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USTR Releases Negotiating Objectives for Possible UK FTA

It's not clear yet whether the United Kingdom will be leaving the European Union customs union, but nonetheless, the Office of the U.S. Trade Representative released its negotiating objectives late Feb. 28. Many are similar to what was achieved in the NAFTA rewrite.

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In Customs and Trade Facilitation, the goals include:

  • To the greatest extent possible, ensure that shipments are released immediately after determining compliance; provide for new disciplines on timing of release, automation and use of guarantees.
  • Provide for automation of import, export and transit processes, including through supply chain integration; reduce forms and formalities; enhance harmonization of customs data requirements; provide advance rulings.
  • Provide for disciplines on the use of customs brokers.
  • Provide for expedited and streamlined customs treatments for express delivery shipments, including those above any de minimis threshold; obtain a more reciprocal de minimis value. (Currently, purchases of £15 or more are subject to VAT and purchases of £135 or more are assessed for tariffs.)

In agriculture, the goals include establishing "new and enforceable rules to eliminate unjustified trade restrictions or unjustified commercial requirements (including unjustified labeling) that affect new technologies" and assuring that geographic indications "adequately protect generic terms" and are fair.

In enforcement, the USTR is seeking "new procedures to address AD/CVD duty evasion, including the ability to conduct AD/CVD duty evasion verification visits."

A new area addresses the BDS, or Boycott, Divest, Sanctions, movement against Israel's occupation of Palestinian territory. The objectives say the UK should "discourage actions that directly or indirectly prejudice or otherwise discourage commercial activity solely through the United States and Israel," and "discourage politically motivated actions to boycott, divest from, and sanction Israel."