[CTC] Labor advisers: Administration not following consultation rules on UK and Kenya talks

[Arthur Stamoulis]

 Labor advisers: Administration not following consultation rules on UK talks
By Isabelle Icso, Inside US Trade 
07/16/2020
The Trump administration is not following its own guidelines and is violating “the spirit” of Trade Promotion Authority in its engagement with outside advisers on talks with the United Kingdom, a key labor advisory panel said this week.
The panel also faulted the administration for keeping its input on Kenya talks from the public.
The Labor Advisory Committee for Trade Negotiations and Trade Policy, which advises the U.S. Trade Representative, has “serious concerns about the consultative process on the U.S.-U.K. Trade Agreement,” according to a July 8 letter <https://insidetrade.com/sites/insidetrade.com/files/documents/2020/jul/wto2020_0325a.pdf> from Tom Conway, the panel’s chairman, to USTR Robert Lighthizer and Labor Secretary Eugene Scalia. Conway is the international president of the United Steelworkers.
The U.S. and UK have concluded two rounds of negotiations to date and have a third session scheduled for later this month. According to the committee, composed of union leaders, the administration is running afoul of its own rules and Trade Promotion Authority in dealing with outside advisory panels chartered <https://ustr.gov/sites/default/files/files/LAC%20Charter%20052020.pdf> under the tenets of the Trade Act of 1974.
Negotiations on the U.S.-Mexico-Canada Agreement “heralded a dramatically different approach than had taken place with prior agreements and Administrations,” the letter states. “In part, that engagement helped foster a discussion that led to that Agreement’s passage by Congress with the support of many stakeholders. Unfortunately, engagement and consultation on the U.S.-U.K. Trade Agreement reflects a return to the previously unacceptable approach.”
Specifically, the administration gave cleared advisers less than one hour of notice before a telephone briefing by negotiators and a “deadline of less than 24 hours to review the identified subject chapter,” the letter states.
“This follows repeated notice periods for calls that can be measured in hours and review periods for advisory committee input of only a day or two,” the letter continued. “In our view, the level of engagement and consultation fails to abide by the spirit of Trade Promotion Authority and the published Guidelines,” Conway continues, citing consultation rules <https://ustr.gov/sites/default/files/USTR%20Guidelines%20for%20Consultation%20and%20Engagement.pdf> released by USTR in 2015. “As you well know, the question of consultation with the public, advisory committees, and Congress has been a subject of long-term concern.”
TPA, which is set to expire next June, includes expansive consultation requirements for the administration to follow as it works with congressional committees of jurisdiction as well as advisory panels.
“We hope that the current process and procedures can be quickly reviewed and that a more open process that allows for adequate time for review and consultation can be adopted,” the letter states. “These changes should be applied not only to the U.S.-U.K. agreement, but for other existing and potential negotiations.”
Conway also cites committee concerns with the administration’s handling of talks with Nairobi. The U.S. and Kenya initiated a first round <https://insidetrade.com/node/169170> of trade negotiations last week.
“[W]e were recently informed that the LAC’s submitted comments on the negotiating objectives relating to the U.S.-Kenya Trade Agreement could not be shared publicly,” the letter states. “The LAC’s comments were not based on any text or confidential documents but, rather, identified the LAC’s views as to the challenges and opportunities posed by the proposed trade agreement.”
The release of advisory panel comments could “help inform the public debate” as well as members of Congress, the LAC contends.
“We recognize that other advisory committees may wish to keep their views secret, but the LAC disagrees with that approach,” Conway states. “We would hope that the Administration would review its decision to maintain secrecy on the document we prepared and other similar documents.”
The Office of the U.S. Trade Representative and the Labor Department did not respond by press time to requests for comment on the letter. 
 
 
Arthur Stamoulis
Citizens Trade Campaign
(202) 494-8826




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