ANNOUNCEMENT 05 May 2017

A law providing appropriations for the remaining months of Fiscal Year 2017 includes numerous Buy American provisions, as well as others related to trade.

NUMBER OF INTERVENTIONS

9

  • 7 harmful
  • 1 neutral
  • 1 liberalising
Inception date: 05 May 2017 | Removal date: 30 Sep 2021
Still in force

Public procurement localisation

An unnumbered section provides that for the construction, acquisition, or conversion of numerous naval vessels for a total of $21,156,886,000 that will remain available for obligation until September 30, 2021.

This appropriation provides, “That none of the funds provided under this heading for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign facilities for the construction of major components of such vessel: Provided further, That none of the funds provided under this heading shall be used for the construction of any naval vessel in foreign shipyards.”

AFFECTED SECTORS

 

AFFECTED PRODUCTS

 
Inception date: 05 May 2017 | Removal date: 30 Sep 2017
Still in force

Trade finance

Section 7025 provides that, “None of the funds appropriated or made available … to the Export-Import Bank and the Overseas Private Investment Corporation shall be obligated or expended to finance any loan, any assistance, or any other financial commitments for establishing or expanding production of any commodity for export by any country other than the United States, if the commodity is likely to be in surplus on world markets at the time the resulting productive capacity is expected to become operative and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity.” It provides a waiver authority in cases where “in the judgment of [the Export-Import Bank] Board of Directors the benefits to industry and employment in the United States are likely to outweigh the injury to United States producers of the same, similar, or competing commodity, and the Chairman of the Board so notifies the [congressional] Committees on Appropriations.”

The same section further provides that, “None of the funds appropriated by this or any other Act … shall be available for any testing or breeding feasibility study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States.” Certain exceptions are provided, such as for “activities designed to increase food security in developing countries where such activities will not have a significant impact on the export of agricultural commodities of the United States.”

 

 

 

 
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Inception date: 05 May 2017 | Removal date: 30 Sep 2017
Still in force

Export ban

On May 5, 2017 President Trump signed into law a bill (H.R.244), commonly known as a “continuing resolution,” that provides appropriations for the remaining months of Fiscal Year 2017 (which ends September 30, 2017). Section 410 amounts to a near-ban on the exportation of certain timber. It states that,

No timber sale in Alaska’s Region 10 shall be advertised if the indicated rate is deficit (defined as the value of the timber is not sufficient to cover all logging and stumpage costs and provide a normal profit and risk allowance under the Forest Service’s appraisal process) when appraised using a residual value appraisal. The western red cedar timber from those sales which is surplus to the needs of the domestic processors in Alaska, shall be made available to domestic processors in the contiguous 48 United States at prevailing domestic prices. All additional western red cedar volume not sold to Alaska or contiguous 48 United States domestic processors may be exported to foreign markets at the election of the timber sale holder. All Alaska yellow cedar may be sold at prevailing export prices at the election of the timber sale holder.

Inception date: 05 May 2017 | Removal date: 30 Sep 2017
Still in force

Export-related non-tariff measure, nes

On May 5, 2017 President Trump signed into law a bill (H.R.244), commonly known as a “continuing resolution,” that provides appropriations for the remaining months of Fiscal Year 2017 (which ends September 30, 2017). Sections 509 and 7010 each provide that,

None of the funds made available by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type.

 

Inception date: 05 May 2017 | Removal date: 30 Sep 2017
Still in force

Export licensing requirement

On May 5, 2017 President Trump signed into law a bill (H.R.244), commonly known as a “continuing resolution,” that provides appropriations for the remaining months of Fiscal Year 2017 (which ends September 30, 2017). Section 517 concerns arms exports to Canada. With certain exceptions, it provides that,

Notwithstanding any other provision of law or treaty, none of the funds appropriated or otherwise made available under this Act or any other Act may be expended or obligated by a department, agency, or instrumentality of the United States to pay administrative expenses or to compensate an officer or employee of the United States in connection with requiring an export license for the export to Canada of components, parts, accessories or attachments for firearms … with a total value not exceeding $500 wholesale in any transaction.

 

Inception date: 05 May 2017 | Removal date: 30 Sep 2017
Still in force

Export licensing requirement

On May 5, 2017 President Trump signed into law a bill (H.R.244), commonly known as a “continuing resolution,” that provides appropriations for the remaining months of Fiscal Year 2017 (which ends September 30, 2017). Section 7043(e) provides that,

None of the funds appropriated under the heading “Diplomatic and Consular Programs” in this Act may be obligated or expended for processing licenses for the export of satellites of United States origin (including commercial satellites and satellite components) to the People's Republic of China (PRC) unless, at least 15 days in advance, the Committees on Appropriations are notified of such proposed action.

Inception date: 05 May 2017 | Removal date: 30 Sep 2017
Still in force

Anti-dumping

On May 5, 2017 President Trump signed into law a bill (H.R.244), commonly known as a “continuing resolution,” that provides appropriations for the remaining months of Fiscal Year 2017 (which ends September 30, 2017). An unnumbered provision states that, of the funding provided for the international trade activities of the Department of Commerce, “not less than $16,400,000 shall be for China antidumping and countervailing duty enforcement and compliance activities.”

 

 
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Inception date: 05 May 2017 | Removal date: 30 Sep 2017
Still in force

State aid, nes

 

Section 7025 states that, “The Secretary of the Treasury shall instruct the United States executive directors of the international financial institutions … to use the voice and vote of the United States to oppose any assistance by such institutions, using funds appropriated or made available by this Act, for the production or extraction of any commodity or mineral for export, if it is in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity.”

 

 

 

 

 
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Inception date: 05 May 2017 | Removal date: 30 Sep 2017
Still in force

Local operations

 

Section 7079 provides that no funds may be obligated or expended to provide “any financial incentive to a business enterprise currently located in the United States for the purpose of inducing such an enterprise to relocate outside the United States if such incentive or inducement is likely to reduce the number of employees of such business enterprise in the United States because United States production is being replaced by such enterprise outside the United States.” The provision also bans “assistance for any program, project, or activity that contributes to the violation of internationally recognized workers' rights,” or “any assistance to an entity outside the United States if such assistance is for the purpose of directly relocating or transferring jobs from the United States to other countries and adversely impacts the labor force in the United States.”

 

 

 

 
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