Showing posts with label trade. Show all posts
Showing posts with label trade. Show all posts

Monday, April 22, 2013

A New Canada-U.S. Border Fee? Prospect of a New U.S. Fee Worries Both Sides of the Border

Will the United States slap travelers with a new fee when crossing the Canada-U.S. border?

The White House's proposed Department of Homeland Security (DHS) budget includes boilerplate directing DHS to study the "feasibility" of imposing a new Northern and Southwest cross border fee.

Beyond the Border Observer, a blog from the Woodrow Wilson Center's Canada Institute, provides some useful background and roundup of critical responses in Canada and the United States

Tuesday, April 16, 2013

Think Canada-U.S. Trade Issues Are Settled? Think Again.

By Keith Edmund White
Editor-in-Chief

With all this blog's focus on the Canada-U.S. trade and economic relationship, I realized some readers may think:   Canada-U.S. trade issues are so 1992.

Well, just look at what barriers remain between the United States and Canada.

Here's a description of Canadian barriers to U.S. trade (go to pages 53-61):



And for the Canadian perspective, check out this 2008 report (pages 19-21):  (Question:  Anyone know if there's been an update?)



A summary of these findings will be highlighted latter.  

But one take-away is obvious:  NAFTA didn't end trade issues between Canada and the United States.

Thursday, April 11, 2013

CUSLI Conference 2013 -Great Lakes Region - Panel 1: Economic Tranformation and Bi-National Cooperation

The 2013 Conference is underway.  Right now focus is on the launch of the Council of the Great Lakes Region (CGLR).

CGLIR is being launched.  And a panel of six distinguished experts in different areas of the Canada - US relationship are chatting about the importance of Canada-US organizations coming together to map out strategies to maximize the Great Lakes economic potential.

David Crane's 3 Challenges for the Great Lakes Region, and Where CGLR Must Make a Difference to Be Relevant

David Crane, of the Toronto Star, in typical fashion got to the heart of the matter.  For CGLIR to succeed it most identify and then help bring together problem solvers to tackling economic challenges in the region.

He mapped out three such challenges:


Thursday, April 4, 2013

'These Boots Made for Walking' or 'I Got You Babe'? Canadian Chamber of Commerce Pushes Canada to Diversify it's U.S.-Heavy Trade

CUSLI-Nexus talks Canada-U.S. trade relationship, with the help of some classic 60s tunes! 

The Canadian Business Journal (CBJ), an excellent and free resource to catch up with Canadian business issues, offers a Canadian Chamber of Commerce article that reviews Canada's Top 11 impediments to international competitiveness (go to page 18).

Top on the list:  Human resources.  Canadian businesses are having trouble attaining the skilled work-force they need.

But, also of note, was the Chamber's addition of trade diversification, especially in energy (cough, Keystone).  (Note:  This 'Top 11' list built off the Chamber's 'Top 10' list in February.)   

So is the Chamber telling Canada change its U.S. lullaby to this Nancy Sinatra classic?



From the Chamber's CBJ article:



Some other takeaways from the issue overall: 

  • Canada as Resource King.  From the selection of articles, Canada's resource industry dominates Canada's business scene.
  • Canada Should Up Trade Diversity, But Loving Microsoft.  While pushing trade diversification, especially in energy, note the cover story on Microsoft Canada.
  • Business and the public sector.  Business issues are social issues:  (1) note the absence of concern over healthcare costs, unlike in the United States, and (2) the need for Canada to train its workforce (or bring in skilled immigrants).  Impact:  government policies are business issues. 
  • Canada and the United States:  'I Got You Babe?'  I hate to repeat myself, but the defining issue in Canada-U.S. relations isn't whether they diversify their trade partners.  Rather, it's whether both nations harness their relationship in order to succeed in an increasingly competitive global marketplace.

Friday, March 29, 2013

BTBObserver Highlights Evolving Canada-U.S. Economic Relationship

The Canada-U.S. trade relationship is still going strong, it's just changing.

From Woodrow Wilson's Beyond the Border Observer, highlighting a profound take-away from a Financial Post article detailing a still-strong Canada-U.S. trading relationship:

Wednesday’s Financial Post has a fascinating piece on the importance and changing nature the Canada-U.S. economic relationship.  With so much attention paid to diversifying Canada’s trade portfolio, its importance to emphasis the unique and lasting value a close Canada-U.S. economic partnership has for both nations.

The driving question in Canada-U.S. trade isn’t whether Canada and the United States look for new traders partners.  Rather, it’s whether they harness their relationship in order to succeed in the 21st century global marketplace.

Thursday, March 28, 2013

Can You Be Pro-Free Trade and Increase 1,000+ Tariffs?
Sure, Just Ask Canada

Nailing down a nation’s trade policy can be tricky. 

 Just look at the trade policies of Canada under conservative Prime Minster Stephen Harper. 

Sure, Canada’s Conservative government is pushing regional and bi-national trade pacts.

But, in Canada’s latest federal budget, there are 1,253 tariffs increases. The fiscal impact: adding $300 million to Canada’s ~$5 billion in existing tariff revenues.

Read all of Stephen Gordon’s excoriation in Maclean’s here. (Note: Terence Corcoran’s Financial Post article earlier this week makes the same point). Below are some highlights:

...Yes, there were those 37 tariff reductions, but there was also the measure to ‘modernize’ Canada’s General Preferential Tariff (GPT) regime by ‘graduating’ 72 countries from the GPT; imports from these countries will now face higher tariffs. Mike Moffatt estimates those 37 tariff reductions will be accompanied by 1,290 tariff increases. By my count, there are 84 GPT countries, but I still haven’t been able to track down a list of which countries will be removed from the GPT (Update: Mike Moffatt informs me 12 of these already have separate agreements with Canada, so that brings it to 72). The budget does name some examples: Korea, China (second-most important source of imports to Canada), Korea (seventh) and Brazil (twelfth), and the GPT countries as a group account for more than 20 per cent of imports. This measure is expected to generate some $300 million in extra revenues, on top of about $5 billion in existing excise duty revenues.

So instead of a unilateral reduction in tariffs, the government is planning a unilateral increase. This is not how a pro-trade government behaves. (Imports from the countries with which the Conservatives have negotiated free trade agreements are dwarfed by those from China alone.)




I still can’t get my head around the truly bizarre notion that low tariffs are a subsidy to other countries on the part of Canadian taxpayers, especially since raising tariffs requires Canadian taxpayers to cough up an additional $300 million a year to the government. But if we needed any more evidence that this government is not serious about free trade, here it is. Instead of viewing cheaper imports as a way of increasing consumers’ purchasing power, the Conservative government views them as a problem to be solved.

After seven years in power, the Conservative trade legacy consists of higher tariffs and more obstacles to foreign investment. The Council of Canadians must be thrilled.

Friday, March 22, 2013

G&M: "The 2000s were a lost decade for Canadian exports to the United States"

Yes, the a budget dropped in Ottawa.  

But I'm finding Michael Burt's Globe and Mail article a bit more significant to the Canada-U.S. relationship's overall trajectory:
In short, Canada and the United States are becoming less dependent on one another, and, in most cases, China is the X factor. The Conference Board of Canada discusses these trends, their causes and implications in its recently published report, Walking the Silk Road: Understanding Canada’s Changing Trade Patterns.

The most resilient industries in terms of Canada’s share of U.S. imports are generally service industries. A highly educated work force, similar cultures, and a shared language have helped Canadian firms maintain their competitive position in the U.S. market. In contrast, Canada has generally lost the largest market share in manufacturing industries where labour is a major share of total costs, such as furniture manufacturing, printing and textiles. Industry specific issues can be an additional factor, such as the shift in consumer demand for flooring and cabinets away from traditional hardwood products toward those made from bamboo or more exotic hardwoods.

The link above goes to a webinar; if you want to access the actual December 2012 report, go here

 A summary of the report and webinar will be up by next Monday.

Tuesday, January 15, 2013

Beyond the Border Meat Pre-clearance Prong Hits a Snag

By Keith Edmund White, Editor-in-Chief

The after-effects of XL Foods E. coli-related beef recall are still being felt, with the Beyond the Border (BTB) pilot pre-clearance for meat shipments between Canada and the United States on ice while the U.S. reviews it's food-safety measures.

And the XL Foods beef recall, which lead to four Canadians getting sick, has given the advocacy group Food & Water Watch powerful ammunition in lobbying against the pilot program.  

The tension is clear:  while easing restrictions at the border saves $100 an hour per driver for Canadian meat shippers, concerns over eliminating U.S. safety inspections for Canadian meat post-XL Foods has frozen this aspect of BTB for the time being.

The XL Foods E. coli outbreak highlighted some very troubling aspects of the Canadian and American meat 'safety net', in both the meat-processing and contamination response consumer protection safeguard systems.  

Perhaps the pause in the pre-clearance program will allow business groups and advocacy groups--like the Food & Water Watch organization--can work together to ensure meat screening systems in both countries are equally robust, ensuring a safe and efficient flow of products throughout Canada and the United States. 

CBC reported yesterday on Food & Water Watch's recent lobbying effort, and resulting Canadian concern over deteriorating U.S. confidence in the Canadian food safety system:

An internal Foreign Affairs memo expressed concern that U.S. "confidence in the Canadian food safety system" could be undermined in the wake of last fall's XL Foods beef recall. 
... 
Josée De Menezes, the department's acting director of the Sanitary and Phytosanitary Measures Division, expressed that concern on Sept. 27 in a widely distributed departmental briefing note obtained under the Access to Information Act by CBC News Network's Power & Politics. 
Specifically, the note refers to a U.S. campaign to halt a meat pre-clearance pilot project that is part of the Canada-U.S. Beyond the Border initiative announced last year by Prime Minister Stephen Harper and U.S. President Barack Obama. 
... 
Tony Corbo, a senior lobbyist for Food & Water Watch's food campaign, said the Sept. 18 letter to the U.S. agriculture secretary, which his group helped write, speaks for itself. 
"I'm not trying to indict Canadian meat as being less safe than U.S. meat," Corbo told CBC News. "But the fact of the matter is we have photographs indicating there was visible fecal contamination on meat products coming into the United States that were inspected at these border inspection stations. And we don't understand why there is an attempt to de-regulate a system that is actually working." 
... 
The Canadian Meat Council is one of several groups that have been pushing for the pilot project to cut delays at the border. 
"The pilot project itself only talks about getting the re-sampling, testing or inspections, getting it away from the border," said James Laws, the council's executive director. 
He said the rest of the shipments not slated for testing will be "pre-cleared" before reaching the border, allowing them get to market sooner. 
A council presentation on the project argues that "redirecting Canadian meat trucks to U.S. inspection centres also wastes time and fuel" and delays drivers from getting back on the road, at a cost of "roughly $100" per hour.

Wednesday, December 19, 2012

Dawson Strategic's December Briefing: A TPP Holiday Season

For readers interested in the Trans-Pacific Partnership (TPP), do check out Dawson Strategic's December briefing. Whether on the big-picture, or the leading issues within the TPP talks, the briefing's three articles are must-reads.

One particularly interesting section of Dawson Strategic's December article, The TPP: What's In It For Canada?:
Beyond its defensive interests, the TPP is a central component of Canada’s Asian and emerging markets strategy. Much of 2013 will likely be spent reconciling the trade rule-making interests and capacities of advanced industrialized economies with those of emerging economies such as Vietnam and Peru. Advanced economies like the U.S., New Zealand, Australia and Canada will bump up against each other on issues like investor-state dispute settlement and dairy market access, but there will be relatively few fireworks. In areas like intellectual property and labour mobility, the commitments that Canada is making with the EU are likely to go much deeper than anything we can expect from the TPP.

Image of the Day: Canada-U.S. Trade

The Globe and Mail offers some interesting graphs of where Canadian business leaders think their export market heading in the near-future.

Check out all the results and related articles here, but this graph was the most surprising--showing that most  participants believing America's share of Canada's export market will stay the same or even increase:


Monday, December 17, 2012

UOttawa Law Prof Geist Hits Canadian Government's TPP Secrecy

By Keith Edmund White, Editor-in-Chief

Dr. Michael Geist, a leading voice on copyright and UOttawa professor with a syndicated column on technology law to boot, last Sunday hit the Harper government for its lack of transparency over Canada's participation in the Trans-Pacific Partnership (TPP).

The column's main value added for other similar articles: its focus on the content of Canadian public commentary on the TPP and the TPP split in the Canadian business community. From Geist's column:
In addition to tens of thousands of form letters and emails criticizing the TPP, the government received hundreds of individual handcrafted responses that unanimously criticized the proposed agreement.

A review of more than 400 individual submissions did not identify a single instance of support for the agreement. Rather, these submissions typically expressed concern with the prospect of extending the term of copyright or adopting restrictive digital lock rules.

The documents also revealed that the Canadian business community was split on the agreement, with numerous companies and associations identifying concerns about the potential direction of the TPP.

Leading telecommunications companies, including Bell, Rogers, Shaw and Telus, cautioned against changes to Internet provider liability rules; groups representing the blind warned against new restrictions to accessing digital materials; Oxfam Canada worried about the TPP’s impact on pharmaceutical pricing; and the Canadian Library Association expressed fears about a reversal of recent changes to copyright damages rules.
Main lesson:  trade policy always picks winners and losers--the fight is over who they should be.  

Now there is a fair rejoinder to Geist's thesis:  If trade deal talks are ever fully transparent they'll never be concluded, since free trade pits the generalizable benefits of liberalized trade against the deep and particularized interests of a few key economic actors, and Mancur Olson collective action tragedy always wins.   Now was that last statement wildly shallow and profoundly undemocratic?  Yes.

For the sake of balance, I'll highlight (again) Beyond the Border, 2013: Inching Toward a Deal by Colin Robertson in Wednesday's iPolitics.

Monday, November 26, 2012

Are Canada's Economic Fortunes Turning? Putting Q3 Numbers in (Some) Economic & Policy Context

By Keith Edmund White, Editor-in-Chief

iPolitics and WSJ offer an illuminating one-two punch on the Canadian economy, both--in different ways--putting Canada's not-so-thrilling economic numbers in context. The big economic question:  Is Canada's energy-heavy and (now fading) housing market boom finally weighing down Canada's phenomenal post-08 financial crisis economic performance?  Well, let's start with the snap numbers, and then review the WSJ take.  And when it comes to the policy impact of this news, particularly Canada's relationship with the United States, CBC's report on a confidential Canadian foreign policy report gives some helpful input.  So, with introductions out of the way, let's warm-up that cooling coffee with a Canadian economic web round-up!

iPolitics reports on Canadian third quarter 2012 blues, and America's economic uptick:

“Canada’s economy in the third quarter succumbed to a litany of lapses,” says CIBC World Markets economist Emanuella Enenajor, citing government austerity and weakness in trade, energy shipments, housing, and business investment. CIBC projects the quarterly economic report card Friday will reveal growth slowed dramatically to an anemic annual pace of just 0.5 per cent from 1.9 per cent in the second quarter.
On the other hand, America is enjoying what has typically been Canadian luck in the years following the 2008 financial crisis:
In contrast to Canada, the US economy is picking up steam, with Scotia Capital economists projecting growth third quarter growth there will be upwardly revised Thursday to a relatively robust 2.7 per cent annual pace from the initial 2.0 per cent estimate.
Oh, and let's not ask about the EU:
“In terms of the global third quarter growth scorecard, it looks like the US has picked up some momentum, Canada is slowing down and the European Union is in outright recession,” says Scotia Capital economist Derek Holt. 
So, should Harper be breathing a deep sigh of relief that Canada's electoral system has bought him three plus years to ride out the storm? Well, maybe.

From WSJ:

Most economists say Canada can ride out the storm. But this trade-dependent nation—far less scarred by the recession than its larger neighbor to the south—is suddenly looking vulnerable, just as a number of indicators suggest brighter days ahead for the U.S.

While the recession laid global peers low, Canada's strong bank balance sheets funded continued consumer spending during the recovery. Years of that easy credit in turn helped give rise to a housing boom that has underpinned an economy already benefiting from another surge—in commodity prices.

Today, global commodity prices are weakening, and home prices in some of Canada's hottest markets are leveling off or falling. Canadian households, meanwhile, are as leveraged as they have ever been after years of extremely low interest rates. Since September 2010, the Canadian central bank's benchmark interest rate has been at 1%.
It's no surprise then that Canadian policy makers are pushing increased trade as a way to prop up Canada's declining economic performance.  The solution: expand Canadian access to emerging markets, particularly Asia.  From last week's CBC News report showing revealing a "confidential government document" that urges Canada is expand trading opportunities, even if this means pursuing economic deals with countries "where political interests or values may not align":
A confidential government document obtained by CBC News warns the Harper government has been slow to open new markets in Asia, leaving Canada firmly tied to the troubled U.S. economy for a long time to come.

The document prepared by Foreign Affairs and dated Sept. 6 is a draft of a highly classified new "Canadian foreign policy plan" the Conservative government has been preparing for more than a year.

The draft briefing paper for the federal cabinet states: "We need to be frank with ourselves — our influence and credibility with some of these new and emerging powers is not as strong as it needs to be and could be.


"Canada's record over past decades has been to arrive late in some key emerging markets. We cannot do so in the future."

The Harper government itself took the slow road to China.
So, good news:  An American recovery could help lift Canada, both in manufacturing and likely increase in energy demand.  Downside, a slopping EU isn't going to help matters on either front, and something should be done about that housing trouble--beyond the superficially appealing solution of privatizing Canada's Housing and Mortgage Corporation

Wednesday, November 21, 2012

Canada’s Asian Trade Strategy & the Trans-Pacific Partnership

By Thomas H. Au, Staff Writer

Critics concerned that key Canadian interests in intellectual property, pharmaceuticals and agriculture were impaired by ‘sitting out’ of Round 14 of the Trans-Pacific Partnership (TPP) are focused on a relatively insignificant scene within a much larger mural. Rather, the issue is whether the TPP compliments other Canada trade agreements, or if it conflicts with the function and purpose of other bilateral agreements. Only then can we determine whether the TPP is part of a cohesive, beneficial trade strategy in Asia, or a fractured approach that will create confusion for Canadian businesses operating overseas.

First, this piece outlines the calls for a more aggressive Canadian trade strategy in Asia. Second, it discusses the implications of Canada’s lacking a true seat at the TPP negotiating table in Round 14. Third, it addresses other potential bilateral trade agreements with China and Japan. It concludes that the TPP functions as a baseline to expand trade, upon which other more specific trade agreements can be built, such as those with Japan or China.

Calling for a More Aggressive Asian Trade Strategy

In the last six months, there have been increasing calls for Prime Minister Harper to adopt a more aggressive Canadian trade strategy in Asia.[i] The underlying impetus appears to be a perception that “Canada must negotiate solid, ambitious trade agreements...to help replace declining trade with the USA.”[ii] However, individual initiatives, including the TPP and bilateral trade agreements with China and Japan have received harsh criticism from political opponents[iii] and interest groups.[iv] These mixed messages create a challenging political environment where leaders can be faced with what appears to a “no-win” situation in domestic Canadian politics.

Looking Back at TPP Round 14 and Forward to TPP Round 15

Initially, Canada’s so-called “absence” raised the important question of whether it will “lose” by sitting out Round.[v] At the heart of this issue is Canada’s agreement to abide by the texts that have already been negotiated and agreed upon by the nine current TPP members.[vi] However, this absence has not harmed Canadian interests on key issues including intellectual property, pharmaceuticals, and agriculture.

Canada’s “absence” is simply explained by the fact that each negotiating country must first ratify Canada’s participation through their own internal, domestic processes. This process was only completed on October 9, 2012.[vii] Now that Canada has formally joined negotiations, the key is to look forward towards Canadian goals and aspirations for what the TPP should look like in the end.

TPP: A “High Standard” Trade Agreement In Canada’s Interests? 

Some Canadians have raised concerns that not only is the TPP mostly beneficial to the U.S., but that the TPP is redundant in light of other Canadian trade agreements.

First, many consider the U.S. to be the driving force behind the TPP’s most restrictive obligations.[viii] Of the nine countries currently negotiating the TPP, the United States has some of the ‘highest’ levels of regulation across a number of economic sectors. Likewise, the United States is well known for viewing the TPP as a vehicle for a “state-of-the-art” or “high standard” trade agreement.[ix] While not confirmable, the inference that could be drawn is that the United States may attempt to use the TPP either to develop unique “high standards” (think not of NAFTA-2, but more likely something akin to a next generation Paris[x] or Berne Convention[xi] or to conform the rights and obligations available in other nations with those available under existing U.S. law. This has created political friction in Canada. Critics are concerned that participating in a “high standard” agreement means radical changes in Canadian policies, ranging from “drugs [pharmaceuticals], copyright, [to] environmental and public health rules.”[xii]

Second, some dispute that the TPP actually adds any benefit that Canada does not already receive through NAFTA or other bilateral trade agreements (consider Chile and Peru).[xiii] Simply, NAFTA already includes the United States and Mexico, which “make up the lion’s share of the TPP” in terms of market size and trading power.[xiv] This leads to a legitimate question: “How much more free access can yet another [multilateral] free trade agreement provide?[xv]

While the draft texts of the TPP are not public, official statements from the United States do not suggest that any extensive agreements were reached on the issues most pressing for Canadians. For instance, the United States Trade Representative’s press release on the Leesburg Round noted “progress” on issues including market access, customs, rules of origin, technical barriers to trade, sanitary and phytosanitary standards, cross border services, telecommunications and government procurement.[xvi] However, the release only reported a “continued focus” on intellectual property issues.[xvii]

If more extensive agreements had been reached on intellectual property rights, it is likely that these issues would have been listed in the first “progress” or “mov[ing] forward” statements. This suggests that no major agreements were reached regarding intellectual property rights. On the other hand, it is not clear from this statement what types of agreements where reached regarding key Canadian agricultural products, such as dairy, grain, and (loosely defined) lumber. Again, while pharmaceuticals were not directly mentioned, it is unlikely that any significant progress was made on these issues. However, pharmaceutical issues are frequently addressed as a component of intellectual property rights, or even investment or manufacturing (depending on how one wishes to address these issues). This should relieve Canadian concerns, indicating that Canada still has time to make its positions clear and exert significant influence over the outcome of the TPP.

TPP Negotiations: Multilateral, Bilateral, or Other? 

On September 24, 2012, the Office of the USTR held a hearing regarding Canada’s entry into TPP negotiations.[xviii] While seen as a forum for discussing specific interests and objectives,[xix] what is peculiar about the hearing is the official silence from the Canadian government. In fact--during, immediately prior to, and immediately after the 14th Round (as well as the USTR’s public hearing on Canada’s entry into the TPP), there were no official news releases on the subject from Prime Minister Stephen Harper, Foreign Affairs and International Trade Canada (Canadian Ministry), or the Embassy of Canada in Washington, D.C. One would think that participation or comment on these proceedings would give Canada the opportunity to publically advocate for its most important values (for both domestic and international audiences) as well as exert pressure just before Round 15.

In fact, on the eve of Canada’s official joining to the TPP, Ed Fast, the Canadian Minister of International Trade and Minister for the Asia-Pacific Gateway only released a short statement, remarking that “[o]pening new markets and increasing Canadian exports to fast-growing markets throughout the Asia-Pacific region is a key part of our government’s plan to create jobs, growth and long-term prosperity.”[xx]

Canadian Bilateral Trade Agreements with China and Japan 

In Canada’s view, Japan and China are two markets that have remained largely untapped. In 2011, the Canadian-Chinese trade relationship was valued at approximately $46.8 to $65.6 billion USD.[xxi] Similarly, a joint study concluded that a bilateral free trade agreement between Canada and Japan could add $4.4 to $4.9 billion to Japan’s GDP and $3.8 to $9.0 billion to Canada’s GDP.[xxii] While Canada has had a tepid response to Chinese calls to begin a bilateral trade negotiation,[xxiii] Canada and Japan have announced that their first round of negotiations in support of a bilateral trade agreement will commence on Nov. 26, 2012.[xxiv]



[i]Don Campbell, Paul Evans & Pierre Lortie, A Coherent Strategy Towards Asia Needed (Sept. 12, 2012), http://www.asiapacific.ca/editorials/canada-asia-viewpoints/editorials/coherent-canadian-strategy-towards-asia-needed.
[ii] Peter Clark, TPP Negotiations Present Far More Questions Than Answer, iPolitics (Oct. 12, 2012) http://www.ipolitics.ca/2012/10/12/peter-clark-tpp-negotiations-present-far-more-questions-than-answers/.
[iii] CTVNews Video, Opposition Grills Harper Over China-Canada Trade Deal,
http://www.theglobeandmail.com/news/news-video/video-opposition-grills-harper-over-china-canada-trade-deal/article4796558/.
[iv] Heather Scoffield, Investment Deal with China Would Leave Canada a Resource Colony: Opponents, Canadian Business (Oct. 30, 2012), http://www.canadianbusiness.com/article/104651--investment-deal-with-china-would-leave-canada-a-resource-colony-opponents; Sheila Harrington, Trade Agreements Costly for Taxpayers, Canada.com (Nov. 2, 2012), http://www.canada.com/Trade+agreements+costly+taxpayers/7487585/story.html.
[v] See, e.g., Inside U.S. Trade, Canada, Mexico To Join TPP Talks In October After Leesburg Round, World Trade Online, August 31, 2012, available at http://insidetrade.com/Inside-Trade-General/Public-Content-World-Trade-Online/canada-mexico-to-join-tpp-talks-in-october-after-leesburg-round/menu-id-896.html.
[vi] CBC News, What Is the Trans-Pacific Partnership? CBC News World, June 20, 2012, available at http://www.cbc.ca/news/world/story/2012/06/20/f-trans-pacific-partnership-explained.html.
[vii] Press Release, Honourable Ed Fast & Foreign Affairs and International Trade Canada (Oct. 9, 2012) available at http://www.international.gc.ca/media_commerce/comm/newscommuniques/2012/10/
09a.aspx?view=d.
[viii] Peter Clark, TPP Negotiations Present Far More Questions Than Answer, iPolitics (Oct. 12, 2012) http://www.ipolitics.ca/2012/10/12/peter-clark-tpp-negotiations-present-far-more-questions-than-answers/ (“The TPP could result in extra-territorial application of U.S. laws, particularly in the Intellectual Property area including criminalization of non-commercial infringement.”).
[ix] See, e.g., USTR, FACT SHEET: The United States in the Trans-Pacific Partnership: Increasing American Exports, Supporting American Jobs, June 19, 2012, available at http://www.ustr.gov/about-us/press-office/fact-sheets/2012/june/us-tpp-increasing-american-exports-supporting-american-jobs; see generally, Banyan, Parners and Rivals, Another Ambitions Trade Agreement Gets Bogged Down, Sept. 22, 2012, http://www.economist.com/node/21563292.
[x] World Intellectual Property Organization, Summary of the Paris Convention for the Protection of Industrial Property (1883), WIPO.int, http://www.wipo.int/treaties/en/ip/paris/summary_paris.html (last visited Nov. 13, 2012). 
[xi] World Intellectual Property Organization, Summary of the Berne Convention for the Protection of Literary and Artistic Works (1886), WIPO.int http://www.wipo.int/treaties/en/ip/berne/summary_berne.html (last visited Nov. 13, 2012).
[xii] Brent Patterson, NEWS: Council Critiques Canada’s Entry into the Trans Pacific Partnership Talks, Council of Canadians, June 20, 2012, available at http://canadians.org/blog/?p=15828; but see UPS, Canada Using Global Trade to Grow Economy, Says UPS COO (June 19, 2012) available at http://pressroom.ups.com/Press+Releases/Archive/2012/Q2/ci.Canada+Using+Global+Trade+to+Grow+Economy,+Says+UPS+COO.print.
[xiii] John Hancock, The Wrong Trade Agreement, Canadian Int’l Council, June 21, 2012, available at http://www.opencanada.org/features/blogs/roundtable/the-wrong-trade-agreement/.
[xiv] Id.
[xv] Id.
[xvi] USTR, Progress Continues in Trans-Pacific Partnership Talks, USTR.gov, Sept. 15, 2012, available at http://www.ustr.gov/node/7751 (emphasis added).
[xvii] Id.
[xviii] USTR, USTR Holds Public Hearing on Canada and the Trans-Pacific Partnership, USTR.gov, Sept. 24, 2012, available at http://www.ustr.gov/about-us/press-office/press-releases/2012/september/USTR-hearing-Canada-TPP.
[xix] See, e.g., John Kelly, Clay Hough Testifies on Canada Joining TPP Talks, IDFA.org, Sept. 26, 2012, http://www.idfa.org/key-issues/category/global-markets/details/7689/.
[xx] Press Release, Canada Formally Joins Trans-Pacific Partnership, Foreign Affairs & International Trade Canada (Oct. 9, 2012), http://www.international.gc.ca/media_commerce/comm/news-communiques/2012/10/09a.aspx?view=d.
[xxi] Economic Partnership Working Group, Canada-Chinese Economic Complementaries Study. 3.4.1, Foreign Affairs & International Trade Canada (Oct. 29, 2012), http://www.international.gc.ca/trade-agreements-accords-commerciaux/agr-acc/china-chine/study-comp-etude.aspx?view=d#cn-tphp.
[xxii] Randall Palmer, Canada, Japan to Start Trade Talks Next Month, Reuters (Oct. 29, 2012), http://ca.reuters.com/article/domesticNews/idCABRE89S19320121029.
[xxiii] Paul Vieira, Canada Trade Min: Committed to Deeping Trade/Investment Ties with Canada, WSJ (Oct. 1, 2012), http://online.wsj.com/article/BT-CO-20121001-708453.html.
[xxiv] Plamer, supra note 20. 

Friday, October 19, 2012

Canada-China Bilateral Investment Treaty: Smart Stepping Stone, or Bad Deal for Canada?

By Keith Edmund White 
Editor-in-Chief


Two reports on iPolitics show the interesting tug-of-war over the policy wisdom of the Canada-China Bilateral Investment Treaty (BIT).  (Note:  These type of treaties are also called Foreign Investment Promotion and Protection Agreements or FIPAs.)  In short, it's clear Canada is not getting an even deal with China on investor protections.  But, in return, Canadian businesses may be rewarded with greater access to the Chinese market in the future.  And in a time where international competition for China is stiff, and the strong role of the Chinese government in the Chinese economy, Canada may (1) have gotten the best deal it could and (2) be effectively playing the trade long-game.

iPolitics brings out Scott Sinclair’s concerns over the Canada-China BIT.  Summed up, Sinclair laments the lack of debate over—let alone public knowledge—the deal.   Here are Sinclair’s concerns, boiled down:

  • Not Reciprocal on its Face. The big trade-off?  Performance requirements on foreign investments.  China “can continue to impose conditions on foreign investors, such as requirements to use local suppliers, take local business partners, train local workers and management, and transfer technology.”  Under NAFTA, Canada is already boxed out of this.   The lingering question?  Why would Canada negotiators give China such a considerable gimme? 
  • Is investor-state arbitration really an equal benefit to Canadian investors in China and Chinese investors in Canada?  With “the persuasive role…of the Chinese government in all facets of its economy, it would be a brave or foolhardy Canadian investor would invoke investor-state arbitration against the Chinese government.” 
  • Chinese investors could take Canadian environmental regulations to arbitration.
  • Weaker transparency requirements for arbitration rulings. 


So, the big question:  Why is the Harper government so pumped to push the deal through?   It may be the first step to a bigger deal between Canada and China.  iPolitics gets some great China-Canada BIT context from John Bosariol, one of the authors of a great primer on the deal.   In short, Bosariol talks up just getting China to agree to arbitral tribunals and suggests that the China-Canada BIT could open the door to a larger agreement down-the-road:
In other words, the investment treaty is really just a stepping stone to something larger — potentially dealt with in a free trade agreement — though Minister Fast said on Monday that it’s a little early to start talking about that.

“When that happens, you’ll see that we’ll have an investment chapter in that agreement and that’ll supersede this. But still the principle here that China has opened itself up to being sued in front of an independent arbitral tribunal — I think is a big step for Canada.” 
Unsolicited and perhaps simple insight on trade negotiations with China:   with China’s market is so much bigger, and sought-over by other nations, it seems clear any trade deal—whether on investments only or on bigger trade deals—will always be slightly titled in China’s favor. 

But the DeSmogBlog.com does show the regional aspect of this investment deal in Canadian politics.  Osgoode Law Faculty member Gus Van Harten notes that this deal isn't really designed for Canadian manufacturers (read:  think Ontario and Quebec), but rather for Canadian energy producers (read:  Alberta).  Naturally, the Conservative Party finds its greatest strength in Canada's central region--so it's no surprise that the party's economic growth plan would be pegged to the energy economy, which can often be at odds with pro-manufacturing policies.  From Carol Linnet's excellent series of interviews with Gus Van Harten:
Yes, I mean, it’s pretty clear that the Harper government does not have as its priority support for the established manufacturing sector, and that its higher priority is to get investments into the resource sector to get the resources out of the ground and generate economic activity in that way. It’s not a bad short-term strategy if you want to create some growth, but as a long term strategy it’s not good because it puts too many of our eggs in one basket. And because resource prices are notoriously unreliable, and finally because if the resource extraction activities are owned by foreign companies, then over the long term they will be earning the profits from the exploitation of our resources rather than Canadian companies. (Note:  Emphasis taken from the original posting.)
But, then again, there's another way to look at this.  Canada wants access to China's market.  What does Canada offer China?  Energy.  So Harper is opening the door with the carrot, in hopes of getting a more balanced deal in the future.  Is this the right way to go?  For a middle power like Canada it seems like, overall, yes.  Now on the particulars of the deal, could Canada have gotten a better deal?  Well, that's for a post-Harper government policy book that explores, with the actual decision-makers, the Harper government's trade and economic strategy.  (Shameless plug:  I, for one, would be thrilled to help put together such a work!)

In any case, CUSLI-Nexus gives props to iPolitics and DeSmogBlog.com for bringing some needed attention to the China-Canada BIT/FIPA.

Thursday, September 27, 2012

Will Trans-Pacific Partnership Talks Update or Downgrade NAFTA?

By Keith Edmund White, Editor-in-Chief

New Zealand's trade minister thinks Trans-Pacific Partnership (TPP) trade talks could be a springboard for opening up NAFTA.  Is he right?  CUSLI-Nexus looks at how TPP talks could update NAFTA, but then asks the tough trade question:  do bilateral and regional free trade agreements help international trade, or do they just kick the can on the big divides within the international trading system?  Thanks to iPolitics, Rabble.ca, Skynews.com.au, and Tax-News.com from their excellent reporting that stretches from Toronto to Singapore.

On Monday, New Zealand’s trade minister—at a convention hosted by the Canadian Council of Chief Executives—“said the TPP [Trans-Pacific Partnership] talks could allow negotiators for Canada, the United States and Mexico to update the 18-year old NAFTA deal.”

How would TPP update NAFTA?  From an excellent iPolitics report by Elizabeth Thompson:

In an interview with iPolitics following his speech, [NZ trade minister Tim] Groser said changes to NAFTA wouldn’t be part of the formal TPP agenda but the TPP agreement could trump NAFTA provisions the same way NAFTA superceded the original Canada-U.S. free trade deal.

So what is there to update in NAFTA? U.S. chicken and dairy sectors want more access to the Canadian market, with other U.S. industries wanting to keep pushing Canada on strengthening their intellectual property regime. From a Rabble.ca Wednesday article reviewing the lingering Canada-U.S. trade barriers in the NAFTA-era:


U.S. industry groups, including the main poultry and dairy associations, complained about Canada's supply management policies and intellectual property regime during a Monday hearing at the United States Trade Representative on Canada's entry to the ongoing Trans-Pacific Partnership trade negotiations. Meanwhile, in its presentation to the USTR, the AFL-CIO urged the U.S. government to incorporate "a new approach to trade policy, one that prioritizes benefits for working families, not simply benefits for multi-national or global enterprises (MNEs)."

Reuters reported Monday that the U.S. dairy and chicken sectors are sore they never received access to Canada's market as promised in NAFTA. High tariff walls and low quotas prevent exports of these goods from any country from flooding the Canadian market, which is supplied mainly by Canadian farmers and farm production.

Now getting a TPP agreement is by no means a sure thing.  From an excellent article in today’s SkyNews.com.au emphasizing that 2013 will be the make-or-break year for TPP:
While it's believed around half of the TPP's 29 chapters are finished, Australian Trade Minister Craig Emerson concedes most of the low-hanging fruit has been picked.

'It'll be 2013 when the big negotiations on the hard issues are conducted,' Emerson told AAP on the sidelines of the APEC Summit in Russia this month.

Emerson points to market access as the toughest nut to crack.
And, of course, what about the macro-question:  Do ‘small’ regional trade pacts or possibly ‘big’ regional trade pacts like TPP good or bad for encouraging a free-flow of trade world-wide?  From this there’s perhaps no better—if perhaps biased—source than Pascal Lamy, the Director General of the World Trade Organization (from today’s Tax-News.com):
While noting that the increased negotiation of regional trade agreements has contributed to freer trade, he drew attention to the fact that regional trade agreements have sprung up due to an impasse in global free trade talks under the auspices of the Doha Development Agenda.

He reiterated that on average, each member of the WTO belongs to no fewer than 13 separate preferential trade agreements. "This means that in addition to their multilateral commitments, WTO members on average have to manage an additional 13 separate trade regimes. I do not think you will disagree with me that this cannot be the most efficient way to trade and to do business across national frontiers."
In addition, Lamy—talking at a Singapore event hosted by the European Chamber of Commerce—lists five drawbacks of pursuing free trade agreements (FTAs) on a bilateral and regional level, skipping over WTO talks:
  • FTAs create trade costs:  multiple, overlapping trade pacts create their own trade costs.
  • New FTAs undermine old FTAs.  Newer FTAs-instead of building on past ones--lower of the value of existing trade pacts.
  • The FTA box-out factor:  If you’re not in the FTA club, the FTA is—in effect—now a trade barrier to non-members.
  • FTAs reward procrastination:  Countries are selectively picking how to pursue free trade, skipping over tougher issues, which mainly impact smaller, weaker members of the world trading system.
  • FTAs Undermine WTO consensus:  the more bilateral and regional FTAs you make, the harder it can be to get countries to agree to world-wide agreements on trade.
Naturally, there's an easy rejoinder these concerns:  let's have freer trade where we can have it

In any case, international trade may be the big, under-reported story of 2013.  And it will be interesting to see if TPP can be finalized, and what impact a finalized TPP agreement--a trans-Pacific trade pact that would exclude China--might have on trade disputes between China and the United States, and--from that--on divisions at the WTO.

Tuesday, September 18, 2012

Woodrow Wilson Center Talks Shale Gas With Jim Slutz

Jim Slutz, president and managing director of Global Energy Strategies LLC, talks on American shale gas production in this informative interview with Lynann Butkiewcz.

Some highlights:
  • America has tons of natural gas. "[America's] natural-gas resource base, which includes proven and unproven reserves, is now estimated at 2203.0 TCF, or almost 90 years of supply."
  •  Shale gas will soon be leading source of U.S. natural gas.  "EIA (Energy Information Administration) projects that from 2010 to 2035, natural gas production from shale formations will rise from 23% to 49% of the U.S. gas supply. The term “game-changer” is often used and is very appropriate for this development." 
  • FTAs and U.S. regulation of natural gas exports.  The Department of Energy (DOE) authorizes natural gas exporters, using a two-tiered process.  For countries that America has free-trade agreements (FTAs), the export automatically considered in the public interest and, once all regulatory steps are taken,  DOE authorization is granted.  But for those nations with FTAs, a more complicated process follows.  In short, America's trade relations and review process has a direct impact on American natural gas exporters.  Learn more about DOE's natural gas regulation, which is governed by the Natural Gas Act of 1938.  Finally, check out Michael Levi's discussion paper, A Strategy for U.S. Natural Gas Exports, a publication of the Brookings Institute's Hamilton Center.  The paper reviews U.S. gas regulation, and puts forward a trade strategy for the U.S. to push for global market-based pricing and transparency.
  • America and Canada's energy relationship--and Canadian pipeline concerns.  "The United States can be a partner to Canada as a market for additional crude oil from the oil sands. The only restriction is the need for added pipeline capacity. The United States has extra capacity in oil refineries, which are specifically designed to process heavy oil, so it makes economic sense to ship more oil to the United States. The regulatory delays by the U.S. government regarding the Keystone XL pipeline are directly responsible for Canada’s increased urgency in seeking oil-export opportunities in Asia. This has also raised concerns by Canadians about whether Canada is overly reliant on the United States as a trading partner."
  • Challenges to exporting natural gas to Asia:  Asia's long-term gas lock & oil-pricing pegs. America's short-term contracts put barriers to exporting cheaper U.S. natural gas to Asia. 
"It will be a long time before a global gas market develops. While there may be movement in that direction, challenges exist to the development of a U.S.-style, Henry Hub–type market. Gas markets in Asia and the United States function quite differently. In Asia, much of the gas supply depends on LNG, which requires huge upfront investment and therefore is predicated on long-term contracts, typically twenty years. These contracts use oil prices as a basis for determining gas value. In the United States, gas is traded independently of oil price and on a much shorter-term basis. A typical contract in the United States is measured in months, not years. Long-term contracts will remain a key component of LNG project development because of the financing required to undertake the infrastructure construction. The other important component of pricing is to remember is that there is a significant cost to liquefy and transport LNG, in most cases more than the cost of the gas. Therefore, just because there is a current significant differential between U.S. and Asia prices does not automatically mean that exporting gas to Asia will be economically attractive for the long term."