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Free Trade Agreements: Impact on U.S. Trade and Implications for U.S. Trade Policy William H. Cooper Specialist in International Trade and Finance February 26, 2014 Congressional Research Service 7-5700 www.crs.gov RL31356 Free Trade Agreements: Impact on U.S. Trade and Implications for U.S. Trade Policy Congressional Research Service Summary Free trade areas (FTAs) are arrangements among two or more countries under which they agree to eliminate tariffs and nontariff barriers on trade in goods among themselves. However, each country maintains its own policies, including tariffs, on trade outside the region. In the last few years, the United States has engaged or has proposed to engage in negotiations to establish bilateral and regional free trade arrangements with a number of trading partners. Such arrangements are not new in U.S. trade policy. The United States has had a free trade arrangement with Israel since 1985 and with Canada since 1989, which was expanded to include Mexico and became the North American Free Trade Agreement (NAFTA) effective in January 1994. U.S. interest in bilateral and regional free trade arrangements surged, and the Bush Administration accelerated the pace of negotiations after the enactment of the Trade Promotion Authority in August 2002. U.S. participation in free trade agreements can occur only with the concurrence of Congress. In addition, FTAs affect the U.S. economy, with the impact varying across sectors. The 112thCongress and the Obama Administration faced the question of whether and when to act on three FTAs pending from the Bush Administration—with Colombia, Panama, and South Korea. Although the Bush Administration signed these agreements, it and the leaders of the 110thCongress could not reach agreement on proceeding to enact them. No action was taken during the 111thCongress either. After discussion with congressional leaders and negotiations with the governments of Colombia, Panama, and South Korea to assuage congressional concerns regarding treatment of union officials (Colombia), taxation regimes (Panama), and trade in autos (South Korea), President Obama submitted draft implementing legislation to Congress on October 3, 2011. The 112thCongress approved each of the bills in successive votes on October 12, along with legislation to renew an aspect of the Trade Adjustment Assistance (TAA) program. President Obama signed the bills into law on October 21, 2011. In the meantime, on November 14, 2009, President Obama committed to work with the current and prospective partners in the negotiations to form a Trans-Pacific Partnership (TPP) Agreement. The TPP is a free trade agreement that includes nations on both sides of the Pacific. The TPP negotiations emerged from an FTA that included Brunei, Chile, New Zealand, and Singapore and that entered into force in 2006. Besides the United States, Australia, Canada, Japan, Malaysia, Mexico, Peru, and Vietnam have joined the negotiations. Furthermore, the United States has been negotiating with the 28-member European Union to form the Transatlantic Trade and Investment Partnership (TTIP). FTAs raise some important policy issues: Do FTAs serve or impede U.S. long-term national interests and trade policy objectives? Which type of an FTA arrangement meets U.S. national interests? What should U.S. criteria be in choosing FTA partners? Are FTAs a substitute for or a complement to U.S. commitments and interests inpromoting a multilateral trading system via the World Trade Organization (WTO)? What effect will the expiration of TPA have on the future of FTAs as a trade policy strategy? Free Trade Agreements: Impact on U.S. Trade and Implications for U.S. Trade Policy Congressional Research Service Contents What Are Free Trade Areas? ............................................................................................................ 2Why Countries Form FTAs .............................................................................................................. 3FTAs in the Context of U.S. Trade Policy ....................................................................................... 3Obama Administration Policy and Recent Developments ............................................................... 5Economic Impact of FTAs ............................................................................................................... 8FTAs and the WTO ........................................................................................................................ 10The Debate Over FTAs .................................................................................................................. 11Conclusions and Implications for Congress .................................................................................. 14Tabl es Table 1. U.S. Free Trade Agreements .............................................................................................. 7Contacts Author Contact Information........................................................................................................... 15Free Trade Agreements: Impact on U.S. Trade and Implications for U.S. Trade Policy Congressional Research Service 1 n the last few years, the United States has considered bilateral and regional free trade areas (FTAs) with a number of trading partners. Such arrangements are not new in U.S. trade policy. The United States has had a free trade arrangement with Israel since 1985 and with Canada since 1989. The latter was suspended when the North American Free Trade Agreement (NAFTA) that included the United States, Canada, and Mexico went into effect in January 1994. U.S. interest in bilateral and regional free trade arrangements surged, and the Bush Administration accelerated the pace of negotiations after the enactment of the Trade Promotion Authority in August 2002. U.S. participation in free trade agreements can occur only with the concurrence of Congress. In addition, FTAs affect the U.S. economy, with the impact varying across sectors. The 112thCongress and the Obama Administration faced the question of whether and when to act on three pending FTAs—with Colombia, Panama, and South Korea. Although the Bush Administration signed these agreements, it and the leaders of the 110thCongress could not reach agreement on proceeding to enact them. No action was taken during the 111thCongress either. In addition, the Trade Promotion Authority (TPA) expired on July 1, 2007, meaning that any new FTAs agreed to would not likely receive expedited legislative consideration, unless the authority is renewed.1After discussion with congressional leaders and negotiations with the governments of Colombia, Panama, and South Korea to assuage congressional concerns regarding treatment of union officials (Colombia), taxation regimes (Panama), and trade in autos (South Korea), President Obama submitted draft implementing legislation to Congress on October 3, 2011. The 112thCongress approved each of the bills in successive votes on October 12, along with legislation to renew an aspect of the Trade Adjustment Assistance (TAA) program. In the meantime, on November 14, 2009, President Obama committed to work with the current and prospective partners to form the Trans-Pacific Partnership (TPP) Agreement. The TPP is a free trade agreement that includes nations on both sides of the Pacific. The TPP grew out of an FTA that included Brunei, Chile, New Zealand, and Singapore. Besides the United States, Australia, Canada, Japan, Malaysia, Mexico, Peru, and Vietnam have also joined the negotiations.2Furthermore, the United States is negotiating with the European Union to form the Transatlantic Trade and Investment Partnership (TTIP).3FTAs raise some important policy issues: Do FTAs serve or impede U.S. long-term national interests and trade policy objectives? Which type of an FTA arrangement meets U.S. national interests? What should U.S. criteria be in choosing FTA partners? Are FTAs a substitute for or a complement to U.S. commitments and interests inpromoting a multilateral trading system via the World Trade Organization (WTO)? What effect will the expiration of TPA have on the future of FTAs as a trade policy strategy? 1For more information on TPA, see CRS Report RL33743, Trade Promotion Authority (TPA) and the Role of Congress in Trade Policy, by William H. Cooper. 2For more information on the TPP, see CRS Report R42694, The Trans-Pacific Partnership(TPP) Negotiations and Issues for Congress, coordinated by Ian F. Fergusson. 3For more information on the TTIP, see CRS Report R43387, Transatlantic Trade and Investment Partnership (TTIP) Negotiations, by Shayerah Ilias Akhtar and Vivian C. Jones. IFree Trade Agreements: Impact on U.S. Trade and Implications for U.S. Trade Policy Congressional Research Service 2 This report will monitor pending and possible proposals for U.S. FTAs, relevant legislation, and other 113thCongress interest in U.S. FTAs. What Are Free Trade Areas? Free trade areas are part of the broad category of trade arrangements under which membercountries grant one another preferential treatment in trade. Preferential trade arrangements include the following: • free trade areas(FTAs), under which member countries agree to eliminate tariffs and nontariff barriers on trade in goods within the FTA, but each country maintains its own trade policies, including tariffs on trade outside the region; • customs unions, in which members conduct free trade among themselves and maintain common tariffs and other trade policies outside the arrangement; • common markets, in which member countries go beyond a customs union by eliminating barriers to labor and capital flows across national borders within the market; and • economic unions, where members merge their economies even further by est
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