Trade Responsibilities in the
Executive Branch
Marideth J. Sandler
Sandler Trade LLC
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POTUS
NSC
USTR
TPRG/TPSC
ACTPN
APAC/ITAC
LAC
IPR
FTA
TIFA
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BIT
GSP
AGOA
CBI
Special 301
PWL
WL
FRN
DOC
BIS
IA
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ITA
MAC
AD/CVD
NEI
FTZ
USDA
DOL
DOS
Treas
USITC
HTSUS
Executive Branch
Executive Office
of the President:
NSC, USTR,
OMB, NEC, etc.
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• U.S. Constitution assigned authority over foreign trade to
Congress; President (POTUS) got negotiation authority.
• Congress then delegated to POTUS authority to negotiate
agreements to reduce tariffs within pre-approved levels.
• President delegated to the Office of the U.S. Trade
Representative (USTR) development and coordination of
U.S. international trade, commodity, and direct investment
policies; and overseeing negotiations with other countries.
• U.S. Trade Representative (Kirk) leads USTR. The USTR is an
Ambassador and Cabinet member who serves as President’s
principal trade advisor, negotiator, and spokesperson.
National Security Council (NSC) helps POTUS oversee trade.
• USTR is in the Executive Office of the President. Through an
interagency structure (TPRG & TPSC), USTR coordinates
trade policy, resolves disagreements, and frames issues for
presidential decision.
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• Free Trade Agreements (FTAs): w/ 17 countries
• Trade and Investment Framework Agreements
(TIFAs): 45 TIFAs
• Generalized System of Preferences (GSP), African
Growth & Opportunity Act (AGOA), Caribbean Basin
Initiative (CBI), Andean Trade Promotion Act (ATPA)
• Special 301 (Intellectual Property Rights (IPR)
Review): Notorious Markets (>30), Priority Watch List
(PWL): 12 countries, Watch List (WL): 29 countries.
• Bilateral Investment Treaties (BIT): with 40 countries
• Consultation with 28 appointed industry and special
interest advisory groups: ACTPN, APAC, ITACs, LAC
• Issues Federal Register Notices (FRNs)
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• Mission: make U.S. businesses more
innovative at home and more competitive
abroad
• Comprised of 12 different agencies (weather,
patents, exports, fish management, textiles)
• Key trade agencies:
– Bureau of Industry and Security (BIS)
– International Trade Administration (ITA)
– Patent & Trademark Office (PTO)
– U.S. Census Bureau (Census)
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Advance U.S. national security, foreign policy, and
economic objectives by ensuring an effective
export control and treaty compliance system
and promoting continued U.S. strategic
technology leadership, including to:
• Regulate dual-use commodities, software, and
technology through export control license
requirements, policy, and processing
• Implement anti-boycott provisions
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• Manufacturing and Services
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U.S. industry competitiveness
Global market access (trade policy & negotiation)
Expand exports (National Export Initiative (NEI))
Advisory committee system (ITACs)
• Market Access and Compliance (MAC)
– IPR, quotas, standards, customs, trade agreements
– Trade Compliance Ctr; Africa/Mid East/S. Asia offices
– Rule of law in business program (Good Governance)
• Import Administration (IA)
– Enforce trade laws & agreements (textiles & apparel,
AD, CVD, steel import monitoring, FTZs)
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Department of State (DOS)
Department of Agriculture (USDA)
Department of Treasury (Treas)
Department of Labor (DOL)
Ex-Officio: U.S. International Trade Commission
(USITC or ITC): an independent agency
– Administers U.S. trade laws within its mandate
– Provides U.S. export and import data/Maintain
Harmonized U.S. Tariff Code (HTSUS)
– Does independent trade studies pertinent to FTAs,
regulatory decisions, tariffs, U.S. competitiveness
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19 agencies provide advice to USTR in developing and
coordinating implementation of U.S. trade policy;
operates by reaching consensus on issues/decisions:
(e.g., Special 301, GSP) recommend to:
(AUSTR*/DAS*): if consensus
on the decision - is final determination; if not goes to…
(Deputy USTR/Assistant
Secretary): if consensus, is final decision; if not, goes to…
(Cabinet): if consensus, is final decision; if not
goes to the…
for THE final decision
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• Usually a country requests an FTA; can be an industry or ITAC, too
• Interagency consensus (impacts of a comprehensive FTA, etc.)
• President informs Congress of intent to negotiate, followed by a
waiting period (per TPA)
• During waiting period: USITC report; Hill & advisory committee
consultations; public comments
• Administration prepares and internally approves proposed text;
shares with Congress & advisory committees
• Once FTA negotiations concluded: announcement, legal scrub,
signing
• Getting the FTAs through Congress: “little to do with agreement
substance and everything to do with U.S. politics”
• During course of FTA negotiation and especially after signing,
Embassy and private sector associations lobby extensively on Hill
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• “While delegating some authority, Congress in no way
surrendered its trade authority.”
• Ask questions – you’ll find out more than just the
answer you are seeking.
• Meet your deadlines.
• Keep current: e-newsletters (agencies and companies),
Facebook and twitter.
• Know which agency really is in charge of a
responsibility (despite what others may say).
• What you see is not always what it is, so….
• Keep asking questions and solicit opinions.
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• Glossary of Acronyms: http://www.ustr.gov/aboutus/trade-toolbox/glossary-trade-terms
• U.S. Trade Representative (has e-newsletter)
– http://www.ustr.gov/
– http://www.ustr.gov/about-us/press-office/14pressreleases/2011/september/ustr-press-office-week-aheadseptember-18-25
• Department of Commerce: www.commerce.go v
• U.S. International Trade Commission: www.usitc.gov
• Congressional Research Service:
• Guide to U.S. Government: http://bensguide.gpo.gov/
• Other: http://sandlertrade.com & www.wita.org
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