Why is the TPP such a Big Secret?

by: Tim Robertson, California Fair Trade Coalition

Next week in Dallas, negotiations for what’s likely to be the largest Free Trade Agreement (FTA) in U.S. history will continue in near total secrecy, despite growing demands for an open process. The darkness surrounding the talks isn’t surprising, considering the American public’s increasing disapproval of FTAs and the laundry list of corporate handouts under discussion. What is surprising is United States trade representative Ron Kirk’s growing crackdown on public involvement, despite claims of “unprecedented transparency.”

The Trans-Pacific Partnership Free Trade Agreement (TPP) is being negotiated as a nine country FTA between the U.S., Australia, Brunei Darussalam, Chile, Malaysia, New Zealand, Peru, Singapore and Vietnam. Canada, Japan and Mexico are all expected to join talks, and many see more Pacific Rim countries including China and Russia eventually signing on. With floundering WTO talks, the TPP could very well establish U.S. trade policy for the next generation, yet all talks are happening behind closed doors and public influence has been increasingly suppressed.

Just this February, during unannounced TPP meetings in Los Angeles, the USTR apparently strong-armed the host hotel into canceling a health group-sponsored luncheon seeking to expose how Big Pharma’s patent rights demands challenge AIDS treatment worldwide. Meanwhile, 20th Century Fox, itself lobbying for severe copyright measures, were permitted to give trade negotiators amulti-hour tour of their film-production facilities.

This lopsided allocation of influence has been standard for the TPP. Corporations and their lobbyists have seen consistent access to the negotiations — about 600 corporate advisors can review and comment on working TPP texts — and trade negotiators from partner countries. The Washington International Trade Association’s ”World Trade Reception” for Trans-Pacific FTA negotiators featured the A-Team of corporate lobby groups and some of the most powerful corporations in the U.S. hobnobbing amongst trade ministers, with nary a voice for the public, unions, environmental or public health groups.

So, what exactly is the USTR hiding? Well, there are quite a few damning secrets:

Secret No. 1: The TPP is covertly attacking the same internet freedom rights that spurred online protests over ACTA and SOPA.

Secret No. 2: The TPP would make it more enticing for corporations to offshore jobs by opening our market to Vietnamese labor, which has significantly lower average wages than China.

Secret No. 3: The TPP could be a death sentence to patients with AIDS, tuberculosis, and other treatable diseases around the world.

Secret No. 4: The TPP would ban capital controls and impose limits on financial regulation, including post-recession checks on firm size and risky investments.

Secret No. 5: Americans hate FTAs! Recent polls have found more than twice as many Americans think FTAs hurt than help, and 69 percent of Americans think they cost jobs, which they do.

The list goes on, as there are 26 separate negotiating chapters, covering issues as diverse as labor, environmental, and procurement rules, which just drew the ire of 69 Members of Congress.

Congress has also lamented the continued secrecy of the negotiations. After proposing Senate amendments forcing TPP transparency, U.S. Sen. Ron Wyden (D-Ore) told Kirk, “I feel very strongly with respect to TPP about getting the proposals that you’re looking at… online so that the public can have a chance to be heard on it,” during a March Senate Finance Committee hearing.

None of this has dissuaded the USTR from the non-democratic nature of the talks. Starting in Dallas, he’s actually doubling down by eliminating the day-long stakeholder presentation program, leaving civil society just a side tabling session.

The only way the corporate shopping list that is the TPP can get past public scrutiny is if no one ever hears about it. Fortunately, activists are fighting back May 8 to 18 in Dallas, and an online petition has already garnered thousands of signatures calling on Kirk to release TPP proposals.

We’ve learned from past FTAs that exposure to the light of democracy can stop them in their tracks. The TPP is no different. Please help return democracy to trade talks by signing the petitionand sharing this article.

http://www.huffingtonpost.com/tim-robertson/trans-pacific-partnership_b_1476261.html

Korea trade deal unlikely to benefit Chrysler, CEO says

by David Shepardson from The Detroit News

Washington —Chrysler-Fiat CEO Sergio Marchionne told lawmakers Wednesday he is skeptical of the benefits of some free-trade agreements, and urged caution about proceeding with some new agreements.

In a Detroit News interview on Capitol Hill, Marchionne said he didn’t expect Chrysler would receive any benefits from the recently ratified Korea Free Trade agreement, but said he was withholding judgment on the U.S.-Colombia Trade Agreement.

“We have to make sure that when we sign these damn things, we can enforce them in terms of it being truly free,” Marchionne said. “When (companies) tell you that maybe some of these things are really not very good, there’s a reason for this. It’s not because I’m into protectionist measures.”

Marchionne noted that Fiat-Chrysler is a global company. “We’re just telling you that it’s not a fair world out there, so don’t think by legislating a free trade agreement you’re going to make the world fair,” he said.

Marchionne said the benefits of some free trade agreements are in question. He warned Congress against moving forward without considering other barriers to entry by U.S. products besides taxes. “Free trade is a big issue for me,” he said.

The United States Trade Representative’s Office is considering allowing Japan and other countries to join nine-party talks aimed at creating the Trans-Pacific Partnership. U.S. Trade Ambassador Ron Kirk has repeatedly said that Japan needs demonstrate a commitment to open its markets.

Ford Motor Co. has been strongly opposed to allowing Japan to enter the talks, as has a group representing Detroit’s Big Three automakers.

President Barack Obama has repeatedly said he wants to see more U.S.-built autos sold in Korea. In 2010, U.S. automakers exported just 7,500 vehicles to Korea, while Korea shipped 562,000 vehicles to the United States.

A report from the U.S. International Trade Commission in April 2010 said the deal would help Korean automakers more than U.S. companies.

Marchionne met with members of Michigan’s congressional delegation to discuss trade and other issues, and give them an update on Chrysler’s business plan.

Separately, Marchionne said the city of Detroit, which is in talks with the state of Michigan over its financial future, needs to address its fiscal problems. “Any restructuring story at the end of the day has got to restructure the cost base,” he said. “I don’t know one (restructuring) that works without it.”

Marchionne said he had studied an alliance with French carmaker PSA Peugeot Citroen. “I spent a long time considering it and talking to them a long time,” Marchionne said. “There are things that line up in the stars … I can’t force the congruence of the skies. If it doesn’t happen, it ain’t gonna happen.”

This month General Motors Co. announced it is taking a 7 percent stake in the French carmaker, as part of a new alliance aimed at jointly developing new vehicles.

In an interview Friday, GM CEO Dan Akerson said the alliance wouldn’t’ solve all of the automaker’s European issues.

Marchionne said Chrysler is having a strong sales month. He said he’s pleased with the progress the Fiat brand has made in the United States. “We’ve still got some work to do, but it’s going to be a good year,” he said.

He echoed Akerson, who said last week that it is possible the U.S. auto market will total 15 million vehicles in 2012. “It’s possible, but I don’t think it’s likely,” Marchionne said.

He said the U.S. economy is doing much better. “Europe is incredibly envious of what they are seeing over here. It’s not flawless,” Marchionne said.

Unlike the visits of prior auto CEOs, Marchionne wasn’t asking Congress for any assistance. “I didn’t come here asking for money. I didn’t leave any money, which is a good thing,” he joked.

dshepardson@detnews.com

(202) 662-8735

From The Detroit News: http://www.detroitnews.com/article/20120328/AUTO0101/203280455#ixzz1qcP5sxls

Labor, Manufacturing Groups Launch “Should Be Made In America” Campaign in East Bay

By: Tim Robertson, director of the California Fair Trade Coalition, re-posted from The Labor’s Edge

In front of a sweeping view of the $7.2 billion Bay Bridge construction project, leaders of major labor and manufacturing groups held a press conference Monday to launch a new campaign challenging the offshoring of public infrastructure projects. The effort, entitled “Should Be Made in America,”plans to use the iconic new east span of the bridge a rallying symbol, given that much of it was manufactured in China.

The nationwide campaign, organized by the Alliance for American Manufacturing (AAM) and the United Steelworkers (USW), kicked off with two Oakland billboards noting the “100% Foreign Steel” used in the project. Organizers want policymakers to consider the broader economic advantages of sourcing domestically, not just the lower bids received from foreign, often Chinese firms.

“Our campaign is designed to spark changes in federal, state, and local procurement policies. We are engaging the American public with real and practical ideas about how taxpayer money should be spent on rebuilding our nation,” said AAM Executive Director Scott Paul. “The problems with the Bay Bridge project could have been avoided if California officials had made it in America. Instead, the project is costing American jobs, undermining California’s environmental goals, and facing numerous delays.”

The USW was particularly critical of the decision, given how helpful sourcing the project domestically would have been for its members. “The foreign steel was produced and fabricated in giant steel modules that made a 22-day journey across the Pacific Ocean to be welded in place to form the most expensive project in California history,” said USW District 12 Director Bob LaVenture. “The steel manufacturing could have been done here to benefit American workers, but Caltrans and the state’s political leadership failed in their economic vision.”

Some elected officials are already embracing infrastructure insourcing. Alameda-Contra Costa Transit District Director-at-Large Joel Young spoke of his recent efforts to insource the manufacturing of at least $16.4 million worth of district buses from a Belgium-based firm to the Hayward-based Gillig. The deal will keep their full staff, which includes members of IBT Local 853 and IUPAT District 16, working for at least a year.

“California will be spending billions on infrastructure over the next few decades,” said Young. “We need to invest those dollars in our communities to create jobs. When we put Californians to work, we generate revenue for the state and we spend less on our social safety net. It’s common sense.”

Also participating in the event were the Blue Green Alliance, Oregon Iron Works, and the California Fair Trade Coalition (CFTC).

Beyond putting Californians to work, the CFTC is concerned that accepting bids from Chinese firms perpetuates a system of worker and environmental exploitation that allows cheaper production. Additionally, predatory trade practices such as currency manipulation and state industrial subsidies make it even more difficult for American workers to compete. Leveling the playing field will not only make it easier to create U.S. jobs, but will help put international pressure on China to improve labor practices and promote healthier communities.

But with over 12% unemployment in California, creating jobs is key. “No workers in the world are more productive than California workers,” said California Labor Federation Executive Secretary-Treasurer Art Pulaski. “The Bay Bridge should have been 100% Made in America. Unfortunately, that didn’t happen. Our leaders must not make that mistake again.

“Taxpayer dollars shouldn’t subsidize outsourcing. Those dollars should be putting Californians to work.”

Auction 2012: Big Money’s Next Trade Goal Is ‘NAFTA With Asia’

by Dan Froomkin from The Huffington Post

Auction 2012 is a weeklong series in collaboration with “The Dylan Ratigan Show” and United Republic

The 1994 North American Free Trade Agreement soured the American public on trade deals that were supposed to boost the economy — remember thegiant sucking sound that followed? — but it left America’s globe-spanning corporate behemoths panting for more.

Since then, powerful business interests have cheered the signing of 19 more such agreements. The three most recent, with South Korea, Colombia and Panama, won congressional approval in October.

These trade agreements have been an enormous boon to multinational corporations, making it easier for them to shift production to lower-cost countries, move capital across borders, expand into new markets and overcome foreign legal hurdles. They are consistently a top priority for the big-business lobbying groups, including the U.S. Chamber of Commerce, the National Association of Manufacturers, the Business Roundtable, the Financial Services Roundtable, the American Farm Bureau, Pharmaceutical Research and Manufacturers of America, and the Retail Industry Leadership Association.

Despite being hawked as job-creating measures that open the world to American goods, however, these trade agreements have historically resulted in massive outsourcing of U.S. manufacturing jobs and increases in exports.

“They may be enhancing corporate efficiency, but they’re not enhancing job creation here in the U.S.,” said Michael Wessel, a trade strategist who works with the labor movement.

And now the White House is forging another one — this time a regional compact, known as the Trans-Pacific Partnership (TPP) Agreement, with Australia, Brunei Darussalam, Chile, Malaysia, New Zealand, Peru, Singapore and Vietnam. It’s the first trade agreement entirely negotiated by President Barack Obama, the biggest since NAFTA — and potentially a lot bigger if and when China and Japan join in, as they are expected to eventually.

The goal, according to the Office of the U.S. Trade Representative, is “to enhance trade and investment among the TPP partner countries, promote innovation, economic growth and development, and support the creation and retention of jobs.”

This is a whole new kind of pact, the trade representative says. It will include “new cross-cutting issues not previously included in trade agreements, such as making the regulatory systems of TPP countries more compatible so U.S. companies can operate more seamlessly in the TPP market.”

A CONSPIRACY OF SILENCE

Figuring out what this agreement will actually do is difficult, as the public is being kept almost entirely in the dark regarding the ongoing negotiations. The draft text, for example, is only being circulated to “cleared advisers,” who include dozens of corporate lobbyists and only a handful of labor and good-government advocates.

The first official word that ordinary people — and Congress — will get about what’s been agreed to is when the deal is complete, and all that’s left is an up-or-down vote.

In the meantime, however, common sense dictates that dropping trade barriers with a low-wage country like Vietnam, for instance, isn’t going to do wonders for the U.S. textile or apparel industries. And leaked drafts of the occasional chapter have made consumer and good-government advocates fear the worst.

As Zach Carter reported in October for The Huffington Post, one set of leaked documents shows Obama administration negotiators trying to reverse reforms made during the George W. Bush administration that were designed to increase access to affordable medicines in developing countries. Instead, the U.S. would impose a set of restrictive intellectual property laws that would help American drug companies secure long-term monopolies overseas and increase drug prices.

The Electronic Frontier Foundation, one of the groups that led the recent, successful grassroots opposition to two bills that would have given corporations new powers to censor the Internet, sees the TPP as a backdoor effort to rewrite global rules on intellectual property enforcement — including U.S. rules.

The proposed Stop Online Piracy Act and Protect IP Act were “bad laws prepared in secret, but they were defeated once they had to face public opinion,” Maira Sutton, international outreach coordinator for the foundation, wrote via email. “The scary thing about secret agreements like TPP … is that they may already be well along the process by the time the public has a chance to learn about them and speak up, which means that unpopular censorship provisions, like those in SOPA and PIPA, can be slid in under the radar.”

Public Citizen, the nonprofit consumer advocacy group, warns that the pact will likely allow foreign companies to sue governments to enforce the agreement in United Nations and World Bank tribunals. There, Pubic Citizen argued, “they can demand taxpayer compensation for domestic policies that investors claim undermine their new privileges established in the pact.”

THE POWERS THAT BE

“The polling shows Americans on a bipartisan basis hate our current system of trade agreements,” said Lori Wallach, director of Public Citizen’s Global Trade Watch. “In the light of this, in an election year, how is it possible that this huge NAFTA with Asia is being discussed — much less that the Obama administration is rushing it forward, trying to get it done this summer?”

Wallach answered her own question: Major business interests use these trade agreements to push policies that won’t fly even in a Republican Congress “by branding them as free trade, trade expansion — all those appealing brands.”

Behind this continuous stream of trade agreements, she said, are banks, multinational manufacturers, Big Pharma, Big Tobacco, oil and gas companies, agribusiness and other sectors — all pursuing their bottom lines. “This literally is in one fell swoop one of the most elegant one-percenter corporate power grab mechanism ever designed,” Wallach said.

Click image to enlarge.

The corporate lobbyists were certainly out in force this past fall, in the run-up to the vote on the latest three trade agreements, the biggest one of which was with South Korea.

The Chamber of Commerce combined forces with Boeing, Chevron, Pfizer, Goldman Sachs and Citigroup to form a U.S.-Korea FTA Business Coalition. Other big-business groups and major corporations joined them in their full-court press.

By contrast, the outgunned opposition was led by consumer groups and small, domestic companies, who, unable to seize the same opportunities available to multinationals, have found themselves steadily losing market share and forced to cut production and jobs.

The final House votes weren’t even close. Republicans wanted the pacts so badly they overcame their aversion to supporting anything Obama proposes and voted overwhelmingly in favor. Most Democrats opposed the president — but even among the opponents, Wallach said, the passion was dimmed.

Ever since the Supreme Court legalized unlimited political spending by corporations, Wallach said, “the dynamic is totally different.” The greater threat that deep-pocketed corporations now pose to any incumbent with an even slightly contested seat looms over every exchange between lobbyists and members of Congress.

TO BRING MANUFACTURING BACK

In his 2012 State of the Union address, President Obama announced a plan to “bring manufacturing back” to the United States through tax code changes — eliminating a tax break that rewards outsourcing, expanding a tax cut for domestic manufacturers and imposing a minimum tax on overseas profits.

But previous free trade deals have already made the incentives for outsourcing so strong that these measures, even if implemented, would likely fail, said Lee Sheppard, contributing editor at Tax Analysts, a nonprofit publisher of tax information.

“You can’t use the tax law to make up for things that you gave away with trade deals,” Sheppard said. U.S. jobs are lost, he said, “when we let in products made by poorly paid workers who live in dormitories and work 12 hours a day.”

How will the TPP fare in the end? The corporate giants who will profit are bound to keep pushing it forward, as they have earlier trade agreements.

But Wessel, who looks at the effects of free trade agreements beyond the corporate bottom line, remains skeptical about these deals: “The benefits have not materialized.” But he’s holding on to some hope for the TPP “that there will be enough changes in the approach that they will maximize benefits for American workers. I think it is too early to tell.”

Blocking a trade agreement, Wallach said, takes a combination of mass media coverage, grassroots activism and members of the public making clear they will hold their congressmen accountable. But the increasingly complex nature of the agreements, combined with their free-trade branding, has resulted in too little coverage of trade issues, she contended. “The mainstream media doesn’t dig into it,” Wallach said.

And that may make all the difference. “If people understood what this really was,” she said, “they’d be surrounding the trade representative’s office with pitchforks.”

The Auction 2012 series explores the ways industries influence policymaking in five areas: banking, energy, health care, trade and education. Read Dylan Ratigan’s blog post introducing the series and his blog post on trade.

Insourcing Infrastructure: A Local Transit Director’s Plan to Bring Back Jobs

by Tim Robertson, director of the California Fair Trade Coalition, re-posted from the Huffington Post

The Bay Area Rapid Transit District’s (BART) decision to contract with an overseas firm to construct 775 new BART cars, a $4.2 billion public investment,sparked a public outcry. Because the cars will be built overseas, the overhead for the project, which includes the cost of international travel and housing for safety inspectors, will be enormous. BART officials claim that they had no choice because they didn’t receive any bids for the work from U.S. firms, noting that there are no longer any domestic manufacturers that make light rail cars. They further claim that the high overhead, estimated at more than 50 percent of the total cost, is “well within the norm for transit agencies purchasing new vehicles.”

This story underscores the failure of state and federal policymakers to form a strategy to source public investments in the U.S. and to support manufacturing in general. In the middle of the greatest economic crisis in generations, our government is sending billions of dollars overseas instead of supporting job growth at home, all while entering into international trade agreements, such as the KORUS FTA and the under-negotiation Trans-Pacific Partnership (TPP), that will severely restrict the ability of future policymakers to source public investments locally. Americans overwhelmingly support Buy American policies and want government to support manufacturing, which they view as essential to our economic future.

In response to the BART contract decision, I sat down with Joel Young, the Director-at-Large for the Alameda-Contra Costa Transit District (AC Transit) — who recently supported policies to move AC Transit’s bus contract from a Belgian manufacturer to a Bay Area firm — to discuss what policymakers could be doing to source contracts locally. An edited version of our discussion follows:

ROBERTSON: Why should transit agencies source infrastructure projects locally?

YOUNG: Three reasons. First, that’s what our constituents are asking us to do. Taxpayers want their money to be spent on local workers and as elected officials, we have a responsibility to make sure that public dollars are spent according to public values. Second, sourcing overseas wastes taxpayer money. When I first joined the AC Transit Board, one of the first items that caught my attention was the incredible cost of sending employees back-and-forth to Belgium to manage our bus contract there, not to mention the generous living expenses provided while they are overseas. Third, we have to recognize the positive benefits for our agency of contracting locally. Local workers support our economy in all sorts of ways. They buy houses in the East Bay, they pay property taxes, and they spend money at local businesses, creating more jobs for our economy and more revenue for the agency; that multiplier effect needs to be factored into each bid when we assess it, and that’s not happening right now.

ROBERTSON: U.S. Trade Representative Ron Kirk recently told me that American workers don’t want these kind of jobs. Do you think that’s true?

YOUNG: I think that’s crazy. Unemployment in Alameda County is extremely high and the one thing everyone asks their elected officials is what are you doing to create jobs? Manufacturing jobs offer good pay and benefits. They’re highly desirable.

ROBERTSON: What about the argument that American workers lack the necessary skills?

YOUNG: The skill deficit is a real issue. As these jobs went overseas, our skilled workforce declined. Now that we want to compete in infrastructure and green tech, we’re finding that our education system is not set up to prepare young people for those kinds of jobs. State Senator Loni Hancock and others have created partnerships with trade unions to provide job-specific training, but there is still a lot of work to be done.

In the East Bay right now, young men of color are dropping out at an incredible rate. They’re more likely to end up in prison than to gain a four-year degree. It’s easy to blame the kids, but we’re not giving them a fair deal. Many jobs these days require a B.A., a series of unpaid internships, and a graduate degree. Most young people cannot afford to put in that much time and take on that much debt. If we create another path with a shorter timeline, young people will be more likely to stay in school. Working in modern manufacturing requires real skills, math skills, but the training period is much shorter. We should give young people that choice.

ROBERTSON: Some say that manufacturing jobs are never coming back, and that we should focus on research and design jobs. Do you think that pursuing manufacturing work would be a step backwards for our economy?

YOUNG: There’s a perception out there that Americans will keep getting all of the research and design jobs and that we can send all of the manufacturing work overseas. With modern manufacturing, that’s a fantasy. Companies need their engineers to be close to the manufacturing site because perfecting the process is just as important as perfecting the design. If we want the value-add work, we need to have a manufacturing base.

China recognized this decades ago. You can’t have one without the other. That’s why they invested in their infrastructure and supported their manufacturers. Now they’re matching us in research-and-development expenditures and awarding far more engineering doctorates than we are.

ROBERTSON: So what can we do differently to rebuild our manufacturing base?

YOUNG: This isn’t a simple problem and there’s no simple answer. First of all, government agencies need to get together and make a clear statement to taxpayers and the private sector that we are dedicated to spending tax dollars in our local community. If we issue a joint statement to that effect and we work together on developing our procurement rules, that would be a start.

The next step would be to develop a long-term strategic plan to support our manufacturing industry. High-tech manufacturing requires a complex support network. You need sources of innovation. That requires universities and venture capital networks. You need capital. You need facilities and transportation infrastructure. And you need a workforce with a specialized skill set to execute the work. To suggest that all of that can occur on its own without some amount of intervention is absurd. It requires regular communication and planning, cooperation between labor, business, and government. A country like Germany is a great example. Germany has high labor costs and a high per capita income. Yet Germany continues to be very competitive in manufacturing and exporting goods because they have strong cooperation between business, unions, and government.

I know this sounds difficult to execute and that’s why it makes sense to start with infrastructure. We knew that we would have to replace the BART cars for decades. Those cars are highly specialized because they run on a different track width than standard rail cars. Any company bidding on that work will have to create new machines and new materials to be able to manufacture the cars. With more planning, all of that work could have happened here, at a substantially lower cost to taxpayers.

The Bay Bridge span’s another great example. We knew that we were going to have to replace the span years ago but we failed to make a plan to build it here. China had a plan to build projects like the Bay Bridge span. The Chinese government realizes that, with the world industrializing at a pace never seen before in history, infrastructure will be a huge part of the future global economy. So they had a strategy that included training for workers and investing in their infrastructure. Because they planned ahead and we didn’t, we sent $7.2 billion of our tax dollars to them in the middle of a massive recession.

ROBERTSON: Trade deals like NAFTA and the under-negotiation Trans-Pacific Partnership (TPP), sometimes called the Trans-Pacific FTA, undermine state and local purchasing policies. Efforts to create jobs, like “Buy America” or local sourcing initiatives, can be challenged by multinational corporations as an “unfair barrier to trade.” What can we do to ensure FTAs don’t stand in the way of the public interest?

YOUNG: We can’t let trade agreements stand in the way of job creation, and that’s why I support fair trade. I don’t think there’s any debate that these agreements have cost jobs. I don’t know much about the Trans-Pacific Partnership, but I assume that it’s going to continue the trend of taking power away from state and local governments. The priority of every elected official should be to create jobs here in our community. That’s what I did at AC Transit by supporting our “Buy America” policy and that’s what I hope to do at the state level. If trade rules stand in the way of creating and keeping jobs here, then we have to push our Congressional delegation to vote against them.

ROBERTSON: The TPP is expected to be the largest FTA in U.S. history, yet civil society, and even Congress, have been effectively shut out of the negotiations. Leaked documents show trade negotiators are even rolling back reforms. What’s your position on the TPP negotiations?

YOUNG: I think the public needs to be included. We learned from NAFTA and other deals that these agreements contain many provisions that have nothing to do with trade, and they can prevent commonsense efforts to create jobs. If these negotiations can’t stand up to the light of day, we shouldn’t be having them. One of my goals at AC Transit was to increase transparency and accountability. We need to be doing that at all levels of government if we’re going to restore the public’s faith in what we do.

Author’s note: Joel Young is a candidate for California State Assembly District 18. The California Fair Trade Coalition does not endorse candidates for office.

Keeping SOPA Measures Out of Trade Agreements ACTA, TPP

by Edward J. Black, President and CEO of the Computer and Communications Industry Association, re-posted from The Huffington Post

As protests against the Anti-Counterfeiting Trade Agreement (ACTA) sweep across Europe, two conclusions are possible: the era of closed-door IP policy is over; and the content industry’s insatiable quest for more power and control is no longer irresistible.

A netroots uprising that began in January as a reaction against the Stop Online Piracy Act (SOPA) — a poorly conceived and poorly vetted anti-piracy proposal — has now snowballed into an Internet Spring against any backroom dealing with Hollywood. The lesson that must be learned is that intellectual property policy, particularly as it regulates the Internet, can no longer be crafted with only the content industry in the room.

Internet users realized during the debate over SOPA and its companion bill, PIPA, that because they were not at the table, they were on the menu. Vowing ‘never again,’ they have thus set their sights on ACTA, which is now being SOPAfied beneath a wave of indignant outrage.

In light of the demonstrations, countries including Germany, Slovakia, the Czech RepublicLatvia, and Poland are saying they will no longer ratify the Anti-Counterfeiting Trade Agreement, which was negotiated under the Bush administration, finalized under Obama’s and signed by numerous nations — including the United States, in October.

Unlike SOPA, however, which reveled in its own ham-handedness, ACTA is a more complex creature. Defenders of ACTA say the hostility toward ACTA is unfounded, since it is not the same as SOPA.

Yet ACTA defenders overlook certain shared traits between SOPA and ACTA. Both adopted an enforcement-only view toward fixing our outdated IP system, and both seem to elevate IP rights to be of paramount importance over all other rights and principles. Both were crafted under the belief that merely by beating infringers with an ever-larger stick, policymakers could cause new business models for monetizing content to magically spring into being. In addition, defenders of ACTA do not acknowledge that like SOPA and PIPA it was procedurally bankrupt in attempting to govern the public through an agreement that had been crafted in secret by special interests

But critics of ACTA also should acknowledge that as the trade agreement initially came under pressure, governments undertook to consult and establish some transparency. This limited transparency eventually allowed input from other stakeholders in the public, and eliminated some of the worst SOPA-type risks to the Internet from the earlier drafts of ACTA.

ACTA is a flawed agreement and reflects a missed opportunity to encourage our trading partners to adopt balanced IP proposals that would open up export markets for U.S. Internet services. ACTA imposes U.S. copyright penalties, but lacks immensely important protections like fair use. Fair use enables many Internet services to operate, allows news organizations to show bits of a song, or bloggers to point out something in a movie or other protected work. Yet at the same time, ACTA differs from SOPA and PIPA in that it contained some positive language to ensure that copyright enforcement procedures avoided the creation of “barriers to legitimate activity online and preserved the fundamental principles of freedom of expression, fair process and privacy.” Whether this language can be relied on to protect against the increasing demands of the content industry we don’t know, but it was in response to concerns raised during negotiations by CCIA and others.

Whether these efforts toward more transparency absolved ACTA’s original sin of secrecy, and whether the improvements to its text are enough to mollify all concerns is an open question that some nations may answer differently.

What is certain, however, is that the IP policy must now be crafted in an open, transparent process, where the Internet and its users are recognized as equally important stakeholders. It must serve the public interest and the needs of the many, rather than the preferences of a parochial few.

Global IP policies are under active international consideration in other fora, and must take this lesson to heart. The Trans-Pacific Partnership draft agreement, for example, will undergo further negotiations in Australia next month. As the Obama administration’s proposed “21st century trade agreement,” it presents an opportunity to promote international norms that can respond to the legitimate concerns of many stakeholders including content and the netroots.

TPP can and must be negotiated in a transparent process and become an agreement that supports innovation and Internet freedom.

It would do a disservice to all if that agreement were SOPAfied. Let’s resolve to prevent that.

Trade Deals: Backdoor Financial Deregulation

By Lori Wallach, Director of Public Citizen’s Global Trade Watch, re-posted from The Huffington Post

Wall Street has a new power tool to demolish financial stability policies, and it comes from a source many would not expect. It’s not the cozy relationship between Wall Street and some members of Congress, or the hordes of bankster lobbyists who roam Capitol Hill. Wall Street has obtained and is now pushing for more powers to challenge U.S. and other nations’ financial regulations via the international agreements that it has sold to a skeptical American public under the appealing brand of export-expanding “free trade” deals.

In Sunday’s New York Times, Gretchen Morgenson described how the financial provisions of the World Trade Organization (WTO) and NAFTA (the North American Free Trade Agreement) operate as backdoor deregulation instruments. Those of us who have studied these so-called “trade deals” understand that these agreements have very little to do with trade per se. Rather, they mainly include new rights for corporations and new constraints on governments’ non-trade regulatory policy space.

As my piece in a special edition of the American Prospect shows, instead of following through on President Obama’s campaign commitments to fix this backdoor corporate power grab, now the administration is rushing to massively expand this mess by completing a Trans-Pacific Partnership (TPP) deal now being negotiated behind closed doors with eight Pacific Rim nations.

Like NAFTA before it, the TPP would establish a two-track judicial system for corporations, giving them the right to attack our financial regulations before tribunals of three private sector attorneys operating under World Bank and UN arbitral rules. This “investor-state” system allows firms to skirt our courts and laws to directly sue our governments for cash damages over regulatory policies that they claim undermine their “expected future profits.” And, this is no hypothetical threat.

Currently, Chevron is using an “investor-state” tribunal to try to avoid paying $18 billion to clean up horrific contamination in the Amazon ordered after 18 years of U.S. and Ecuadorian court rulings. Philip Morris is using the system to attack Australian and Uruguayan cigarette plain packaging laws. More than $675 million has been paid by governments to corporations under U.S. pacts’ “investor-state” provisions alone, 70 percent of which has been in attacks on environmental, health and other non-trade policies. There are 11,933 corporations cross-registered between the TPP nations to which the Obama administration is now pushing to extend these outrageous powers.

Morgenson’s article serves as a rallying cry for those who care about financial stability or about the sovereign right of the Congress and state legislatures to enact an array of public interest policies prohibited in these pacts. She notes threatened attacks on the Volcker rule using NAFTA. The Volcker rule is a part of the Dodd-Frank Wall Street Reform and Consumer Protection Act. It was designed to stop banks from making the kind of risky speculative moves that contributed to the financial crisis, by preventing them from making bets for themselves with deposits backed by taxpayers. The Investment Industry Association of Canada argues that ” the Volcker rules may contravene the NAFTA trade agreement.”

Morgenson also revealed that the Obama administration had blocked a call simply to review the 1990s WTO financial sector rules to ensure that they were consistent with the regulatory push underway in many countries. Last month, Rep. Barney Frank (D-Mass.) sent a letter to the administration calling out the administration for blocking this review, focused on how these rules ban the use of capital controls — key tools to counter floods of speculative money that now even the International Monetary Fund (IMF) considers ”an essential feature of the monetary policy framework.”

As Morgenson notes, such WTO rules are controversial among the trade deal’s member countries. Over a year ago, Barbados raised these problems at the WTO and proposed reforms. When Ecuador, backed by a weighty block of other WTO member countries, asked for a simple review of these rules, the U.S. blocked it – a move that is hard to understand as anything but promoting Wall Street’s best interest over those of the American public.

The problems that Morgenson exposes in the WTO and NAFTA are all the more pressing, since the U.S. is currently negotiating a new “trade” deal. Once again, with the TPP, we are hearing the same sales pitch about how the deal could expand exports. This is a shameless claim, made even with respect to the recent enacted Korea Free Trade Agreement, which the official U.S. International Trade Commission study concluded would increase the U.S. trade deficit and specially slam seven manufacturing sectors.

The TPP is being negotiated behind closed doors and the text is being kept secret. However, we know that U.S. negotiators are pushing to extend a ban on capital controls, impose limits on domestic financial regulation and again empower direct corporate attacks on these policies through the investor-state regime. The TPP (which now includes Vietnam, the U.S. and seven other Pacific Rim nations, but would be open for China, Russia and others to join) would outright prohibit certain types of financial regulations that countries would no longer be allowed to “adopt or maintain” even if they apply to domestic and foreign firms alike. If it sounds like the Bush administration is negotiating the deal, it is because the draft text was written during the Bush presidency.

Morgenson’s article should serve as a wakeup call that so-called “trade” deals aren’t really mainly about trade but operate as a one-percenter power tool. As we mark 18 years of NAFTA’s damage, there is still time to stop the TPP.

If President Obama wants to ensure financial stability here and abroad, he must tell his trade negotiators to stop pushing a TPP that is emerging as NAFTA on steroids with Asia. In the meantime, Americans must demand that the TPP text, which had its 11th round of negotiations last week in Australia, be made public. Certainly we must have the same access as the 600 corporate official U.S. trade “advisors” who are allowed to see the text. The last time a regional agreement of this sort was attempted, the Free Trade Area of the Americas, a draft text was released – by the Bush administration. But repeated demands to release the TPP text have to date been rebuffed by the Obama administration, even as it touts its commitment to government transparency.

Trans-Pacific FTA negotiations to hit Southern California, will you be there?

Trade negotiators and corporate lobbyists from around the Pacific Rim will be in Southern California next week secretly hammering out the future of global trade rules. The Trans-Pacific Free Trade Agreement (FTA), which includes nine countries from the U.S. to Vietnam, will likely be the largest FTA in U.S. history, and is expected to eventually include Canada, Mexico, and Japan.

Sounds important, right?

Yet, no one knows about it, and that’s just the way corporations like it. While the American public is effectively shut out of the negotiation process, there are over 600 certified “corporate advisors” charged with re-writing trade rules on labor environmental standards, food safety, drug patents and hundreds of other issues.

If Corporate America has their way and keeps theses negotiations behind closed doors, the Trans-Pacific FTA will almost certainly become “NAFTA of the Pacific”… on steroids.

That’s why the California Fair Trade Coalition, along with the AFL-CIO, Citizens Trade Campaign, Friends of the Earth, Public Citizen, Health Gap, Moana Nui and local members of the labor, environmental, Latino, and Asian-Pacific Island communities are coming together for a series of events.

We need to expose these negotiations before it’s too late! (Sign up for more info!)

We’ll start with an info session at USC to get everyone up to speed, then take to the streets with two high-energy rallies at the negotiation sites, one in LA and one in SD.

Check it out!:


PANEL: THE TRANS-PACIFIC FTA: “NAFTA OF THE PACIFIC?”
Monday, January 30, 2012, 6pm
USC University Club
645 West Exposition Blvd., LOS ANGELES, 90089
(Parking info)

RALLY: FAIR DEAL OR NO DEAL!
Wednesday, February 1, 2012, 12 noon
Sofitel Luxury Suites
8555 Beverly Boulevard, BEVERLY HILLS! (That’s right, the corporate elites are meeting secretly to write new trade rules in BEVERLY HILLS!)

RALLY: SAY “NO” TO A FREE TRADE “RING OF FIRE!”
Friday, February 3, 2012, 12 noon
University of California San Diego
Location TBA

We can’t afford to let the corporate elites continue to make trade rules for the 1% behind closed doors. Help us shed light on these dangerous negotiations.

RSVP to tim@citizenstrade.org or here. Questions or comments go there to.

All CA Votes on Colombia, Korea, and Panama FTAs

CD
REP Colombia Korea Panama Party
43 Joe Baca No No No D
33 Karen Bass No No No D
31 Xavier Becerra No Yes Yes D
28 Howard Berman Yes Yes Yes D
23 Lois Capps No No No D
18 Dennis Cardoza Yes No Yes D
32 Judy Chu No No No D
20 Jim Costa Yes Yes Yes D
53 Susan Davis, S Yes Yes Yes D
14 Anna Eshoo No Yes Yes D
17 Sam Farr Yes No Yes D
51 Bob Filner No No No D
10 John Garamendi No No No D
36 Janice Hahn No No No D
15 Mike Honda No No No D
9 Barbara Lee No No No D
16 Zoe Lofgren No No No D
5 Doris Matsui No Yes Yes D
11 Jerry McNerney No No No D
7 George Miller No No No D
38 Grace Napolitano No No No D
8 Nancy Pelosi No Yes Yes D
37 Laura Richardson No No No D
34 Lucille Roybal-Allard No No No D
39 Linda Sa´nchez No No No D
47 Loretta Sanchez No Yes No D
29 Adam Schiff No Yes Yes D
27 Brad Sherman No No No D
12 Jackie Speier No No No D
13 Pete Stark No No No D
1 Mike Thompson No Yes Yes D
35 Maxine Waters No No No D
30 Henry Waxman No No Yes D
6 Lynn Woolsey No No No D
Dem Vote Against

29-5 24-10 23-11
2 Wally Herger Yes Yes Yes R
3 Dan Lundgren Yes Yes Yes R
4 Tom McClintock Yes Yes Yes R
19 Jeff Denham Yes Yes Yes R
21 Devin Nunes Yes Yes Yes R
22 Kevin MCCarthy Yes Yes Yes R
24 Elton Gallegly Yes Yes Yes R
25 Buck McKeon Yes Yes Yes R
26 David Dreier Yes Yes Yes R
40 Ed Royce Yes Yes Yes R
41 Jerry Lewis Yes Yes Yes R
42 Gary Miller Yes Yes Yes R
44 Ken Calvert Yes Yes Yes R
45 Mary Bono Mack Yes Yes Yes R
46 Dana Rohrabacher Yes No Yes R
48 John Campbell Yes Yes Yes R
49 Darrell Issa Yes Yes Yes R
50 Brian Bilbray Yes Yes Yes R
52 Duncan Hunter Yes No Yes R
Rep Vote Against 0-19 2-17 0-19
Total Vote Against 29-24 26-27 23-30


Join the 99% and Oppose Corporate Free Trade!

This week President Obama said he understood “the frustration” moving thousands of ordinary citizens to take to the streets of dozens of American cities. But that didn’t keep him from kicking them under the table by sending three pending NAFTA-style trade deals to Congress, despite his campaign promises to oppose them.

With a vote expected tomorrow, it’s up to activists from around the country to let their Members of Congress know that these pro-corporate deals cost jobs and marginalize the workers and the poor in all involved countries, while greasing the wheels for offshoring and further deregulating our financial services industry. The pacts, originally negotiated by President Bush, are expected to cost hundreds of thousands of jobs and we only have hours left to stop them.

Call 1-800-718-1008 to be connected to your Representative to tell them NO on Free Trade Agreements with Colombia, Korea, and Panama.

When you hear the President speak of these deals, you’d think they were job a creating magic box that will restore the manufacturing sector and set us up for years of advantageous competition in Asia. Of course, when you look inside the box, you find that the U.S. International Trade Commission expects them to expand the trade deficit and cost hundreds of thousands of jobs in, you guessed it, the manufacturing sector.

This shouldn’t be too big of a surprise, as we’ve learned from NAFTA that not only do these types of deals eliminate working class jobs on both sides of the border, but they outline a broad swath of extraordinary corporate rights used to subjugate workers and the planet for profit. Free Trade is just one more mechanism that the 1% use to consolidate their power. And they’re trying to expand it right under our noses. Call 1-800-718-1008 to tell your Representative to vote NO.

These FTAs are about corporations vs. people, the CEOs vs. the workers, the 1% vs. the 99%.

Under the guise of “opening up markets,” free trade agreements like these are giant corporate handouts that enable job offshoring, deregulate financial services, and empower corporations to challenge public interest laws as basic as minimum wage and environmental protections. Get this, in order to receive restitution, corporation need only prove that domestic laws “expropriated” expected profits – you can’t make this stuff up.

Call now, 1-800-718-1008.

The very nature of free trade leads to a “race to the bottom” on regulatory issues, as producers seek the cheapest environments to make goods, and in the corporate world that means the place with the worst labor laws and environmental regulation. Many countries lower such standards to attract investment and corporations are more than happy to take advantage of the cheaper environment, frequently offshoring U.S. jobs.

No where is this more apparent than in Colombia. Since 1986, over 2800 trade unionists have been murdered in Colombia, often by corporate and/or state backed paramilitary groups. To this day, Colombia is the most dangerous country in the world to try to organize a union, with 51 union organizers murdered in 2010 alone, more than in the rest of the world combined.

In Panama, opaque banking laws and low corporate tax rates have made the country a tax haven, home to 400,000 registered corporations for a population of just 4 million. Many of these firms are just US shell corporations hiding money for tax purposes. And we want to deregulate financial services exchanges with this country?

In the South Korea deal, American pharmaceutical companies negotiated higher prices for medicines purchased by the Korean single-payer health care, threatening the viability the system. Meanwhile, US car companies are allowed to sell cars in Korea that don’t even meet Korean emission standards. And some would suggest that these deals improve public health and are good for the environment?

I don’t think so. By definition, these deals are for the benefit of those with the resources to move capital (or jobs) from one country to another. As the Occupy Wall Street protests are highlighting, that’s only 1%. Join the 99% by fighting back on these trade deals today, because literally, tomorrow is too late.

Call your Representative TODAY at 1-800-718-1008.

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