Infringements on labor rights pervade Honduran industry, in violation of the Dominican Republic-Central America Free Trade Agreement (DR-CAFTA), Communications Workers of America President Larry Cohen said on Oct. 15, after a trip to Honduras with a Democratic congressman and other union leaders. The trip focused on U.S. immigration policy and the poor Honduran economy, but Cohen stressed the need for the Labor Department to act on an AFL-CIO complaint on the labor rights violations, which include the murder of lawyers and weakened bargaining rights.
The transparency activist group WikiLeaks released what it claims to be the latest chapter on intellectual rights in Trans-Pacific Partnership negotiations to meet the public eye. The text, made public Oct. 16, was supposedly released to TPP negotiators in May, and the leak has sparked an outcry from some TPP critics who say the leak shows the U.S. is committed to protecting the pharmaceutical industry over global access to medicine. WikiLeaks, Public Citizen and other activists charge the text shows the U.S. wants extended patent exclusivity for biologics.
More than 30 industry associations, business groups and other advocates pushed the U.S. and Canada in an Oct. 10 letter to harmonize regulations in order to boost trade and safeguard the two countries from third-country threats, according to the Wilson Center's Canada Institute. The two sides should build from a recent Joint Forward Plan, released in August, which focuses on increased bilateral cooperation. In the plan, the U.S.-Canada Regulatory Cooperation Council pressed the need to further align regulatory functions in meat inspection and certification, plant and animal health, food and toy safety, and a long list of other areas (see 14090224).
A World Trade Organization dispute settlement panel shot down a range of Indian import bans on agricultural products, namely American poultry and live eggs, saying the restrictions violate international trade rules by, in part, failing to provide sufficient scientific justification (here). India put the measures in place, at least ostensibly, to fight back the spread of avian influenza (AI), also known as bird flu. But the WTO ruled in favor of U.S. claims that the bans do not comply with the WTO agreement on sanitary and phytosanitary (SPS) measures, as well as the WTO General Agreement on Tariffs and Trade (GATT).
The U.S. and Indonesia struck compromise on Oct. 3 in a long-running dispute over a U.S. sales ban on clove cigarettes, the World Trade Organization announced (here). The WTO’s dispute arm faulted the U.S. for the ban, which stems from the Family Smoking Prevention Tobacco Control Act of 2009. Indonesia floated its retaliation plans in 2013, and after the U.S. objected, the two sides agreed to re-arbitrate the dispute. The U.S. ban on flavored cigarettes does not include menthol cigarettes, one part of the law that Indonesia argued is discriminatory.
The Federal Trade Commission issued a final rule in mid-September that includes the Internet under regulations governing the sale of merchandise by phone or mail. Under the Mail or Telephone Order Merchandise Rule, a seller cannot solicit mail or telephone order sales unless it can ship the merchandise within 30 days. The FTC’s final rule clarifies that Internet sales must also follow the Rule. The final rule also changes the time limit for issuing refunds to seven days, unless original payment was made on a credit card issued by the retailer. The changes take effect Dec. 8.
Despite concerns over El Salvador’s seed procurement policy, a leading U.S. development agency, the Millennium Challenge Corporation (MCC), brokered a nearly $300 million deal with the El Salvadorian government in late September to boost infrastructure, education and regulatory reform. “By improving public sector efficiency and encouraging private sector investment in infrastructure, this compact will lay the groundwork for continued economic growth in El Salvador,” said a MCC statement. Democratic House members hit back in July at criticism of that seed procurement policy, which suggests the practice violates the Central American Free Trade Agreement. Those lawmakers said the policy is a food security precaution, while urging the State Department to move ahead with its aid efforts in El Salvador (see 14070722).
The Bureau of Alcohol, Tobacco and Firearms is proposing new regulations on procedures for disapproval of initial permit applications, denials of renewals, and revocations of explosives licenses and permits. ATF was part of the Treasury Department before moving to the Justice Department in 2002, and still follows Treasury Department regulations on explosives licenses. The new regulations would reflect the switch, albeit 12 years after the fact. The proposed rule also makes changes to procedures for firearms license denials, suspensions, revocations and fines. Comments are due Jan. 5.
U.S. manufacturing and other industry representatives are still optimistically eyeing trade and investment improvement in India under the new Narendra Modi government, despite some disheartening developments in recent months, such as the Indian veto of the World Trade Organization (WTO) facilitation agreement, those industry advocates said on Oct. 3 at the National Foreign Trade Council (NFTC). U.S. industry is “waiting to see” if Prime Minister Modi will make good on his promise to open up and add transparency to the Indian economy, however, the representatives said. Modi and President Barack Obama pledged to improve relations in a number of trade areas, following meetings on Sept. 29-30 (see 14100101). Modi took office in May.
The Justice Department's Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) published the 2014 list of explosives determined to be within the coverage of 18 USC 841. The list takes effect Oct. 7. In a change from previous lists, ATF added "Pyrotechnic fuses," such as black matches, ignition fuses, and quick matches, as an explosive material if they are not otherwise exempt as a component of ammunition or as black powder articles intended for the sporting, recreational, or cultural purposes in antique firearms or devices. ATF said the list is intended to include all mixtures containing any of the materials on the list. While the list is comprehensive, it is not all-inclusive, said ATF. The fact that an explosive material is not on the list does not mean that it is not within the coverage of the law if it otherwise meets the statutory definitions in 18 USC 841, it said.