Tag Archives: USA

An example of Taking Back Control

We can be a vassal state – it’s just the overlord would be different

For those who actually believed, or still believe, the guff that leaving the EU would mean that UK would indeed “take back control” and negotiate advantageous trade agreements around the globe, a recent document from the Office of the United States Trade Representative offers a firm douche of reality.

Entitled United States-United Kingdom Negotiations: Summary of Specific Negotiating Objectives it sets out with remarkable candour the ways in which our one-time special friend intends to screw the UK once we have isolated ourselves from the rest of Europe. The key objective is set out on the first page: “The United States seeks to support higher-paying jobs in the United States and to grow the U.S. economy by improving U.S. opportunities for trade and investment with the UK.”

OK, so it’s a negotiating document and sets out the opening bids.  But the US knows that it holds most of the cards and their track record in trade negotiation, as in many other areas of foreign policy, is broadly that what the US wants, the US will get.  The UK’s Department for International Trade will be no match, given the lack of trade negotiation skills in this country: the Department’s chief negotiator had to be imported from New Zealand.

Some statistics first.  The US document uses the word “ensure” 37 times, 14 of which specifically relate to ensuring the UK, not the US, does or does not do certain things.  “Require” or “requirements” appear 28 times, 17 of which apply unilaterally to the UK.  And so on.

Next, some of the specific US objectives.  These are the highlights, and there are many more in the document.

The UK would be bound to accept US interpretations of what “unnecessary” differences in regulation are.

Secure commitments with respect to greater regulatory compatibility to facilitate U.S. exports in key goods sectors and reduce burdens associated with unnecessary differences in regulation, including through regulatory cooperation where appropriate

Specifically in relation to agricultural products, for “regulation” read “deregulation”:

Promote greater regulatory compatibility to reduce burdens associated with unnecessary differences in regulations and standards, including through regulatory cooperation where appropriate

Establish a mechanism to remove expeditiously unwarranted barriers that block the export of U.S. food and agricultural products in order to obtain more open, equitable, and reciprocal market access.

And just to make sure the UK won’t be able to regulate nasties like GMO products:

Establish specific commitments for trade in products developed through agricultural biotechnologies

You think food labelling is important?  Read this:

Establish new and enforceable rules to eliminate unjustified trade restrictions or unjustified commercial requirements (including unjustified labeling) that affect new technologies

More generally on regulatory policy-making, the US is not going to let the UK have its own way. US lobbyists will be guaranteed access to the decision-making process:

Include strong provisions on transparency and public consultation that require the UK to publish drafts of regulations, allow stakeholders in other countries to provide comments on those drafts, and require authorities to address significant issues raised by stakeholders and explain how the final measure achieves the stated objectives.

Worried about Facebook and the rest?  The US will get your personal data which currently remains subject to tough EU rules on privacy.

Establish state-of-the-art rules to ensure that the UK does not impose measures that restrict cross-border data flows and does not require the use or installation of local computing facilities.

And just as we are beginning to wake up to the dangers of algorithms [1]:

Establish rules to prevent governments from mandating the disclosure of computer source code or algorithms.

No question of a UK government putting an end to outsourcing in the NHS and local government, however many more Carillions we have:

Retain the ability to support SOEs[2] engaged in providing domestic public services.

And no question of publicly owned services using their discretion about favouring quality, environmental benefits, workforce policies etc over price:

Ensure that SOEs act in accordance with commercial considerations with respect to the purchase and sale of goods and services.

Privatise and privatise:

Seek to develop disciplines that address the creation or maintenance of capacity inconsistent with market principles

This isn’t about protecting the environment it’s about protecting trade;

Establish rules that will ensure that the UK does not waive or derogate from the protections afforded in environmental laws for the purpose of encouraging trade or investment.

But there are limits to US openness

Keep in place domestic preferential purchasing programs such as: “Buy America” requirements on Federal assistance to state and local projects, transportation services, food assistance, and farm support; and

And if the disputes resolution mechanism doesn’t come up with the “right” answer it can be overruled:

Provide mechanisms for ensuring that the Parties retain control of disputes and can address situations when a panel has clearly erred in its assessment of the facts or the obligations that apply.

The UK has to behave itself in relation to third countries…

Provide a mechanism to ensure transparency and take appropriate action if the UK negotiates a free trade agreement with a non-market country

…. but the US doesn’t

Discourage actions that directly or indirectly prejudice or otherwise discourage commercial activity solely between the United States and Israel;

Discourage politically motivated actions to boycott, divest from, and sanction Israel

Not surprisingly, foreign policy is at last overt.  There will of course be many other opportunities for non-trade issues to come up during the negotiations.  OK, you Brits, we won’t press on chlorinated chicken provided you give us back some bases for lodging US aircraft and weapons.

Do we really want to leave a partnership of equals, the EU, to become second-fiddle to the almighty US?  Remember that the US almost always gets what it wants.  Is this what taking back control means?



[1]  The 2019 AGM of Liberty will consider a motion from the organisation’s executive drawing attention to the expanding use of algorithmic decision-making by public authorities, the lack of accountability of algorithms – which are non-neutral – and their users, and the implications for civil liberties.

[2] State-Owned and Controlled Enterprises.