Alert

UPDATE: Commerce and USTR Announce Opportunities to Comment on Indo-Pacific Economic Framework

March 14, 2022

*This alert was originally published on March 11, 2022 and updated on March 14, 2022.

UPDATE

The U.S. Department of Commerce (Commerce) is requesting comments on the Indo-Pacific Economic Framework’s (IPEF) pillars on (1) supply chain resilience; (2) infrastructure, clean energy, and decarbonization; and (3) tax and anti-corruption. Commerce’s announcement follows the U.S. Trade Representative’s (USTR) request for comments on the IPEF’s fair and resilient trade pillar. USTR and Commerce will co-chair the U.S. team leading the IPEF negotiations.

Commerce seeks broad input from all interested stakeholders regarding any of the following topics:

  • General negotiating objectives for the IPEF.
  • Digital and emerging technologies-related issues.
  • Supply chain resilience-related issues.
  • Infrastructure-related issues.
  • Clean energy-related issues.
  • Decarbonization-related issues.
  • Tax-related issues.
  • Anti-corruption-related issues.
  • Issues particularly relevant to small and medium-sized businesses that should be addressed in the negotiations.
  • Other issues for consideration.

Commerce also requests that small businesses or organizations representing small business members self-identify as such in their comments.

These comments may assist the agency in developing negotiating objectives and positions to shape cooperation with potential IPEF partners, which could include various types of commitments, cooperative actions, and other measures.

The deadline to submit comments to Commerce is April 11, 2022 – the same deadline to submit comments to USTR.


ORIGINAL

USTR Announces Opportunity to Comment on Indo-Pacific Economic Framework’s Trade Pillar

Pursuant to the Biden Administration’s exploration of the development of an Indo-Pacific Economic Framework (IPEF), the U.S. Trade Representative (USTR) announced on March 10, 2022, that it is seeking public comment on the IPEF’s Fair and Resilient Trade pillar. Under this pillar, the Administration aims to develop high-standard, worker-centered commitments in the following areas: labor; environment and climate; digital economy; agriculture; transparency and good regulatory practices; competition policy; and trade facilitation. USTR notes that the Administration is not seeking to address trade barriers at this time.

Interested parties are invited to submit comments to assist USTR in developing negotiating objectives and positions for the trade pillar, including on the following issues:

  • General negotiating objectives for the proposed agreement.
  • Labor-related matters.
  • Environment and climate-related matters.
  • Digital economy-related matters.
  • Agriculture-related matters.
  • Transparency and good regulatory practice issues.
  • Competition-related matters.
  • Customs and trade facilitation issues.
  • Issues of particular relevance to small and medium-sized businesses that should be addressed in the negotiations.
  • Other measures or practices, including those of third-country entities, which undermine fair market opportunities for U.S. workers, farmers, ranchers, and businesses.

The deadline for comments is April 11, 2022. USTR requests small businesses or organizations representing small business members to self-identify as such in comments, so that it is aware of issues of particular interest to small businesses.

The U.S. Department of Commerce is leading the IPEF pillars on (1) Supply Chain Resiliency; (2) Clean Energy, Decarbonization, and Infrastructure; and (3) Taxation and Anti-Corruption.  

Wiley has robust International Trade and Supply Chain practices. For more information about these issues or questions about how you can participate in the comment process, please contact one of the attorneys listed on this alert.

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