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United States – European Union Transatlantic Trade and Investment Partnership Privileged Attorney-Client Communication United States – European Union Transatlantic Trade and Investment Partnership Privileged Attorney-Client Communication

Rationale: Win-Win! (in a “modestly optimistic” way) “The transatlantic economic relationship is already the Rationale: Win-Win! (in a “modestly optimistic” way) “The transatlantic economic relationship is already the world’s largest, accounting for half of global economic output and nearly one trillion dollars in goods and services trade, and supporting millions of jobs on both sides of the Atlantic…. A high-standard Transatlantic Trade and Investment Partnership would advance trade and investment liberalization and address regulatory and other non-tariff barriers. Through this negotiation, the United States and the European Union will have the opportunity not only to expand trade and investment across the Atlantic, but also to contribute to the development of global rules that can strengthen the multilateral trading system. ” -- US-EU Joint Leaders’ Statement, February 13, 2013 “We’re modestly optimistic that we can get this done. I think in the past, the EU, because they’ve got to coordinate among so many countries, consistently had to pursue the lowest common denominator…. What I think has changed is the recognition throughout Europe that it is hard for them to figure out a recipe for growth at this point, in part because of the austerity measures that have been put in place throughout the eurozone, in the absence of a more aggressive trade component. So I think they are hungrier for a deal than they have been in the past. So we’ve narrowed down the issues. I think it will still be a heavy slog. ” -- President Obama, speaking to the President’s Export Council, March 12, 2013 Privileged Attorney-Client Communication

Modest Optimism By the Numbers § Annual GDP gains: $154 billion vs. $123 billion Modest Optimism By the Numbers § Annual GDP gains: $154 billion vs. $123 billion § Export gains: 28% vs. 8% § Global income boost: $130 billion § The hard part? 80% of potential TTIP gains from liberalizing services trade, reducing non-tariff barriers, and opening government procurement. Privileged Attorney-Client Communication

Different Process, Different Breed of FTA • Global Recession • Need for growth Political Different Process, Different Breed of FTA • Global Recession • Need for growth Political will Privileged Attorney-Client Communication High Level Working Groups on Jobs and Growth • Need for process • And a manageable agenda • Political commitment • “Don’t let the perfect be the enemy of the good. ” TTIP

Will TTIP be a “Real” FTA? KORUS FTA 1. Initial Provisions and Definitions 2. Will TTIP be a “Real” FTA? KORUS FTA 1. Initial Provisions and Definitions 2. National Treatment and Market Access for Goods 3. Agriculture 4. Textiles and Apparel 5. Pharmaceuticals and Medical Devices 6. Rules of Origin (ROOs) and Origin Procedures 7. Customs Administration and Trade Facilitation 8. Sanitary and Phytosanitary Measures (SPS) 9. Technical Barriers to Trade (TBT) 10. Trade Remedies 11. Investment 12. Cross-Border Trade in Services 13. Financial Services 14. Telecommunications 15. Electronic Commerce 16. Competition-Related Matters 17. Government Procurement 18. Intellectual Property Rights (IPR) 19. Labor 20. Environment 21. Transparency 22. Institutional Provisions and Dispute Settlement 23. Exceptions 24. Final Provisions & Non-Conforming Measures Privileged Attorney-Client Communication Prospective TTIP – “Living Agreement” Market Access Track: § Goods: Immediate tariff elimination and ROOS § Services: Market access § Agriculture § Highly contentious § Ag subsidies: 3 rd rail of trade policy? “Regulatory Cooperation” Track: § Customs Administration § TBT and SPS (EU resistance on SPS) § Non-tariff barriers to trade (sectoral and cross-sectoral) § Transparency (i. e. , rule-making processes) Other Tracks and Off Table Issues: § Intellectual Property § EU wants Geographical Indicators (GIs) on and copyright off the table § EU Parliament rejected the ACTA Treaty § How reconcile EU single patent system? § Pharmaceutical issues § Data privacy: Continued internal EU debate § Investment: Different models § Trade remedies: Off the table for both sides § Government procurement: Irresistible force/immovable object § Internet governance: Emerging issue

Regulatory Cooperation – TTIP’s Negative Sum Game What’s in a name? Issues & Sectors Regulatory Cooperation – TTIP’s Negative Sum Game What’s in a name? Issues & Sectors Harmonization Convergence Regulatory Cooperation Mutual recognition Privileged Attorney-Client Communication Reform § § § § Customs Administration Technical Barriers to Trade Sanitary and Phytosanitary Measures Rule-making transparency Services eligibility Banking and financial E-commerce Healthcare & Pharmaceuticals * A catch-all meant to capture the universe of non-tariff barriers – will it really be comprehensive?

The “Other” Issues: What’s in? What’s out? Where do they go? Mandate Problems Indicative The “Other” Issues: What’s in? What’s out? Where do they go? Mandate Problems Indicative Issues § Intellectual Property (IPR) § § § § § Privileged Attorney-Client Communication EU: Geographical Indicators (GIs) and copyright? EU Parliament rejected the ACTA Treaty How to reconcile the EU single patent system? Rx/Gx/BIO: Data protection? Trademarks and internet domain names Data Privacy Investment Government Procurement Trade Remedies Internet Governance

Pre-Launch Phase: March – June 2013 Over here… Privileged Attorney-Client Communication Over there… Pre-Launch Phase: March – June 2013 Over here… Privileged Attorney-Client Communication Over there…

Your Organization and the Pre-Launch Phase § Congress § § § USTR § § Your Organization and the Pre-Launch Phase § Congress § § § USTR § § How will a new USTR matter? Public stakeholder forum concluded April 10 -11 th. Next hearings May 29 -30, comment deadline May 10 th. What’s a TPSC anyway and what does it do? § § § § Ways & Means, Finance, plus expanded committee activism throughout oversight process What is the USTR/Congressional dynamic in this Administration? Big Four: USTR, Commerce, State, Treasury (always cover the Big 4!) IPR issues: USPTO, LOC (copyright), White House IP Coordinator Investment: add Justice Drug regulatory: FDA, USPTO, Public Health Service Environmental regulatory: EPA, White House CEQ, Energy/Climate czar Internet and telecoms: FCC Of course you can lobby at the 11 th hour! § § § Singapore: chewing gum and capital controls Korea: auto dispute mechanism Colombia: Labor, Labor and Labor Privileged Attorney-Client Communication

Road Map to Negotiations § April – June is critical pre-negotiation phase. § USTR Road Map to Negotiations § April – June is critical pre-negotiation phase. § USTR first hearings May 29 -30. § House Ways & Means and Senate Finance have yet to set hearings. § EC ahead of schedule, Commission draft mandate went to member states March 12. § Your organization’s interests best served through parallel advocacy. § USTR and key TPSC agencies. § Indicated regulators and the race to define “regulatory convergence/harmonization/cooperation. ” § Do you have a political argument you are not making? § Congressional approach – grass tops to rooftops. § District, State and jurisdictional committees. § Remember the non-trade committees will be vital. § Post-Lisbon Treaty has created an empowered EU Parliament. § Ignore EU member states at your own peril. § Timeline for conclusion? Privileged Attorney-Client Communication

Can you live with a living agreement? A limited bargain… Managing priorities § Front Can you live with a living agreement? A limited bargain… Managing priorities § Front burner issue? Reduced agenda § Can you trust in a yet to be determined institutional process? Future promises Political pressure Privileged Attorney-Client Communication § What’s the price of patience? § “Living agreement” a nonacceptable Plan B for most issues