS FISHING SUBSIDY DEAL HAS TO BE 'MEANINGFUL':  As mentioned above, the United States is taking a hard line in the talks on curbing harmful fishing subsidies.

"We continue to work for a meaningful outcome — and I want to stress meaningful outcome — in the negotiations on fisheries subsidies," a senior USTR official told reporters on Friday. "What we want to see [are] disciplines that actually change the status quo, change the bad behavior that currently happens."

The United States is concerned that giving major fishing nations like China, India and even some countries in the EU too many "flexibilities" in how they implement their commitments will undermine the purpose of the agreement, which is to protect ocean resources.

"China is a very large fishing nation, the largest in the world," the official said. "We don't think that they need any flexibilities."

The agreement also has to address the use of forced labor in the fishing industry, the official added, referring to a proposed provision opposed by China that would require countries to annually report on vessels and operators that use forced labor.

New fishing subsidy text: The chair of the fishing subsidy talks, Ambassador Santiago Wills of Colombia, released a new draft text that requires ministers to make some tough final decisions.

Members did reach a break-through on the issue of territoriality, or "how to ensure that a WTO panel would not decide who had jurisdiction over disputed or overlapping territorial claims" Wills said. But key issues mentioned by the senior USTR official on Friday remain unresolved.

Not sitting on the sidelines: The senior USTR official pushed back on reports that the United States has not been actively engaged in preparations for MC12, including in the intense talks over a waiver of intellectual property rights protections for Covid-19 vaccines.

"We're exercising our leadership. We are engaging, trying to find solutions" in all areas, including the unresolved vaccine discussions, the official said.

E-commerce moratorium a priority: The senior USTR official also confirmed that renewing the 24-year-old moratorium on the collection of duties on e-commerce transmission was a high priority for the U.S. at the MC12 meeting.

"We are continuing to push for that and we hope to see that delivered," the official said, referring to a threat by India and South Africa to block its renewal.

Food security: The U.S. also hopes for a strong statement on the role trade plays in boosting food security, along with an agreement that countries not restrict exports of commodities used by the UN's World Food Program, the official said.

EU TRADE & HEALTH GRUMBLES: There's some tension on the EU side about how the bloc has been playing its cards on the two key trade and health files at the WTO, namely the vaccine patent waiver and the trade and health declaration to limit trade restrictions on health products.

Although Brussels moved towards India and South Africa on the TRIPS waiver text, it hasn't gotten that much out of the trade and health declaration coordinated by Ambassador Dacio Castillo of Honduras, according to several Geneva-based trade diplomats.

Negotiations softie: The Castillo text so far is a "huge disappointment" for the EU, one of those diplomats said. The EU tactic of making concessions in the vaccine IP discussions in the hope of obtaining strong provisions to reduce export barriers failed because no one believed it would hold up an overall package to get what it wanted, those diplomats said.

A EU commission spokesperson defended the bloc's approach to negotiations. The "EU's leadership and constructive role in the context of the MC12 is widely recognized by all key players. We aim to achieve meaningful outcomes to show that the WTO remains relevant at the heart of the multilateral trading system," the spokesperson said.

U.S. hardball: On the outside, Washington seems relatively quiet on their IP stance, with the single tweet by USTR Katherine Tai back in May of last year.

But behind the scenes, Washington is a tough negotiator — on June 3, the U.S. negotiator stormed out of the TRIPS talks after bawling out the Sri Lankan ambassador, who had tried to push for an automatic trigger of the TRIPS waiver whenever there's a new health crisis, according to a Geneva-based trade diplomat

HOW THE MEETING WILL WORK: Ministers kicked off MC12 with an opening ceremony followed by a session about tensions in the world trading system that gave ministers an opportunity to vent about the war in Ukraine and longer-standing concerns.

The WTO also will hold seven "thematic" sessions over the next three days to discuss key topics, including the institution's response to the pandemic; agriculture; food security; the WFP export ban proposal; fishing subsidies; WTO reform; and the e-commerce moratorium.

However, most of the negotiating is expected to take place in smaller groups, outside of those big formal meetings.

 

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International Overnight

— China's defense minister pushed back at the U.S. over Taiwan, POLITICO reports.

— Democratic candidates are leaning into a protectionist, anti-China message in midterm ads, POLITICO reports.

— U.K. ministers are trying to assure the world that new Northern Irish trade legislation will not flout international law, Reuters reports.

— USTR Katherine Tai convened an informal ministerial meeting of IPEF nations over the weekend, Jiji Press reports.

 

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THAT'S ALL FOR MORNING TRADE! See you again soon! In the meantime, drop the team a line: dpalmer@politico.com, gbade@politico.com and soverly@politico.com. Follow us @POLITICOPro and @Morning_Trade.

 

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Illegal trade is a $464-billion-a-year business, and it's growing. Criminals get rich from illegal trade by peddling fake and stolen goods, ultimately robbing governments of much needed revenue to provide essential services to America. Instead of helping taxpayers, that money is pocketed by crooks who traffic in illegal narcotics, apparel, counterfeit medications, tobacco, weapons, wildlife, and even people. That's why we're bringing together experts from the private and public sector, academia, as well as government and law enforcement agencies, combining our collective expertise to curb illegal trade for the benefit of our American communities.

We are USA-IT: United to safeguard America from illegal trade. Learn more at USAIT.org.

 
 

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