ICYMI: U.S. Trade Rep. Ambassador Katherine Tai appeared before the Senate Finance Committee and the House Ways & Means Committee last week to discuss the administration’s trade policy agenda, where Members expressed concern the proposed waiver WTO’s Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement, which would allow the world to infringe on the IP behind COVID vaccines and therapeutics.
“[W]e must protect the intellectual property that is at the heart of America’s innovation engine,” said Rep. Adrian Smith (R-NE) at Wednesday’s Ways and Means hearing. Pursing the TRIPS waiver without Congressional approval “hands over cutting-edge American IP to China, Russia, and other nefarious actors without any analysis of how the waiver would vaccinate the world.”
Has Congress been consulted? Although Ambassador Tai said “Congress, including this Committee, is our constitutional partner on trade” and expressed commitment to “close consultations and a robust partnership between our two branches of government,” Members expressed frustration at the lack of consultation on negotiations in Geneva.
“At last year's trade agenda hearing, Ambassador Tai, you stated that you would brief this committee before and after each negotiating session,” said Senate Finance Ranking Member Mike Crapo (R-ID) during Thursday’s hearing. “That hasn’t happened."
Meanwhile: The U.S., EU, India, and South Africa reportedly reached a “compromise outcome” on key elements of TRIPS, and USTR issued a press release confirming it, said Sen. Crapo. However, “USTR refuses to share the text of that outcome with this committee.”
“No one on this committee appears to have known anything about the details of that agreement before it was announced,” echoed Sen. Foreign Relations Chair Robert Menendez (D-NJ). “We were kept in the dark.”
But is there an agreement or not? Ambassador Tai said “there has been no agreement,” adding that the text was a “concept,” per Reuters.
“I think the point, Ambassador, is it can bring us all together, because we need consultation apart from hearings,” chimed in Senate Finance Chair Ron Wyden (D-OR). “In other words, it just needs to be ongoing.”
Catch up: The hearings also covered agricultural trade issues in Mexico, the EU, and more—read our coverage.
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