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Source: USTR, 8/22/13
The Office of the United States Trade Representative (USTR) today posted a fact sheet, see below, outlining a new proposal related to the handling of tobacco regulation in the Trans-Pacific Partnership (TPP) Agreement. The United States plans to discuss this proposal in detail during the upcoming TPP negotiations in Bandar Seri Begawan, Brunei August 23-30.
United States Trade Representative Michael Froman issued the following statement:
“Developed following extensive consultations with Congress and with a wide range of American stakeholders – from health advocates to farmers, representing many views on whether and how to address tobacco-related health policy measures in a trade agreement – this proposal will, for the first time in a trade agreement, address specifically the public health issues surrounding tobacco – preserving the ability of the United States and other TPP countries to regulate tobacco and to apply appropriate public health measures, and bringing health and trade officials together if tobacco-related issues arise – while remaining consistent with our trade policy objectives of negotiating a comprehensive agreement that does not create a precedent for excluding agricultural products. We will continue to keep our Congressional partners and stakeholders informed and involved as we negotiate this challenging and important issue with TPP partners, many of whom will be taking into account the same range of concerns.”
Deputy Secretary of the Department of Health and Human Services Bill Corr issued the following statement:
“HHS believes the proposed tobacco language in the Trans-Pacific Partnership trade negotiation will make a difference for tobacco control and public health efforts. The U.S. Government seeks to include this language because tobacco is a unique product – it is highly addictive, always harmful to human health, and the single most preventable cause of death in the world. Recognizing these facts about tobacco through the TPP will represent an important step forward for public health in the international trade community.”
NEW U.S. PROPOSAL ON TOBACCO REGULATION IN THE TRANS-PACIFIC PARTNERSHIP
The Obama Administration plans to table a new proposal on tobacco at the upcoming Trans Pacific Partnership (TPP) negotiations in Brunei that builds on policies and approaches used in past agreements. We are moving forward with this proposal after seeking input from stakeholders, including health advocates, farmers, industry stakeholders, and others. We have been reviewing feedback on this issue for some time, and have engaged in extensive communication with Congress and other stakeholders. We will continue this engagement as we now move forward with a proposal that we believe is the best way to advance the Administration’s public health policy objectives in a manner consistent with our trade policy objectives.
Elements of Revised TPP Tobacco Proposal
• The TPP agreement will, like other trade agreements, contain a general exception for matters necessary to protect human life or health. We will propose including a provision indicating that the TPP Parties understand that general exception applies to tobacco health measures.
• We will also propose adding a provision requiring that before a Party initiates a challenge through TPP dispute settlement to another Party’s tobacco regulatory measure, the health authorities of the concerned Parties shall meet to discuss the measure. These two elements work together to preserve the right to regulate tobacco products domestically.
• Finally, the market access element of the proposal will remain unchanged, consistent with long-standing trade and agriculture policy. As we do for other products, we will continue to press for the elimination of tariffs on U.S. agriculture exports, which, by their very nature, discriminate against American farmers.
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