It was widely reported today that President Trump has instructed Larry Kudlow, Director of the National Economic Council, and Robert Lighthizer, United State Trade Representative, to explore negotiations for the reentry of the United States into the Trans-Pacific Partnership, which the President had earlier withdrawn from on his third day in office.

The big question that this leaves open is on what terms that entry will be conditioned. The suspension of the majority of the Intellectual Property chapter of the agreement had been considered a key victory by digital rights activists, but the USTR is certain to seek the reactivation of the suspended provisions.

Project: transparency and participation

UK Trade Bill 

Since the last newsletter, there has been a fresh version of proposed amendments to the Trade Bill under negotiation in the United Kingdom. These amendments, if passed, would restrict UK from being a signatory to a free trade agreement unless the consolidated texts were made publicly available within ten days after each round of negotiation, amongst other conditions.

Passage of the Bill with these amendments would establish national best practices that could eventually help raise the standards for other countries, beginning with the UK's trading partners. Campaign group Global Justice Now has called on MPs to pass the amendment and is also working to raise awareness of the lack of public input in trade processes. The Trade Bill was scheduled, to return to the House of Commons for its report stage in the spring, however recent reports suggest that progress on has stalled as parliamentary process has been postponed until May.

Congressional Progressive Caucus

The U.S. Congressional Progressive Caucus has released A Fair Trade Agenda: Renegotiating NAFTA for Working Families. The document provides broad recommendations for a renegotiated NAFTA such as the need to respect the human rights of all individuals in the signatory countries to more tailored recommendations on patent terms. Crucially the report includes some crucial recommendations on improving transparency of the NAFTA process. It calls on the USTR to ensure that all NAFTA negotiating texts to be made publicly available after each negotiating round with the opportunity for public comment. The Caucus notes, that given that NAFTA’s terms extend far beyond traditional trade matters, it is critical to ensure regular opportunities for review, debate, and democratic accountability.

Project: digital trade policy advocacy

Regional Comprehensive Economic Partnership (RCEP)

The 21st round of negotiations held in Indonesia in February, Regional Comprehensive Economic Partnership (RCEP) was followed by the 4th RCEP Ministerial Meeting in Singapore in March. Reports suggest that text negotiations have advanced with some chapters nearing conclusion. Negotiating countries have also reached agreement on Economic and Technical Cooperation and on Small and Medium Enterprises chapters.

Despite the intensity in efforts, significant progress has been lacking due to complications brought about by non-ASEAN negotiating countries Australia, China, India, Japan, New Zealand and South Korea. These countries do not have existing bilateral free-trade agreements (FTAs) with each other yet, resulting in a slowdown in the finalization of the trade deal. Nations have different approaches to digital trade, and differences on key areas like cross-border data flows and data storage remain. Emerging markets resist accepting any pact that includes digital trade principles while advanced nations seek restrictions on setting up servers and guarantees for the movement of data.In the end, member nations merely keep reaffirming their intention to eventually reach an agreement.

The next RCEP Ministerial Meeting will be in July 2018 and member nations have committed to have substantial documents ready before the end of October. The next round of negotiations are scheduled to begin in April 2018.

North American Free Trade Agreement (NAFTA)

The 7th round of the NAFTA negotiations were held from February 25 to March 5 in Mexico City, and the once-planned 8th round has been cancelled, with no formal negotiation rounds planned for now. President Trump has been reported as saying that there is no timeline for completion of the talks, though a deal is close.

Although advances have been made in some other chapters, reports suggest that virtually the whole of the agreement's IP chapter remains up in the air. The divide between tech companies, seeking broad safe harbor provisions and fair use rights, and the content industry who are opposing such policies, remains. Mounting pressure from the creative industries could result in a new NAFTA IP chapter that favors content producers over tech companies.

UNCTAD eCommerce Week

The fourth edition of UN Conference on Trade and Development (UNCTAD) E-Commerce Week takes place in Geneva between April 16 and April 20. With this years theme focusing on "Development Dimension of Digital Platforms", the forum will bring together governments, private sector, development banks, academia and civil society representatives to discuss opportunities and challenges before the evolving digital economy.

Key issues expected to be debated during sessions include the development implications of the use of digital platforms in terms of: data privacy, competition, job creation and the sharing of benefits. Other issues include legal questions related to e-transactions and e-signatures, consumer protection online, data protection, cybercrime, taxation and domain names.

Quick Links
Brussels Declaration on Trade and the Internet

IGF Dynamic Coalition on Trade and the Internet

bilaterals.org

UN Conference on Trade and Development

World Trade Organization

Upcoming Events
UNCTAD eCommerce Week 16-20 April

Internet Governance Project Annual Workshop 24-25 May


Contacts
Electronic Frontier Foundation

European Digital Rights

Knowledge Ecology International

OpenMedia

Public Citizen

Public Knowledge

Trans-Atlantic Consumer Dialogue