USTR Issues TPP "Green" Paper on Illegal Trade in Wildlife, Timber, Etc.
The Office of the U.S. Trade Representative has posted a "green" paper as well as remarks by Deputy USTR Marantis on the U.S.' proposal for a conservation framework in the environment chapter in the Trans-Pacific Partnership. Marantis states that the framework would require TPP parties to act to inhibit illegal trade in wildlife and wild plant products, whether or not the product originated in another TPP country.
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Must Have Prohibitions Against Illegal Wildlife Trade, Cooperate on Enforcement
The proposed U.S. TPP conservation framework would include the following:
- Wildlife-protecting trade measures - an obligation to maintain, in national laws, regulations or measures, prohibitions against trading across TPP borders in products harvested or exported in violation of national laws that seek to protect wildlife, forest or living marine resources. Such provisions would reflect and enhance recent trends in a number of countries to restrict trade in products that have been illegally obtained.1
- Reporting and info sharing - Prompt reporting or information sharing related to trade among TPP parties of products within the scope of anti-trafficking obligations, including information-sharing for law enforcement purposes.
- Enforcement cooperation - Mechanisms for cooperation among TPP regulatory and law enforcement authorities in implementing anti-trafficking obligations, including: creation of working groups; exchanges of enforcement personnel; joint law enforcement meetings, exercises and investigations; and participation in and establishment of regional law enforcement networks.
- Partnerships to improve supply chain, address wildlife trade - Enhanced partnership with non-governmental organizations, the private sector, scientific organizations and local communities to address illegal trade in wildlife and wild plant products and promote innovations that improve supply chain management.
In addition, the U.S, has also proposed that these general commitments be supplemented with the following specific provisions:
Full Implementation of Species-Specific CITES Wildlife Resolutions
The U.S. believes it is critical that the TPP directly address the problem of trade in these resources through obligations that complement implementation of measures under CITES -- to which all TPP countries are parties -- including through full implementation of species-specific CITES resolutions and other appropriate measures to protect these species.
Enforcement & Info Coordination on Illegal Logging & Timber Trade
The U.S. has proposed specific obligations for the timber sector, including enhanced coordination through information exchange between government forestry and trade officials, law enforcement cooperation, and opportunities to partner with industry and civil society groups related to implementation and enforcement of national laws.1 These commitments could result in strengthening government capacities and policy and institutional frameworks for forest conservation, management, production and trade, as well as increasing public participation and transparency in forest planning and decision-making.
Disciplines on Fishery Subsidies, Measures Against IIU Practices
Other TPP countries and the U.S. have proposed TPP disciplines on subsidies that contribute to overcapacity and overfishing, potentially lighting the way for a WTO multilateral agreement on fisheries subsidies. With respect to illegal, unregulated and unreported (IUU) fishing, the U.S. has proposed obligations to support measures being developed or implemented through relevant regional fisheries management organizations and other arrangements in the region, such as catch documentation schemes and port State measures. Shark populations in the region are at particular risk, and the U.S. has proposed specific obligations in this area, such as actions to deter “shark-finning” practices.
Also Working to Integrate New Zealand Marine Fisheries Proposal
Deputy USTR Marantis adds that New Zealand has also made a proposal on marine fisheries, and TPP countries are working to integrate those ideas.
1These proposals may be referring to efforts such as the 2008 amendments to the Lacey Act in the U.S. which made it unlawful to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce a broad range of plants and plant products (with some limited exceptions) taken or traded in violation of the laws of the U.S., a U.S. State, or other countries. The amendments also made it unlawful to make or submit any false information or label; implemented an import declaration requirement; and provided for civil and criminal penalties. (See ITT's Online Archives [Ref 08100805] for more information.)
(See ITT’s Online Archives 11120625 for summary of USTR seeking comments on Canada, Japan and Mexico’s interest in joining the TPP talks.
See ITT's Online Archives 11111413 for summary of the TPP Ministers' report on TPP negotiations.
See ITT’s Online Archives 11111518 for USTR overview of the legal texts of the TPP for customs, rules of origin, textiles, etc.)
Deputy USTR Marantis remarks, dated 12/05/11, available here