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Originally Processed With FOIA(s): FOIA Number: 1998-0004-F[1]; 2003-1388-F S FOIA MARKER This is not a textual record. This is used as an administrative marker by the George Bush Presidential Library Staff. Record Group/Collection: George H.W. Bush Presidential Records Collection/Office of Origin: Chief of Staff, White House Office of Series: Sununu, John, Files Subseries: Issues Files OA/ID Number: 29174 Folder ID Number: 29174-002 Folder Title: Uruguay Round (1990) Stack: Row: Section: Shelf: Position: G 15 25 4 5 Withdrawal/Redaction Sheet (George Bush Library) Doc. No. / Type Subject/Title Date Restriction Classification 01a Memo From Ede Holiday to John Sununu 12/04/90 (b)(1) Re: Update on the Uruguay Round Ministerial--Day One pp.) 01b. Memo From Ede Holiday to President Bush 12/3/90 (b)(1) Re: Update on the Uruguay Round Ministerial: Day One (1 pp.) 02a. Memo w/ From Ede Holiday to POTUS 10/30/90 P-5 attachment Re: Uruguay Round (1 pp.) 02b. Memo From Carla A. Hills to POTUS 10/29/90 P-5 Re: Uruguay Round--Update on EC Deliberations on Agriculture (1 pp.) 03. Memo From Ede Holiday to John Sununu 10/25/90 (b)(1) Re: The Uruguay Round (1 pp.) 04a. Memo From Roger Porter to John Sununu 10/19/90 P-5. Re: The Uruguay Round (5 pp.) 04b. chart From Roger Porter to John Sununu 10/19/90 P-5 Re: Key Uruguay Round Issues (14 pp.) 05. Memo From Roger Porter to John Sununu 8/8/90 P-5 Re: Political Strategy for the Uruguay Round (5 pp.) Page 1 of 2 Collection: Record Group: Bush Presidential Records Office: Chief of Staff, White House Office of Series: Sununu, John, Files Subseries: Issues Files WHORM Cat.: File Location: Uruguay Round (1990) Pinksheet Number: KO0691 OA/ID Number: 29174-002 Date Closed: 12/13/2004 FOIA/Sys Case #: 1998-0004-F[1] Re-review Case #: 2005-0426-S P-2/P-5 Review Case #: Withdrawal/Redaction Sheet (George Bush Library) Doc. No. / Type Subject/Title Date Restriction Classification 06a. Memo From Roger Porter to John Sununu 10/22/90 P-5 Re: Helms Inquiry on Textiles Negotiations (1 pp.) 06b. Paper From Roger Porter to John Sununu 10/22/90 P-5 Talking Points for Conversation w/Senator Helms Regarding Textile Tariffs (1 pp.) Page 2 of 2 Collection: Record Group: Bush Presidential Records Office: Chief of Staff, White House Office of Series: Sununu, John, Files Subseries: Issues Files WHORM Cat.: File Location: Uruguay Round (1990) Pinksheet Number: KO0691 OA/ID Number: 29174-002 Date Closed: 12/13/2004 FOIA/Sys Case #: 1998-0004-F[1] Re-review Case #: 2005-0426-S P-2/P-5 Review Case #: THE WHITE HOUSE WASHINGTON December 4, 1990 MEMORANDUM FOR SECRETARY BAKER SECRETARY BRADY GOVERNOR SUNUNU GENERAL SCOWCROFT RICHARD DARMAN MICHAEL BOSKIN ROGER PORTER FROM: EDE HOLIDAY exts SUBJECT: UPDATE ON THE URUGUAY ROUND MINISTERIAL: DAY ONE Attached for your information please find a report to the President summarizing the opening day of the Uruguay Ministerial in Brussels. This report is based on information provided by the U.S. delegtion in Brussels. I intend to provide daily reports on Uruguay Round developments during the course of the Brussels negotiations this week. These reports are being coordinated with NSC and OPD staff. Attachment Confidential Attachment UNCLASSIFIED UPON REMOVAL OF CLASSIFIED ATTACHMENTS M.M 4/1/2019 CONFIDENTIAL THE WHITE HOUSE WASHINGTON December 3, 1990 MEMORANDUM FOR THE PRESIDENT FROM: EDE HOLIDAY SUBJECT: UPDATE ON THE URUGUAY ROUND MINISTERIAL: DAY ONE The Uruguay Round Ministerial formally convened in Brussels today, but U.S. negotiators report no real progress with the European Community during this first day on the key issue of agriculture. However, pressure on the EC seems to be building and support for bringing the impasse to a head early in the Ministerial appears to be increasing. In the session on agriculture this evening European time, most all delegations pressed the EC on whether it was prepared to: O Make specific commitments to reduce internal supports, barriers to market access, and export subsidies; and O Drop its "rebalancing" proposal to raise certain previously bound tariffs. In response, the EC Agricultural Commissioner MacSharry simply reiterated the previous EC positions. Thus, no movement by the EC is evident in the sessions, nor do the negotiators yet report any encouraging private signals. Senior officials in the U.S. delegation believe that tomorrow morning at the Heads of Delegtion meeting it is likely that the Agriculture Negotiating Group Chairman will formally declare the agriculture negotiations deadlocked. This will place additional pressure on the EC either to modify its agriculture position or risk bearing the burden of a failed Round. I intend to report to you on a daily basis on Uruguay Round developments during the course of your Latin American trip. I am also seeking to keep senior White House staff informed with more detailed reports. These reports are being coordinated with NSC staff, but my staff has been serving as the White House point of contact with the U.S. delegation in Brussels as the EPC has been coordinating Cabinet policy consideration on Uruguay Round issues. PER NSC WAIVER I500 2021-02 CONFIDENTIAL By SS NARA, Date 11/30/23 AC/ER THE WHITE HOUSE WASHINGTON November 30, 1990 MEMORANDUM FOR GOVERNOR SUNUNU IE CHIEF of STAFF FROM: EDE HOLIDAY GAA SUBJECT: URUGUAY ROUND I want to apprise you of the mechanism we have established for regular and coordinated communication on the Uruguay Round next week between the White House and the U.S. delegation in Brussels. This mechanism has been agreed to between EPC and NSC staff. As EPC has coordinated the development of policy for the Uruguay Round, the White House point of contact with the U.S. delegation in Brussels will be Olin Wethington. Wethington will work closely with Tim Deal (NSC) and OPD to staff issues that may arise and to bring to the attention of senior White House staff any matters requiring decision. The U.S. delegation in Brussels will send to the White House a daily summary of significant developments in the Brussels negotiation. This will be delivered to senior officials in the White House, as well as Secretaries Baker and Brady. In addition, Wethington, working with NSC and OPD staff, will prepare a daily status report on the negotiations for transmittal to the Presidential party on the Latin American trip. Wethington and Deal will also schedule two telephone conversations, daily, on a secure line with senior officials in the U.S. delegation in Brussels in order to stay apprised of developments. We have asked that any major U.S. statements or significant press guidance from the Ministerial, particularly at the conclusion of the Brussels meeting, be circulated to the White House for quick review prior to release. CC: General Scowcroft FACT SHEET ON THE URUGUAY ROUND "The results of the Uruguay Round of negotiations can be the engine that drives and the United States and the world economies into the 21st century. The agreement we reach will be the ultimate competitiveness initiative." -- President George Bush August 20, 1990 U.S. OBJECTIVES FOR THE GENERAL AGREEMENT OF TARIFFS AND TRADE (GATT) TRADE NEGOTIATIONS: SERVICES: The United States seeks international rules of fair play governing trade in service, a sector in which the United States leads the world with nearly $90 billion in exports annually. INVESTMENT: In the Uruguay Round the United States seeks an agreement opening world markets to investment, which contributes $40 billion annually to U.S. net income, and helps generate over $240 billion, or two-thirds of total U.S. annual exports of goods. AGRICULTURE: The United States seeks the fundamental reform of world agriculture in the Uruguay Round of global trade talks, which could expand world agriculture exports by roughly one-third, or $100 billion. MARKET ACCESS: We aim to reduce world barriers to trade in goods by one-third or more in the Uruguay Round, which could increase U.S. output by over $1 trillion over the next 10 years, meaning an additional $16,000 for every American family of four. GLOBAL TRADE RULES: The United States seeks to strengthen the rules of international trade to expand U.S. access to foreign markets, and to ensure fair trade in the U.S. market. DEVELOPING COUNTRY TRADE: The United States wants to ensure that international trade rules apply fully to developing countries, whose complete participation in the global trading system could increase U.S. exports by as much as 50%, of $200 billion, between now and the year 2000. INTELLECTUAL PROPERTY RIGHTS: In the Uruguay Round of global trade talks, the United States seeks international rules to protect the creativity of American entrepreneurs, who lose over $60 billion annually from the global theft and counterfeiting of their ideas. THE WHITE HOUSE WASHINGTON 90NOV13 Pig 29 November 13, 1990 MEMORANDUM FOR THE PRESIDENT FROM: ROGER B. PORTER RBP SUBJECT: Agriculture in the Uruguay Round Following our meeting this morning to discuss agriculture in the Uruguay Round and your upcoming meetings with President Andreotti, Chancellor Kohl, and President Mitterrand, we have prepared the attached chart that graphically displays what was agreed to at Houston and what has happened since with respect to our proposal and the EC proposal. Three points are worth noting: 1. Our proposed reductions are on a 1986-88 baseline as is the deZeeuw text, which was commended to the negotiators at Houston. 2. The EC proposal is on a 1986 baseline. Since 1986 was the high point for domestic price support levels, if the EC proposal (MacSharry) was put on the same 1986-88 baseline it would represent a 15% reduction. 3. The reductions that we are proposing would be achieved over a ten year period allowing for an adequate and appropriate transition. The EC proposal would cut domestic price supports by 15% from 1986-88 levels over a ten year period, or an average of 1.5% a year. This can hardly be called fundamental agriculture reform. Attachment AGRICULTURE IN THE URUGUAY ROUND Domestic Export Market Supports Subsidies Access Barriers Houston Summit "Substantial, "Substantial, "Substantial, Goal Progressive Progressive Progressive Reductions" Reductions" Reductions" United States 75% Reduction 90% Reduction 75% Reduction Proposal Over 10 years Over 10 Years Over 10 Years European Community 30% Reduction No No Proposal From 1986 Baseline Proposal Proposal (Effective Cut: 15%) Withdrawal/Redaction Sheet (George Bush Library) Document No. Subject/Title of Document Date Restriction Class. and Type 02a. Memo w/ From Ede Holiday to POTUS 10/30/90 P-5 attachment Re: Uruguay Round (1 pp.) Collection: Record Group: Bush Presidential Records Office: Chief of Staff, White House Office of Open on Expiration of PRA Series: Sununu, John, Files (Document Follows) Subseries: Issues Files By If (NLGB) on 12/12/07 WHORM Cat.: File Location: Uruguay Round (1990) Date Closed: 12/13/2004 OA/ID Number: 29174-002 FOIA/SYS Case #: 1998-0004-F[1] Appeal Case #: Re-review Case #: 2005-0426-S Appeal Disposition: P-2/P-5 Review Case #: Disposition Date: AR Case #: MR Case #: AR Disposition: MR Disposition: AR Disposition Date: MR Disposition Date: RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P-1 National Security Classified Information [(a)(1) of the PRA] (b)(1) National security classified information [(b)(1) of the FOIA] P-2 Relating to the appointment to Federal office [(a)(2) of the PRA] (b)(2) Release would disclose internal personnel rules and practices of an P-3 Release would violate a Federal statute [(a)(3) of the PRA] agency [(b)(2) of the FOIA] P-4 Release would disclose trade secrets or confidential commercial or (b)(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] (b)(4) Release would disclose trade secrets or confidential or financial P-5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] (b)(6) Release would constitute a clearly unwarranted invasion of P-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] (b)(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed of (b)(8) Release would disclose information concerning the regulation of gift. financial institutions [(b)(8) of the FOIA] (b)(9) Release would disclose geological or geophysical information PRM._Removed_as.a.personal.record-misfile THE WHITE HOUSE WASHINGTON 90 OCT 30 PM 7:14 October 30, 1990 MEMORANDUM FOR THE PRESIDENT FROM: EDE HOLIDAY GHA SUBJECT: URUGUAY ROUND The Economic Policy Council will be meeting on the subject of the Uruguay Round this Friday afternoon, November 2. There is a growing feeling within the Cabinet that we are reaching a critical point in the negotiations, particularly on the agricultural issue. Judgments by you as to future direction may be required shortly. Attachment Memo from Carla Hills Withdrawal/Redaction Sheet (George Bush Library) Document No. Subject/Title of Document Date Restriction Class. and Type 02b. Memo From Carla A. Hills to POTUS 10/29/90 P Re: Uruguay Round--Update on EC Deliberations on Agriculture (1 pp.) Collection: Record Group: Bush Presidential Records Open on Expiration of PRA Office: Chief of Staff, White House Office of (Document Follows) Series: Sununu, John, Files By of (NLGB) on 12/12/07 Subseries: Issues Files WHORM Cat.: File Location: Uruguay Round (1990) Date Closed: 12/13/2004 OA/ID Number: 29174-002 FOIA/SYS Case #: 1998-0004-F[1] Appeal Case #: Re-review Case #: 2005-0426-S Appeal Disposition: P-2/P-5 Review Case #: Disposition Date: AR Case #: MR Case #: AR Disposition: MR Disposition: AR Disposition Date: MR Disposition Date: RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P-1 National Security Classified Information [(a)(1) of the PRA] (b)(1) National security classified information [(b)(1) of the FOIA] P-2 Relating to the appointment to Federal office [(a)(2) of the PRA] (b)(2) Release would disclose internal personnel rules and practices of an P-3 Release would violate a Federal statute [(a)(3) of the PRA] agency [(b)(2) of the FOIA] P-4 Release would disclose trade secrets or confidential commercial or (b)(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] (b)(4) Release would disclose trade secrets or confidential or financial P-5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] (b)(6) Release would constitute a clearly unwarranted invasion of P-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] (b)(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed of (b)(8) Release would disclose information concerning the regulation of gift. financial institutions [(b)(8) of the FOIA] (b)(9) Release would disclose geological or geophysical information PRM. Removed as a personal record misfile. THE UNITED STATES TRADE REPRESENTATIVE Executive Office of the President Washington, D.C. 20506 October 29, 1990 MEMORANDUM FOR THE PRESIDENT FROM Carla A. Hills CAlt SUBJECT Uruguay Round -- Update on EC Deliberations on Agriculture At the EC Summit this past weekend, UK PM Thatcher and Dutch PM Lubbers raised the EC's continuing inability to produce an agriculture offer -- due October 15 -- to enable the Uruguay Round negotiations to proceed. After heated discussion, the Heads of Government issued a declaration that reaffirms the EC commitment to the Uruguay Round, but failed to agree upon tabling an agriculture offer. The Commission and member states have met at ministerial- level at least six times to consider an EC agriculture offer. At each discussion, the offer is reduced in scope and ambition, with the French and Germans leading the effort. The EC offer under consideration is based on a proposal of EC Agriculture Commissioner MacSharry, which we considered to be deficient at the outset. Its most troubling aspects were the absence of a specific reduction commitment on export subsidies, its inclusion of rebalancing (raising the protection for soybeans), and no intention to provide additional market access. The Commission, along with the Italian Presidency, will consult with member states for the remainder of the week and hopes to have a proposal for Ministerial consideration by next Monday, November 5. We believe the proposal will be unacceptable to us and to many other nations. The only question is whether the EC will have any negotiating flexibility. The other negotiations are suffering from the impasse in agriculture. Ministers from the Cairns group, our strongest ally in the agriculture negotiations, will be meeting in Geneva, November 5-6, to discuss next steps. I presently plan to join them to assess the prospects for moving the negotiations forward, and will keep you apprised. THE WHITE HOUSE WASHINGTON October 25, 1990 THE CHIEF of STAFF MEMORANDUM FOR GOVERNOR SUNUNU has seen FROM: EDE HOLIDAY SUBJECT: The Uruguay Round The Uruguay Round is approaching a crisis stage, primarily because of the European Community's inability to agree on a negotiating position on agriculture. The EC had agreed to table its offer along with those of other countries in Geneva on October 15. The internal EC debate surrounds the plan devised by Agriculture Commissioner MacSharry, which would cut farm subsidies by 30 percent from 1986 levels. It would also allow "rebalancing", raising some duty rates as long as the average depth of cut is preserved. The U.S. has strongly objected to the MacSharry plan on the grounds that the proposed cut is inadequate and the rebalancing idea is aimed at curbing U.S. exports of corn and soybeans. Although the French are not blameless, the main problem within the Community is Chancellor Kohl's insistence that no agriculture concessions can be made before the German elections on December 2. There are signals that he may be prepared to move afterward, but that is not certain and time will be short. The final Uruguay Round agreement is scheduled to be struck in Brussels during a December 3-7 ministerial meeting. Our objective now is to persuade the Community to provide their negotiator with the flexibility to work in the meantime to identify possible areas of compromise. Without some visible movement on agriculture, it will be nearly impossible to sustain the momentum during the run-up to Brussels on other issues included in the Round. Breaking the logjam may take a more aggressive strategy by the United States. The President may need to become involved earlier than we had expected. It may be useful to call a meeting of the Economic Policy Council over the next week or ten days to discuss our strategy. I believe it would be important for you to attend. Withdrawal/Redaction Sheet (George Bush Library) Document No. Subject/Title of Document Date Restriction Class. and Type 04a. Memo From Roger Porter to John Sununu 10/19/90 P-5 Re: The Uruguay Round (5 pp.) Collection: Record Group: Bush Presidential Records Office: Chief of Staff, White House Office of Open on Expiration of PRA Series: Sununu, John, Files (Document Follows) Subseries: Issues Files By IP (NLGB) on 5/12/05 WHORM Cat.: File Location: Uruguay Round (1990) Date Closed: 12/13/2004 OA/ID Number: 29174-002 FOIA/SYS Case #: 1998-0004-F[1] Appeal Case #: Re-review Case #: 2005-0426-S Appeal Disposition: P-2/P-5 Review Case #: Disposition Date: AR Case #: MR Case #: AR Disposition: MR Disposition: AR Disposition Date: MR Disposition Date: RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P-1 National Security Classified Information [(a)(1) of the PRA] (b)(1) National security classified information [(b)(1) of the FOIA] P-2 Relating to the appointment to Federal office [(a)(2) of the PRA] (b)(2) Release would disclose internal personnel rules and practices of an P-3 Release would violate a Federal statute [(a)(3) of the PRA] agency [(b)(2) of the FOIA] P-4 Release would disclose trade secrets or confidential commercial or (b)(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] (b)(4) Release would disclose trade secrets or confidential or financial P-5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] (b)(6) Release would constitute a clearly unwarranted invasion of P-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] (b)(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed of (b)(8) Release would disclose information concerning the regulation of gift. financial institutions [(b)(8) of the FOIA] (b)(9) Release would disclose geological or geophysical information PRM. Removed as a personal record misfile THE WHITE HOUSE AC/ER WASHINGTON October 19, 1990 MEMORANDUM FOR GOVERNOR SUNUNU FROM: ROGER B. PORTER RBP THE CHIEF of STAFF has seen SUBJECT: The Uruguay Round This is an appropriate time to assess the status of the Uruguay Round negotiations and to consider a strategy for this fall. The Uruguay Round has the potential to be the Bush Administration's most important and enduring trade policy accomplishment. While the GATT negotiations involve major risks and uncertainties, a successful agreement will open closed markets, bolster global economic growth, and strengthen efforts to implement democracy and market-oriented economic reforms in Eastern Europe, Latin America, and Asia. While our primary objective should be negotiating a good agreement, we cannot take Congressional approval of it for granted. We must start building domestic support for an agreement now. 1. The Uruguay Round involves two challenges. The trade policy challenge is negotiating a strong package of GATT measures to open markets and liberalize trade in goods, services, and investment. These issues are analyzed in the attached spread sheet. The political challenge is persuading Congress to approve and implement the agreement. 2. The key elements of an agreement are likely to be negotiated at the last minute. By breaking the deadlock over agriculture, the Houston Economic Summit succeeded in triggering the final phase of negotiations. The GATT Trade Ministers will meet in Brussels in the first week of December. Given the scope and complexity of the issues, the final package will not emerge until then. We will almost certainly go to Brussels with a large number of important issues unresolved. -2- 3. The European Community (EC) is the key to an agriculture agreement. The most difficult issue thus far has been agriculture, and the EC remains the key to agriculture. The EC is likely to adopt, with a few minor modifications, a proposal by Agricultural Commissioner MacSharry for a 30 percent reduction in farm subsidies. This figure is deceptive, since it uses 1986 subsidy levels as a baseline and thus takes credit for reductions implemented previously because of budgetary problems. Consequently, it would reduce EC farm supports by only 10 percent from current levels. In contrast, the U.S. will propose 75 percent cuts in domestic supports and protection over ten years and 90 percent reductions in export subsidies. There are indications of internal divisions within the EC. MacSharry's proposal has been criticized by several important Commissioners on the ground that it does not address export subsidies adequately. Nevertheless, it is unclear how far the EC ultimately will be prepared to go. The importance to the Administration of achieving substantial farm subsidy cuts in the Uruguay Round has increased, since the budget agreement will reduce U.S. farm spending by more than $13 billion over the next five years. 4. The "new issues" are important from the standpoint of building U.S. support for an agreement. Apart from agriculture, the pivotal issue in the round is expanding the GATT to cover the so-called "new issues" of services, investment, and intellectual property rights (IPR). This is a North-South negotiation. The developed nations generally support new GATT disciplines. The LDCs, led by Brazil and India, have resisted: IPR - Our negotiators are relatively optimistic on the prospects for a good agreement. This is a crucial issue, since IPR is the major source of manufacturing sector support in the U.S. and Europe. An agreement could, however, require certain politically sensitive changes in U.S. patent and copyright law. Investment - Our goals in the investment talks are limited. We are seeking to prohibit governments from imposing local content and export performance requirements on foreign investors. If the overall agreement comes together, the prospects in this area are reasonably good. -3- Services - The services negotiators believe that the best we can expect is a framework agreement with annexes covering specific sectors, e.g., financial services. Several politically powerful U.S. industries, e.g., maritime and basic telecommunications, are pressing to be carved out of any agreement, thereby inviting reciprocal carve-outs by other countries. 5. The U.S. is under pressure from the developing countries (LDCs) on textiles and on unfair trade laws. The LDCs are seeking concessions from the U.S. and other developed countries on textiles and the unfair trade laws: Textiles - The LDCs want to phase out the Multi-Fiber Arrangement (MFA). The U.S. industry opposes any weakening of its protection. While the ostensible goal of the textile bill is legislated quotas, it is also an effort to cripple the Uruguay Round negotiations. Antidumping and Countervailing Duties - The LDCs, Japan, and Canada are seeking a major weakening of the unfair trade laws. Some changes are desireable. The proposed reforms, however, face strong resistance from import- sensitive U.S. industries, e.g., steel, textiles, and semiconductors. Because the issue involves unfair trade, it is could present significant problems in the Congress. Section 301 - The U.S. is isolated on section 301 which is aimed at removing foreign barriers to U.S. exports. The key is to strengthen GATT so that its rules can be enforced effectively making unilateral action under section 301 unnecessary. There will be substantial U.S. opposition to any changes in the unfair trade laws. These issues merit close watching. 6. Securing Congressional approval of an Uruguay Round agreement will be a major challenge. Because of the unprecedented scope of the Uruguay Round, the Administration is entering new political territory. While previous GATT rounds focused almost exclusively on trade in manufactured goods, the Uruguay Round seeks to expand trade in a new way by extending GATT to sectors where the rules traditionally have been weak (agriculture and LDCs) or non- existent (services, investment, and IPR). -4- The scope of this round adds some new dimensions in building domestic support. First, key support for the Uruguay Round may come from outside the manufacturing sector. Second, the U.S. is under pressure on steel and textiles, which have managed in the past to stay outside GATT disciplines. Third, the trade-offs in an agriculture agreement could affect certain highly protected (and politically influential) farm groups, e.g., meat, dairy, cotton, and sugar. Finally, key elements of the implementing bill are likely to fall outside the jurisdiction of the House Ways and Means and Senate Finance Committees, which traditionally have controlled tariff and trade issues in the Congress and have extensive expertise in the area. It is essential that our ambitious negotiating strategy be integrated with a political and legislative strategy for building the requisite domestic political support to get the agreement through the Congress. Import-sensitive industries, like textiles and steel, already are mobilizing Congressional opposition to an agreement. We need to take steps both to strengthen domestic support for an agreement and insure that the agreement is saleable. 7. A major challenge will be to gauge accurately what we can achieve in the GATT and in the Congress to reach an acceptable balance. Elements of a successful Uruguay Round strategy include the following: Coordination with USTR. The White House has coordinated closely and successfully with USTR on Super 301, steel, and U.S.-Japan trade issues. I will continue to meet regularly with Ambassador Hills this fall on the Uruguay Round and have asked my staff to follow the negotiations closely. Presidential Support. The President was personally responsible for the successful resolution of the Uruguay Round issue at the Houston Economic Summit. His IMF/World Bank speech was effective in galvanizing the financial community. Continued investment of the President's time and political capital will be required to negotiate a good agreement and get it approved by the Congress. Congressional Coordination. Ambassador Hills has worked effectively with the Ways and Means and Finance -5- Committees. The Administration, however, must expand its contacts with other Congressional Committees that have jurisdiction over Uruguay Round issues, particularly the Agriculture, Banking, and Commerce Committees. The White House also can take advantage of opportunities to make clear to the Congressional leadership the President's commitment to a successful agreement. Business Community Coordination. We must begin mobilizing the business community, particularly the major multinationals who have the most to gain from an agreement. It is also important to gauge accurately the depth of opposition from key import-sensitive industries that could pose significant problems, e.g., steel, textiles, semiconductors, sugar, dairy, and cotton. Attachment Withdrawal/Redaction Sheet (George Bush Library) Document No. Subject/Title of Document Date Restriction Class. and Type 04b. chart From Roger Porter to John Sununu 10/19/90 P/S Re: Key Uruguay Round Issues (14 pp.) Collection: Record Group: Bush Presidential Records Office: Chief of Staff, White House Office of Open on Expiration of PRA Series: Sununu, John, Files (Document Follows) Subseries: Issues Files By of (NLGB) on 5/12/05 WHORM Cat.: File Location: Uruguay Round (1990) Date Closed: 12/13/2004 OA/ID Number: 29174-002 FOIA/SYS Case #: 1998-0004-F[1] Appeal Case #: Re-review Case #: 2005-0426-S Appeal Disposition: P-2/P-5 Review Case #: Disposition Date: AR Case #: MR Case #: AR Disposition: MR Disposition: AR Disposition Date: MR Disposition Date: RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P-1 National Security Classified Information [(a)(1) of the PRA] (b)(1) National security classified information [(b)(1) of the FOIAJ P-2 Relating to the appointment to Federal office [(a)(2) of the PRA] (b)(2) Release would disclose internal personnel rules and practices of an P-3 Release would violate a Federal statute [(a)(3) of the PRA] agency [(b)(2) of the FOIA] P-4 Release would disclose trade secrets or confidential commercial or (b)(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] (b)(4) Release would disclose trade secrets or confidential or financial P-5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] (b)(6) Release would constitute a clearly unwarranted invasion of P-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] (b)(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed of (b)(8) Release would disclose information concerning the regulation of gift. financial institutions [(b)(8) of the FOIA] (b)(9) Release would disclose geological or geophysical information PRM. Removed as a personal record misfile. Key Uruguay Round Issues Issue U.S. Position Foreign Position(s) Domestic Implications Outlook Agriculture -- GATT rules Policy-specific EC -- No major changes Split. U.S. feedgrains EC feeling some pressure on agricultural subsidies commitments to substan- in Common Agricultural exports would increase if from U.S. and Cairns. and protection are weak. tially cut domestic Policy (CAP). Favor looser EC export subsidies Indications of internal Extensive subsidies and subsidies, export approach that leaves reduced. Subsidized and divisions, but ultimate trade barriers distort subsidies, and protection. extensive flexibility on protected commodity position unclear. world agricultural trade. implementation of reforms. groups are strongly opposed. Cairns Group -- Supports farm trade liberalization. Similar to U.S. 1. Domestic Subsidies -- 75 percent cuts in trade- EC -- 30 percent cuts in Support from U.S. Uncertain. EC proposal is High support prices distorting subsidies from "aggregate supports" from feedgrains producers and deceptive, since includes encourage overproduction 1986-88 baseline over 10 1986 baseline over 5 major farm groups. cuts that have already of farm commodities. years. years, then reevaluate. Opposed by heavily been implemented because subsidized commodity of budget constraints. Cairns -- Similar to U.S. sectors. 2. Export Subsidies -- 90 percent cuts in export EC -- Has avoided issue. Strong support for export Uncertain. Strong internal GATT allows export subsidies over 10 years. subsidy discipline. Key UR EC opposition, particularly subsidies to dispose of Cairns -- Key objective in selling point domestically. from the French. -2- Issue U.S. Position Foreign Position(s) Domestic Implications Outlook surplus commodities. the UR is cutting export Subsidized EC competition Subsidized exports subsidies. Can't compete hurts U.S. feedgrain displace sales by efficient with EC and U.S. exports. farm producers, e.g. U.S. subsidies. and Cairns. 3. Trade Barriers -- Many Convert all farm trade EC ---- General support for Split. U.S. exporters want Uncertain. EC appears to countries have trade barriers to tariffs tariffication and reducing increased access. have accepted broad restrictions designed to and cut by 75 percent over barriers, but want Protected sectors opposed, principle of tariffication, but prevent low-priced imports 10 years. rebalancing and "variable" e.g. sugar, dairy, meat, insists on rebalancing and from disrupting price element. peanuts. flexibility. Concern about supports. disruptive effect of imports Cairns -- Support on CAP. reductions in trade barriers, except Canada on supply management. a. Japan Rice -- Liberalize Japanese rice Japan and Korea -- USTR rejected industry Some indications of prohibits rice imports. market. Oppose liberalization: food section 301 petition. flexibility from GOJ, but security and culture. Promised to solve in UR. farm and Agr. Ministry opposition is strong. Highly symbolic. b. U.S. Barriers U.S. under pressure in UR. Sugar program symbolizes i. Sugar tariff-rate Prepared to modify no LDCs -- Strong interest. U.S. farm protection. quota. "unilateral disarmament." U.S. quota is highly restrictive. -3- Issue U.S. Position Foreign Position(s) Domestic Implications Outlook Strong opposition from Hawaii (sugar cane), Louisiana, Minnesota (sugar beets), and corn farmers (high-fructose corn syrup). ii. Dairy -- quotas. Prepared to modify. No Australia --- Strong Strong domestic opposition. Uncertain. "unilateral disarmament." interest. Important issue for Cong. Sen. Leahy chairs Senate EC, Austria, Switz. -- Agr. Comm. and has one highly protected dairy interest -- dairy. sectors, but also export interests. Japan -- restricts dairy imports. Strong opposition to iii. Peanuts, cotton, and Prepared to cut. No liberalization. tobacco -- subsidies "unilateral disarmament." and quotas. iv. Meat -- Meat Import Prepared to cut. Cairns -- U.S. quotas Industry supports quotas, Unclear. Act quotas. affect Aus., N.Z., and but exports to Asia are Canada. increasing. c. EC Rebalancing - Totally opposed. EC -- longstanding Strong domestic opposition. EC ought to back off -4- Issue U.S. Position Foreign Position(s) Domestic Implications Outlook As part of overall objective of farm Potential deal-breaker. eventually. tariff reduction, raise bureaucracy. tariffs on soybeans and corn gluten, Cairns -- strongly which currently are opposed. duty-free. Intellectual Property Strengthen IPR protection, EC -- top priority, but has Key domestic constituency Most promising of new Rights (IPR) -- GATT particularly in LDCs. linked to changes in U.S. for UR. Coalition includes issues. Strong developed does not cover IPR. Major law (see below). computers, country support. Key for problems in LDCs. semiconductors, fine U.S. is minimizing changes Japan - top priority. chemicals, films, books, in U.S. law. software, and Developed Countries -- pharmaceuticals. Most support. important item in manufacturing sector. LDCs -- opposition from hardliners, e.g. India. Moderate LDCs moving. 1. Agreed standards for Strengthen IPR standards EC -- Supports standards, Strong domestic IPR Reasonably good if patents, copyrights in all areas. but wants changes in U.S. support. Interest could differences with the EC can (software), trademarks, and law (below). diminish if extensive be ironed out, so U.S. and trade secrets. Limits on changes in U.S. law EC present common front compulsory licensing. Nordics & Swiss because of belief that can to LDCs. -- same. fall back on section 301 if no agreement. Japan -- support IPR stds, but problems on semiconductors and compulsory licensing. -5- Issue U.S. Position Foreign Position(s) Domestic Implications Outlook 2. Enforcement. GATT sanctions against EC, Japan, Nordics, and U.S. industry supports Key is amending section Measures to enforce countries which fail to Swiss --- Want changes in effective enforcement 337 in a way that agreed standards. provide adequate IPR section 337, so U.S. ITC mechanisms. Some preserves effective remedy, protection. Authority for procedures conform to sectors, e.g. but is arguably GATT- IPR owner enforce rights those used by the U.S. semiconductors, may bolt if consistent. against infringers, including district courts in purely extensive changes to infringing imports. Clarify domestic IPR litigation. section 337. status of section 337, which authorizes U.S. International Trade Commission (ITC) to investigate and exclude infringing imports. 3. Changes in U.S. law. U.S. opposes changes, but is under pressure. a. Appellations of Oppose. EC -- High priority. Opposition from U.S. wine Strong pressure to Origin -European wine French and Italians. industry (California). compromise with EC. labels, e.g. burgundy and bordeaux. Key EC objective. U.S. under pressure. b. Moral rights. Berne Oppose. U.S. did not EC, Canada, Japan, and Strong opposition from U.S. Unclear. For EC, may be Convention gives artists accept Berne moral rights Nordics --- Support moral film and media industries. tied to appellations of control over use of work, provisions when signed rights. origin. e.g. prevent colorization of treaty. films. -6- Issue U.S. Position Foreign Position(s) Domestic Implications Outlook c. Patents. U.S. uses Oppose "first to file." EC, Japan, and Canada - Strong opposition from U.S. Uncertain. "first to invent," whereas - support. patent bar. many nations use "first to file." d. LDC Participation -- Support broad LDC EC, Japan, Nordics, and Agreement needs broad Unclear. If rest of UR Key issue is whether LDCs participation with no Swiss -- same. LDC participation to get comes together, including will accept IPR agreement. exemptions from industry support. textiles and agriculture, obligations. LDCs -- Oppose GATT pressure on LDCs to agreement. If agreement, agree. limit it to "counterfeiting" and leave rest of IPR to WIPO. Services -- GATT does Agreement to bring EC, Japan, and other Mixed. Depends on sector Poor. USTR believes that not cover trade in services. services into GATT. developed countries (see below). framework agreement is Authority to exclude certain support services agmt. most likely outcome. This sectors. would disappoint U.S. LDCs -- opposed. Seek service industry coalition. exemptions for developing countries. 1. Standards. Substantive rules to govern Developed Countries -- Important issue is financial Negotiators believe that services trade. Questions support in principle. services (American best can be achieved is a remain as to what Express et al.). framework agreement. obligations are appropriate. LDCs -- Strong opposition from India and hardliners. ASEAN and Korea -- more flexibility, but no public support. -7- Issue U.S. Position Foreign Position(s) Domestic Implications Outlook 2. Financial Services Split. Industry and USTR EC -- Supports financial Strong support from major Progress on text. Annex is Annex. want financial services in services discipline. One- U.S. financial institutions. quite far along, but unclear the GATT. Treasury has way cross-retaliation. Some concerns from small whether has any effect if concerns about banks, but probably can be tied to non-binding implementation, but has LDCs -- opposed. No taken care of. framework. Need to sort gone along so far. Cross- cross-retaliation. Also out cross-retaliation. retaliation (goods v. want to water down financial services) is Financial Annex to weaker unresolved. USTR and standards of generic industry support. Treasury services agreement (which opposed at highest levels. Treasury opposes.) 3. Initial Liberalization U.S. wants specific ILCs, All -- Will have difficulty, U.S. industry wants specific Questionable. Negotiators Commitments (ILCs). i.e. promises to undertake because far behind commitments, so doubt that ILCs can be specific sectoral obligations schedule. agreement means completed within UR within a specified period something and is not timetable. If so, status of after end of UR. limited to framework. financial services is unclear, since dependent on future talks. 4. Coverage. Scope of Supports coverage of all EC and Japan support Opposition from maritime, If U.S. seeks carve-outs agreement in terms of services for certain universal coverage. aviation, and basic from coverage, other covered sectors. obligations, e.g. telecommunications. countries will seek similar transparency, but carve-outs, gutting the exclusions from substantive agreement. One solution is obligations, including MFN, broad coverage with for certain sectors. minimal obligations for certain sectors, but this -8- Issue U.S. Position Foreign Position(s) Domestic Implications Outlook invites weak agreement. a. Maritime. Industry wants exclusion Industry efforts to cover Unclear. Potentially a from agreement to maritime in U.S.-Canada major problem. MFN preserve Jones Act FTA. Strong support on derogations likely. restrictions on foreign House Rules Committee. shipping. b. Aviation. Airlines wants carve-out. Foreign governments Strong politically. Unclear. Potentially a Believe U.S. has greater pressing for broad major problem. MFN leverage in bilateral coverage. EC has same derogations likely. aviation negotiations, problem as U.S., but wants because foreign carriers derogation from MFN. need access to U.S. market. C. Telecommunications. Industry seeks carve-out Foreign governments want Strong politically. Unclear. Potentially a for basic services. broad coverage. major problem. MFN Concerned that GATT derogations likely. agreement could lock in unbalanced situation where U.S. provides open access and foreigners do not. Prefers section 301. d. Culture. Strongly oppose a cultural EC and Canada support If cultural exception, Motion Unclear. exception. cultural exception aimed at Picture Association (Jack limiting U.S. movies and Valenti) will actively oppose television. UR. -9- Issue U.S. Position Foreign Position(s) Domestic Implications Outlook Trade-Related Support rules prohibiting EC, Japan, and Nordics U.S. multinationals want May be headed toward Investment Measures local content and export -- Support TRIMs rules, TRIMS rules. Congress is modest agreement that (1) (TRIMs) Trade- performance requirements. but not a high priority. indifferent, as long as prohibits local content distorting conditions that agreement does not affect requirements (already are imposed on foreign LDCs -- Oppose states' ability to attract GATT-illegal), (2) adds investors, particularly in prohibitions on TRIMs. foreign investors. (Despite some new discipline over LDCs. India and Brazil are most industry support, Hill tends export requirements, and hardline. ASEAN opposes to see overseas investment (3) contains some TRIMs, but has internal as exporting jobs.) exceptions for LDCs. divisions. Mexico and Korea may be prepared to deal. Government Procurement Expand Code coverage, EC -- Tabled broad and Industry has longstanding Could be a surprise selling -- Tokyo Round Code particularly to sectors that sweeping proposal to interest in access to EC. point for UR. Need to work allows foreign companies were not covered in Tokyo expand EC sectoral USTR believes states may with states on coverage to bid on certain govt. Round, e.g. European coverage, including be receptive to inclusion, issue. contracts. telecomm. and heavy telecomm., transport, and but may insist on the right electrical equipment (HEE). HEE. In return, wants U.S. to exit the Code in the to cover state procurement future. and public utilities. Tariff and Non-tariff Reduce high tariffs and All Developed Countries Strong interest in zero-for- Request-offer is time- Measures (NTMs) -- tariff NTMs, particularly in LDCs. -- support formula cut, e.g. zero, e.g. semiconductors consuming. May be and non-tariff barriers to Support specific request- 33 percent cut for all and steel. Strong headed for formula cut, trade. Agreement on target offer approach, e.g. trade products, with certain opposition to trading off which could be negotiated of 33 percent cuts. cuts on specific items. exceptions. Oppose high U.S. tariffs, which are more quickly. While not "Zero-for-zero" proposal request-offer. concentrated in agr., glamorous, tariff cuts for certain sectors, where chemicals, and textiles. generate surprising all countries would go to LDCs -- resistance to Light truck tariff (25%) is domestic support, because zero tariff. Current U.S. reducing or binding tariffs, issue for U.S. car of direct impact on bottom proposal does not meet 33 which tend to be high. companies. line. Some U.S. tariff cuts -10- Issue U.S. Position Foreign Position(s) Domestic Implications Outlook percent target, in part Want U.S. textile tariffs. highly sensitive. because of exclusion of agriculture and textiles. Opportun to weakening people for using atter pution 301 against Jon. Dispute Settlement Supports timely GATT EC -- opposes automatic Important issue for Negotiations center on two GATT disputes now settled dispute settlement system adoption of panel reports. Congress, e.g. Senator issues -- automaticity and by rulings of panels of that assures automatic Bentsen. Section 301 was section 301, which could impartial experts. adoption of panel reports. All -- Support limits on centerpiece of 1988 Trade be headed for a trade-off. Procedures allow losing Oppose restrictions on 301, U.S. "unilateralism," i.e. Act. Support for action Sensitive political issue that party to block adverse but isolated internationally. section 301. against foreign unfair trade depends on perceptions of findings. Creates pressure barriers overall UR package and to go outside GATT and limits on using 301 in use section 301. Some industries, e.g. sectors not covered by the telecomm. and motion pictures, may oppose limits GATT. Key to Hil concern on section 301 if rest of UR does not address their is effect # # on efforts to issues and believe can do better unilaterally. open Japanese market Antidumping -- Trade law Advocate stronger AD EC -- similar to U.S. Steel, textiles, Negotiating group is remedy against unfairly remedies: (1) to address semiconductors, and other sharply split. LDCs priced imports that injure a circumvention of AD orders Japan, Korea, Hong Kong, import-sensitive industries pushing hard, but U.S. and U.S. industry. Most widely and (2) increased penalties and LDCs -- Support AD strongly oppose any EC oppose. Modest used remedy in U.S. trade for repeat dumping. reforms. Want to reduce weakening of unfair trade changes possible, but law. Major issue for LDCs. Support increased exposure to U.S. and EC laws. Sympathy in the significant weakening transparency, but oppose AD measures. Congress because AD would generate strong U.S. most reforms sought by involves "unfair trade" opposition. Potential deal- LDCs and Japan. Nordics and Canada -- practices. breaker if mishandled. Similar to LDCs. -11- Issue U.S. Position Foreign Position(s) Domestic Implications Outlook Subsidies -- GATT U.S. supports strengthened EC, Japan, Canada, and U.S. industry supports Little progress. Agreement prohibits export subsidies GATT subsidies discipline, LDCs -- Oppose new discipline over subsidies likely to reflect status quo, for manufactured goods particularly subsidies with limits on government and targeting. Opposes i.e. limited GATT discipline (but not agriculture). trade impact. Also subsidies. Support trade-offs involving CVD. over subsidies, but broad Governments can grant strengthen rules regarding exempting certain Congress will oppose CVD scope for CVD. May be domestic subsidies, but targeting and natural subsidies, e.g. regional and changes, particularly if no some new limits on CVD, importing country can resource subsidies. structural adjustment, from progress on subsidies. which will be controversial. impose countervailing Oppose weakening of U.S. CVD. EC insistent on Broad carve-outs for If no agreement, UR would duties (CVDs) on CVD laws. Red/yellow/ exempting regional and regional and structural not be jeopardized. subsidized imports. green proposal intended to structural adjustment subsidies are non-starters. create clear categories for subsidies from CVD. prohibited and permitted subsidies. Japan -- Opposes targeting discipline. 1. Steel -- As part of VRA Because of lack of EC -- Interested in steel U.S. industry supports Surprising foreign interest renewal, President progress on generic consensus. Concerned consensus if it does not in sectoral steel consensus. committed to seek to subsidies discipline about treatment of past weaken existing AD/CVD Negotiators believe may be negotiate international steel (above), U.S. proposing steel subsidies (Italy) under rights. Will oppose any possible to finesse AD/CVD consensus to limit unfair sectoral agreement to limit U.S. CVD law. restrictions on ability to problem. trade practices and market steel subsidies, tariffs, and pursue AD/CVD after VRAs access barriers in steel quotas. Japan and Korea -- expire in 1992. sector. Interested in steel consensus, but want protection from steel AD/CVD actions. Brazil -- Wants exemption of past subsidies from CVD. -12- Issue U.S. Position Foreign Position(s) Domestic Implications Outlook Textiles -- Textiles trade Support reintegrating EC -- Supports MFA Textile quota bill has Despite LDC support for is covered by the Multi- textiles trade into GATT, reintegration, but strong passed House and Senate phasing out MFA, unclear Fiber Arrangement (MFA), i.e. phasing out protection resistance from EC by large margins. whether this position will which authorizes over transition period. industry. Unclear whether Ostensible goal is stick. Many LDCs benefit negotiated quotas to Support global quotas for serious. Problem with legislated quotas, but from the MFA. Negotiation prevent market disruption. transition mechanism, but Greece and Portugal. secondary objective is to likely to focus on growth Textiles is the only type of prepared to discuss MFA- disrupt GATT talks. Strong rates for MFA quotas, MFN trade benefiting from this based transition. Need LDCs -- Want to phase opposition to cutting U.S. duration, and safeguard special quota protection. improved market disruption out the MFA by increasing textile tariffs. mechanisms. Could result rules (e.g., cumulate across growth rates from current in something similar to countries. rate of 6 percent annually. MFA, which would not generate undue Cong. opposition. Safeguards -- GATT Has kept position fuzzy. LDCs - Support U.S. Some support for Negotiations appear contains "escape clause" Seeks mechanism that will safeguards discipline. greater discipline over headed toward N.Z. allowing temporary reduce tendency to resort VRAs, but not a high compromise. Would protection to facilitate to VRAs. EC -- Oppose new limits priority. Some labor union increase our ability to use adjustment to import on safeguards. and industry interest in section 201, which could competition. improving section 201, generate some domestic which implements GATT support. Would require escape clause, but is phase- out of steel VRAs, hardly used in U.S. which we have already promised to do. 1. MFN -- GATT Expressed some interest in LDCs -- Want MFN U.S. industry opposes May be headed for MFN. safeguard measures, i.e., MFN. requirement, which in effect unilateral selectivity. tariff increased or quotas, would prohibit VRAs and must be applied on MFN VERs. Reject selectivity basis to all suppliers. which would allow them to be singled out. Imported -13- Issue U.S. Position Foreign Position(s) Domestic Implications Outlook 2. VRAs -- Many Concern that GATT EC -- Proposed amending U.S. has VRAs on steel U.S. can live with New countries going outside requirements are too hard GATT to allow selective, and machine tools and Zealand proposal. Can GATT by negotiating VRAs to meet (e.g., non-MFN quotas. VER with Japan on autos. also live with status quo or VERs. compensation and thus Steel industry appears to with no agreement and encourage "grey area" New Zealand -- accept VRAs end in 1992. continued consensual VRAs. Compromise would provide Japan not filling auto VER. selectivity. grater flexibility to impose temporary safeguards measures, but tighten injury standards, set firm 2- to 3- year deadline for termination, and require MFN. No compensation. Balance-of-Payments Support stricter GATT Developed Countries -- Industry and Congress are LDCs playing hardball. (BOP) -- GATT rules are review of BOP measures Support BOP reform. supportive, but not a high May come around if weak and allow LDCs to and improvements in rules priority domestically. concerns on textiles and maintain long-term import to prevent abuse. LDCs -- Strongly opposed. safeguards are met. quotas, ostensibly for BOP Have refused to negotiate. Outcome, if any, likely to reasons. GATT BOP Claim BOP is not subject be modest. In absence of Committee, which is for UR discussion. Brazil, agreement, might be able responsible for enforcing India, and Philippines are to use GATT dispute BOP rules, has been problems. settlement to go after BOP captured by LDCs. abuses. -14- Issue U.S. Position Foreign Position(s) Domestic Implications Outlook Implementation -- Key Quad (EC, Japan, Canada, Industry wants progress Unclear. Could be EPC Unclear. issue in UR is getting LDCs and U.S.) discussions with LDCs. Failure of issue. Might be possible to to accept new disciplines, showed common concern sufficient LDCs to joint key couple single protocol with particularly in IPR, about LDC acceptance and agreements, e.g. IPR, will discretionary authority to services, and investment. free riders. create problems and/or provide (or deny) MFN to Risk that if allow countries weaken domestic support. satisfy State. to pick and choose, LDCs LDCs -- Hardliners, e.g. will opt out of key India, unlikely to join No inter-agency agreements, creating "free certain agreements absent consensus. State likely to HEN rider" problem. USTR intervening event. have foreign policy exploring "single protocol," concerns about denying i.e., new protocol covering GATT Secretariat -- MFN to non-signatories LDC mhets, all UR results would Supports some form of who are U.S. allies. replace GATT. A country universal application. could either sign new protocol or opt out. No MFN obligation to provide trade concessions to non- signatories, since supersedes GATT. Withdrawal/Redaction Sheet (George Bush Library) Document No. Subject/Title of Document Date Restriction Class. and Type 05. Memo From Roger Porter to John Sununu 8/8/90 P Re: Political Strategy for the Uruguay Round (5 pp.) Collection: Record Group: Bush Presidential Records Office: Chief of Staff, White House Office of Open on Expiration of PRA Series: Sununu, John, Files (Document Follows) Subseries: Issues Files By If (NLGB) on 5/12/05 WHORM Cat.: File Location: Uruguay Round (1990) Date Closed: 12/13/2004 OA/ID Number: 29174-002 FOIA/SYS Case #: 1998-0004-F[1] Appeal Case #: Re-review Case #: 2005-0426-S Appeal Disposition: P-2/P-5 Review Case #: Disposition Date: AR Case #: MR Case #: AR Disposition: MR Disposition: AR Disposition Date: MR Disposition Date: RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P-1 National Security Classified Information [(a)(1) of the PRA] (b)(1) National security classified information [(b)(1) of the FOIA] P-2 Relating to the appointment to Federal office [(a)(2) of the PRA] (b)(2) Release would disclose internal personnel rules and practices of an P-3 Release would violate a Federal statute [(a)(3) of the PRA] agency [(b)(2) of the FOIA] P-4 Release would disclose trade secrets or confidential commercial or (b)(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] (b)(4) Release would disclose trade secrets or confidential or financial P-5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] (b)(6) Release would constitute a clearly unwarranted invasion of P-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] (b)(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed of (b)(8) Release would disclose information concerning the regulation of gift. financial institutions [(b)(8) of the FOIA] (b)(9) Release would disclose geological or geophysical information PRM. Removed as a personal record misfile. AC/ER + THE WHITE HOUSE WASHINGTON August 8, 1990 MEMORANDUM FOR GOVERNOR SUNUNU THE CHIEF of STAFF FREDERICK D. McCLURE has seen 9/12/90 FROM: ROGER B. PORTER RBP SUBJECT: Political Strategy for the Uruguay Round It is important for the White House to develop a political strategy for the Uruguay Round of multilateral trade negotiations. We should not take Congressional approval of an Uruguay Round agreement for granted. Our objective in the Uruguay Round is a major agreement that fundamentally reforms the multilateral trading system. By pursuing an ambitious negotiating strategy, we have also assumed certain political risks. A major Uruguay Round agreement could require politically sensitive changes in U.S. domestic policies, particularly in the farm sector, and in the levels of protection currently afforded to certain politically powerful U.S. industries. Domestic opposition groups already are mobilizing to head off U.S. concessions and, if necessary, fight a Uruguay Round agreement in the Congress. Consequently, there is potential for a divisive legislative battle over U.S. implementing legislation. We must start building political support for an agreement now. In deciding to pursue a far-reaching agreement, we also chose to take on the political challenge of altering certain trade-distortive domestic policies and trade barriers. It would not be fair to leave the political burden to USTR, which needs and expects continued White House support and input. In short, we must ensure that our ambitious negotiating strategy is integrated with a comprehensive political and legislative strategy for building the requisite domestic political support to get the agreement through the Congress. The attached paper describes possible elements of a successful political strategy. Attachment August 8, 1990 LEGISLATIVE STRATEGY FOR THE URUGUAY ROUND It is important for the Administration to develop a political strategy for securing Congressional approval of a Uruguay Round trade agreement. This strategy must focus on two goals: (1) educating the Congress on the potential commercial benefits of the agreement, and (2) building a domestic political coalition to get the package approved. 1. We are pursuing a "big package" trade strategy in the Uruguay Round. Our objective in the Uruguay Round is a major agreement that fundamentally reforms the multilateral trading system. We are seeking substantial reductions in agricultural subsidies and trade barriers, areas that have evaded effective GATT discipline for over 40 years. We want to expand GATT to cover trade in services, investment, and intellectual property rights (IPR). We have asked for sharp reductions in tariffs and trade barriers of less-developed countries (LDCs), a point of high sensitivity to the LDCs. Finally, we have made it clear that politically sensitive U.S. policies and trade barriers, including textiles and sugar, are on the negotiating table. 2. It is important to develop a political strategy for securing Congressional approval of an agreement. We should not take Congressional approval of a Uruguay Round implementing bill for granted. By pursuing an ambitious negotiating strategy, we have assumed certain political risks. Negotiating a major Uruguay Round agreement could require politically sensitive changes in U.S. domestic policies, particularly in the farm sector, and in the levels of protection currently afforded to certain politically powerful U.S. industries. These industries already are mobilizing to head off U.S. concessions, and if necessary, fight the Uruguay Round agreement on the Hill. Consequently, there is potential for a divisive legislative battle over U.S. implementing legislation. 3. We must begin building a political coalition to get the agreement through the Congress. We must begin raising the public visibility of the talks and building a political coalition to get an agreement approved. As the Senate textile bill vote showed, Congress has not paid much attention to the Uruguay Round and is skeptical about its potential to advance U.S. economic interests. -2- Potential sources of support for an agreement include the following: Agricultural feedgrains. Significant reductions in European trade barriers and export subsidies would allow U.S. wheat, soybean, and corn producers to capture a bigger share of the global market. Strong support from the midwestern farm states will be required to defeat sectoral opposition to opening U.S. agricultural markets. High-tech, pharmaceuticals, computer software, motion pictures, sound recordings, and book publishing. These industries would benefit from an IPR agreement. IPR is the key source of manufacturing sector support for the round. Multinationals. U.S. multinationals, e.g., IBM and Caterpillar, have a major stake in an open trading system and can be expected to support a reasonable Uruguay Round agreement. These companies and their lobbying groups, e.g., the Business Roundtable and ECAT, have a lot of clout on trade issues. Financial Services. The big U.S. banks and financial services providers, e.g., American Express, want increased access to foreign markets. The difficulty is that the services talks are moving slowly and small U.S. banks oppose increased foreign competition. 4. The Administration must handle certain issues with extreme care. It is important to gauge accurately how far we can go on certain issues that could involve politically sensitive changes in U.S. domestic policy. Key pressure points include: o Textiles. The LDCs are pushing hard for liberalization of textile and apparel trade. It is possible, however, that the Uruguay Round could lead to relatively modest changes to the current Multifiber Arrangement (MFA). Many small LDCs benefit from the MFA and would be pushed aside by larger suppliers in an unregulated environment. o Section 337/Copyrights. We have promised to change section 337 of the Tariff Act of 1930 (which provides a trade remedy for enforcing U.S. patents and trademarks) because it was found inconsistent with -3- GATT last year. The Europeans are pressing for changes in U.S. copyright law. Both issues are sensitive. Antidumping. The LDCs, Japan, and Canada are seeking major changes in the U.S. antidumping law, which provides a remedy against unfairly priced imports. The antidumping law has strong domestic support, including steel, textiles, semiconductors, and other import-sensitive industries. This is a potential deal-breaker. Dairy, peanuts, and sugar. As part of an agricultural agreement, the U.S. could be required to phase out certain import restrictions and reduce current price support levels for certain commodities. Such measures will be opposed by U.S. producers of dairy, peanuts, citrus, sugar, and possibly meat. o Section 301. There will be strong Congressional resistance to weakening U.S. rights to retaliate unilaterally against unfair trade practices under section 301. If the opposition groups coalesce, they could pose a formidable obstacle to Congressional approval of a Uruguay Round agreement. 5. The White House must continue to coordinate closely with USTR. The Administration must integrate its trade and legislative strategies as the negotiations proceed. It is important to continue to coordinate closely with USTR. As the negotiations proceed, USTR will need White House input on key tactical and strategic decisions, particularly those with major political implications. I plan to meet regularly with Ambassador Hills during the fall. In addition, Steve Farrar and Warren Maruyama have been working closely with Ambassadors Katz, Lavorel, and Yerxa, and USTR staff on Uruguay Round issues. 6. Bringing the Uruguay Round to a successful conclusion will require continued investments of the President's time and political capital. The President demonstrated his commitment to the Uruguay Round in Houston. His leadership was the key to the successful resolution of the agriculture issue by the G-7. Continued investments of the President's time and political capital will -4- be necessary this fall. The agriculture negotiations, in particular, may require further Presidential involvement. The President must convince the Congress that the Uruguay Round is a personal priority and a key element of the Administration's market-oriented economic policy. It is important to address congressional skepticism about our ability to deliver a good agreement and our willingness to engage in tough bargaining with foreign governments. 7. The President can emphasize that a Uruguay Round agreement will promote U.S. commercial interests and free and fair trade. The President might consider using the following themes in discussions with the Congress: Benefits to U.S. commercial interests. The President should emphasize the practical commercial benefits to American firms and workers of a Uruguay Round agreement. Congress is always skeptical about appeals to foreign policy or "free trade" theology. Direct Presidential involvement. He should reiterate that he will be the ultimate judge of the agreement and is personally committed to getting a good one that promotes free and fair trade and U.S. commercial interests. Willingness to walk away. He should emphasize his willingness to walk away if the agreement does not measure up. This will enhance our credibility with the Congress and increase our bargaining leverage with the foreigners. In concluding trade agreements, it is often necessary for the participants to face the possibility of failure. It is quite possible that the Uruguay Round will reach an impasse sometime this fall. We should be ready for this possibility. Withdrawal/Redaction Sheet (George Bush Library) Document No. Subject/Title of Document Date Restriction Class. and Type 06a. Memo From Roger Porter to John Sununu 10/22/90 5 Re: Helms Inquiry on Textiles Negotiations (1 pp.) Collection: Record Group: Bush Presidential Records Office: Chief of Staff, White House Office of Series: Sununu, John, Files Open on Expiration of PRA Subseries: Issues Files (Document Follows) WHORM Cat.: By JP (NLGB) on 5/12/05 File Location: Uruguay Round (1990) Date Closed: 12/13/2004 OA/ID Number: 29174-002 FOIA/SYS Case #: 1998-0004-F[1] Appeal Case #: Re-review Case #: 2005-0426-S Appeal Disposition: P-2/P-5 Review Case #: Disposition Date: AR Case #: MR Case #: AR Disposition: MR Disposition: AR Disposition Date: MR Disposition Date: RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P-1 National Security Classified Information [(a)(1) of the PRA] (b)(1) National security classified information [(b)(1) of the FOIA] P-2 Relating to the appointment to Federal office [(a)(2) of the PRA] (b)(2) Release would disclose internal personnel rules and practices of an P-3 Release would violate a Federal statute [(a)(3) of the PRA] agency [(b)(2) of the FOIA] P-4 Release would disclose trade secrets or confidential commercial or (b)(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] (b)(4) Release would disclose trade secrets or confidential or financial P-5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] (b)(6) Release would constitute a clearly unwarranted invasion of P-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] (b)(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed of (b)(8) Release would disclose information concerning the regulation of gift. financial institutions [(b)(8) of the FOIA] (b)(9) Release would disclose geological or geophysical information PRM. Removed as a personal record misfile THE CHIEF of STAFF THE WHITE HOUSE WASHINGTON has seen 10/22/90 October 22, 1990 MEMORANDUM FOR GOVERNOR SUNUNU done FROM: ROGER B. PORTER RBP SUBJECT: Helms Inquiry on Textiles Negotiations This memorandum provides additional briefing for your call to Senator Helms regarding the U.S. offer to cut its textile and apparel tariffs in the Uruguay Round. Senator Helms is likely to appeal to you to exclude textile and apparel tariffs from the GATT negotiations. The U.S is submitting a revised Uruguay Round tariff offer today. Because the previous U.S. offer excluded textiles, agriculture, and other import-sensitive sectors, it fell well short of the Uruguay Round target of cutting tariffs by 33 percent. Given the lack of time, the U.S. must submit a credible offer if we are to achieve our objective of substantially reducing foreign tariffs on U.S. exports. There has never been any commitment by the Administration to exclude textile tariffs from the GATT negotiations. The tariffs have not been included in previous offers for tactical reasons. In preparing the latest U.S. offer, USTR worked closely with the American Textile Manufacturing Institute (ATMI). As a result, the U.S. offer has been revised significantly to address industry concerns. In particular, the offer originally proposed a ten (10) percent cut in certain apparel tariffs and a 33 percent cut in certain textile tariffs. After consultations with the industry, the cuts have been changed to six (6) percent and twelve (12) percent respectively. Also, the list of tariffs to be cut has been revised to reflect the industry's views on products that are import-sensitive. Recommendation That you tell Senator Helms that the Administration is committed to going ahead with its tariff offer, which includes cuts for textiles and apparel. You might emphasize that the offer has been discussed with ATMI and revised significantly to address industry concerns. Talking points are attached. Attachment Withdrawal/Redaction Sheet (George Bush Library) Document No. Subject/Title of Document Date Restriction Class. and Type 06b. Paper From Roger Porter to John Sununu 10/22/90 P-5 Talking Points for Conversation w/Senator Helms Regarding Textile Tariffs (1 pp.) Collection: Record Group: Bush Presidential Records Office: Chief of Staff, White House Office of Open on Expiration of PRA Series: Sununu, John, Files (Document Follows) Subseries: Issues Files By If (NLGB) on 5/12/05 WHORM Cat.: File Location: Uruguay Round (1990) Date Closed: 12/13/2004 OA/ID Number: 29174-002 FOIA/SYS Case #: 1998-0004-F[1] Appeal Case #: Re-review Case #: 2005-0426-S Appeal Disposition: P-2/P-5 Review Case #: Disposition Date: AR Case #: MR Case #: AR Disposition: MR Disposition: AR Disposition Date: MR Disposition Date: RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P-1 National Security Classified Information [(a)(1) of the PRA] (b)(1) National security classified information [(b)(1) of the FOIA] P-2 Relating to the appointment to Federal office [(a)(2) of the PRA] (b)(2) Release would disclose internal personnel rules and practices of an P-3 Release would violate a Federal statute [(a)(3) of the PRA] agency [(b)(2) of the FOIA] P-4 Release would disclose trade secrets or confidential commercial or (b)(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] (b)(4) Release would disclose trade secrets or confidential or financial P-5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] (b)(6) Release would constitute a clearly unwarranted invasion of P-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] (b)(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed of (b)(8) Release would disclose information concerning the regulation of gift. financial institutions [(b)(8) of the FOIA] (b)(9) Release would disclose geological or geophysical information PRM. Removed as a personal record misfile. TALKING POINTS FOR CONVERSATION WITH SENATOR HELMS REGARDING TEXTILE TARIFFS (October 22, 1990) Jesse, I appreciate your calling the Uruguay Round tariff issue to my attention. I've discussed your concerns with Carla. I understand that USTR has revised the proposed Uruguay Round tariff offer to accommodate the industry's concerns. In particular: -- The proposed cut for textiles has been reduced from 33 percent to 12 percent. : The proposed cut for apparel has been reduced from 10 percent to 6 percent. : The scope of the offer has been revised significantly to reflect the industry's views on products that are import-sensitive. -- The industry has provided some very helpful advice on products that can be cut to zero. This will be useful, since we won't have to cut as much for other products that the industry cares about. Proposed response if Senator Helms asks for total exclusion of textile and apparel tariffs from the Uruguay Round. I'm afraid that total exclusion is not possible. We cannot achieve our tariff-cutting goals in the Uruguay Round if we exclude textiles. There is pressure from other American industries to reduce foreign tariffs and increase our ability to sell abroad. We have to balance both sides of the equation. Jesse, the President is committed to doing everything within his power to help you. I hope that we can continue to work together on this textile trade issue in the next few months. USTR has revised the offer significantly to accommodate the industry. We cannot delay a decision. We have to go forward.