Shifting Paradigms in US, China and Taiwan Relations
Edited by Peter C.Y. Chow
Chapter 10: Taiwan’s FTA Bid: Process and Prospects from the Global IT Supply Chain Perspective
Merritt T. Cooke PROCESS The US Government’s process for a bilateral FTA country-candidate’s consideration and approval, under the lead agency of the US Trade Representative (USTR), are well established. The basic outline of the process governing both the executive and legislative branches’ roles has been recently described by Ian F. Ferguson and Lenore M. Sek of the Congressional Research Service in their 19 January 2005 CRS Issue Brief for Congress: ‘Trade agreements are negotiated by the executive branch, although Congress has the ultimate Constitutional authority to regulate interstate and foreign commerce. Trade promotion authority (TPA) requires that the President consult with and advise Congress throughout the negotiating process. After the executive branch signs an agreement, Congress must pass implementing legislation to enact any statutory changes required under the agreement. There is no deadline for submission of the legislation, but once a bill is submitted, TPA requires a ﬁnal vote within 90 legislative days. Under trade promotion authority (TPA) legislation passed in 2002 (Title XXI, P.L. 107–210), the President must notify Congress before starting negotiation of a trade agreement and before signing a completed agreement. TPA legislation applies to trade agreements entered into before June 1, 2005, with a possible twoyear extension. The 109th Congress may become involved in deciding whether or not to allow this extension. If the Administration meets the notiﬁcation requirements, consults as required, and satisﬁes other conditions in the TPA legislation, the legislation calls on Congress to consider implementing legislation for a trade agreement...
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