U.S. Trade Policy and
Nanotechnology
Jeffrey Weiss
Senior Director, Technical Barriers to Trade
Office of the United States Trade Representative
Washington, DC
September 22, 2011
Overview
 Primer on Key International Trade
Rules and the Role of the USTR
 USG Nano Principles
 Current/Future Issues in Trade &
Nanotechnology
2
Overview of Key Trade Rules
Relevant to Nanotechnology
 The WTO Agreement on Technical Barriers to Trade
(TBT Agreement) provides disciplines on product
standards, including labeling and packaging, and
related conformity assessment procedures (e.g.,
testing, inspection, certification, registration) to
ensure they don’t create “unnecessary” TBTs
 Other relevant agreements include the GATT (e.g.,
prohibition on import/export restrictions, nondiscrimination) and the SPS Agreement (e.g., food
safety, animal health, pest control)
3
What products/issues are
potentially covered by TBT?
Lawnmowers
Chemicals/hazardous substances
Auto safety/emissions
Mobile phone batteries
Medical devices
Clothing, footwear
Baby food containers
Snack foods
Agricultural product standards
IT products
Packaging rules
Halal/organic standards
Cosmetics
Wine/distilled spirits
Pharmaceuticals
Cigarette lighters
Toys/product safety
Energy drinks
Nutritional supplements
Infant formula
Encryption
Plugs and sockets
Labeling (e.g., GE)
Solar panels
I.e., all industrial and agricultural products
4
Key TBT Agreement Questions

Questions we ask when determining whether a foreign measure
may raise trade concerns:

Does the measure treat an imported product less favorably than a like
domestic product or a like imported product from another country?

Is the measure “more trade restrictive than necessary to fulfill a
legitimate objective” (e.g., health, safety, environment, consumer
protection)? Relevant factors to consider include available scientific
and technical information and the intended end uses of a product

Does the measure use a relevant international standard as a basis,
unless such standard is ineffective/inappropriate to fulfill the objective?

Was the measure developed in a transparent manner (i.e., notified to
the WTO, with a meaningful opportunity for comment provided and
comments taken into account)?

Was a reasonable period of time for implementation provided so that
suppliers have sufficient time to comply before entry into force?
5
USG Organizational Structure
 USTR has statutory lead on development,
implementation, and coordination of U.S. trade
policy, including the negotiation and
enforcement of trade agreements (e.g., WTO,
NAFTA, TPP, mutual recognition agreements)
 Trade Policy Staff Committee (TPSC)
6
Trade Policy Staff Committee
(TPSC) Subcommittee on TBT

Interagency mechanism for developing, coordinating, and
implementing U.S. trade policy

Determines whether to raise trade concerns about particular
foreign measures and what arguments to make (as well as how to
respond to foreign concerns about U.S. measures)

USTR chairs the Subcommittee and coordinates the policy
development process

Regulators participate in the TPSC, helping to ensure that no
arguments are made against foreign measures that could be used
to undermine U.S. health, safety, environmental, etc.
requirements, and the ability of U.S. (Federal and State)
regulators to protect U.S. citizens, patients, and consumers

Decisions are taken by consensus
7
USG Organizational Structure
(continued)
 Relationship with Congress
 Official USG Advisory Committees and
other stakeholders
 States
8
USTR’s Role in Implementing the TBT
Agreement in the United States
 Participation in OMB/OIRA process for
significant rulemakings
 Statement of Administration Policy
(SAP)/letters
 Informal means (e.g., direct contact with
regulators, legislators, stakeholders)
9
USG Principles for Regulation of
Nanotech and Nanomaterials
 Origins
 U.S.-EU High Level Regulatory Cooperation
Forum
 Past experience with biotechnology
 Need to engage internationally
 Emerging Technologies IPC
 Co-chaired by OMB/OIRA, OSTP, USTR
 Participation of key regulators
 Developing a coherent approach
10
USG Principles for Regulation of
Nanotech and Nanomaterials
 Key Conclusions in Principles Document
 Objectives: Need to ensure we can regulate
effectively for health, safety, environment
while also promoting job creation,
competitiveness, exports, and economic
growth and not stifling innovation
 Existing statutes are sufficient
 Single definition not necessarily useful
 Focus not just on size, but on novel
properties
11
USG Principles for Regulation of
Nanotech and Nanomaterials
 Importance of transparency, public
participation in rulemaking
 Communication with the public is key
 Builds trust/confidence
 Must be clear, accurate, realistic,
informative
 Convey benefits and risks without
implying that nano is intrinsically benign
or hazardous
12
USG Principles for Regulation of
Nanotech and Nanomaterials
 Regulation should be science/risk-based
(importance of scientific integrity)
 Base decisions on potential benefits and costs
 Seek coordinated/consistent approach across the
USG
 Coordination with States, stakeholders,
international community (e.g., research, policy)
 Seek and develop adequate information
 Approach to evolve over time as we learn more,
need to maintain flexibility to adapt
13
Current/Potential Trade Issues
Involving Nanotechnology
 Labeling developments
 Actual measures (EU, Korea)
 ISO/CEN work on nanolabeling
 Issues involving collection/sharing of data
 Standardization issues
 Work in progress in many fora
 Risk of unnecessary divergence (e.g.,
definitions)?
 Are these standards being used?
 Export Promotion
14
THANK YOU FOR YOUR
ATTENTION!
Jeff Weiss
Senior Director, Technical
Barriers to Trade
Office of the United States Trade
Representative
1-202-395-4498
Jeff_Weiss@ustr.eop.gov
15