More than a dozen government
agencies, commissions and international courts have jurisdiction over some
aspect of international trade. Many of these agencies work closely with USTR;
others operate in a separate arena, for example, the agencies that provide “how
to” advice and financial support for U.S.
exporters. Several government agencies collect detailed trade-related economic
data used by the public and private sector. Others deal with enforcement of
international trade laws, and the distribution of
U.S. aid to
developing nations.
The Department of Commerce
The Commerce Department has a
large staff and several offices devoted to trade, and a separate agency solely
focused on trade. The International Trade Administration, is geared toward assisted
U.S. businesses,
including:
The Trade
Information
Center - a comprehensive resource for information on
all U.S. federal government export assistance
programs. It acts as a “hotline” answering questions about exporting and
trade assistance, and includes a country-by-country breakdown of duties,
exporting regulations, a list of trade “events” and information sessions.
Import Administration - works
with USTR to protect
U.S. firms
against unfair trade practices. These actions include dumping, subsidies and
other unfair trade practices by foreign firms or states.
The
Trade Development unit offers a
well-coordinated, economical, and accessible array of services to help small
businesses increase their export potential. Draws up retaliation lists that
maximize penalties to offending trade partners and minimize their impact on the
United
States.
Market
Access and Compliance -
Obtains market access for American firms that encounter foreign barriers to
trade.
The
U.S. Commercial Service - Promotes
U.S. exports
abroad, especially small- and medium-sized business exports. The service acts
much like a chamber of commerce or a business administration and lobbies for
market access and protection of
U.S. exports
abroad.
The
BuyUSA program - Brings
suppliers of
U.S. products
and services together with international companies outside the
United States,
and give both groups the advocacy and services they need to conduct successful
business worldwide.
The Commerce Department also
maintains a web portal called Export.gov, which offers a wide array of
information for exporting firms, geared towards first-time exporters. The site
provides a “how to” manual for understanding government regulations, obtaining
financing and other types of governmental assistance.
Other Commerce agencies that
focus on trade include:
Bureau of the Census
- Maintains foreign trade statistics that track and categorize
U.S. exporters
by state, product and destination country.
The
Bureau of Export Administration (BXA) - Regulates export of sensitive goods and
technologies, and cooperates with other countries on export control and
strategic trade issues. Also assists
U.S. industry in
complying with international arms control agreements.
The
Patent and Trademark Office
- Enforces U.S. trademarks and intellectual property in other jurisdictions.
Also, acts as advisor to the Department of Commerce and the president in matters
of patent and trademark law.
The Department of Labor
The Bureau of International
Affairs - Coordinates
international economic trade, immigration and labor policies with other
government agencies. The agency focuses on international child labor standards
and implements labor accords agreed to in international agreements. The agency
also researches the impact of
U.S. and
international trade and immigration policies on
U.S. workers.
The
Department of Health and
Human Services
The
Food and Drug
Administration – Enforces the Federal Food,
Drug and Cosmetics Act, which protects the health, safety and
commercial
interests of consumers.
The
Office of Regulatory Affairs Imports
– Coordinates with
U.S. Customs to oversee regulations on imports. Alerts
retailers,
brokers, wholesalers and consumers of imports that have been
detained.
The
Office of
International Affairs - Coordinates FDA’s international presence
in order to negotiate entry of
U.S. products into foreign markets and
foreign products
entry into
U.S. markets.
Department of
Agriculture
The
Foreign Agriculture Service
– Bears primary
responsibility for USDA’s overseas activities – market development,
international trade agreements and negotiations, and the collection and
analysis
of statistics and market information. Also administers USDA's
export credit
guarantee and food aid programs, and helps increase
income and food availability
in developing nations by mobilizing
expertise for agriculturally led economic
growth.
Department of the
Treasury
The
U.S. Customs Service -
Patrols U.S. borders to intercept illegal drug shipments and other
illegal
goods, enforce
U.S. tariffs,
and provide
advice to firms or people that want to import goods into the
United
States.
The Office of Foreign Assets Control
- Administers and
enforces economic and trade sanctions against
targeted foreign countries,
terrorism-sponsoring organizations and
international narcotics traffickers based
on U.S. foreign
policy and national security goals. OFAC acts under presidential
wartime and
national emergency powers, as well as authority granted by
specific legislation,
to impose controls on transactions and freeze
foreign assets under U.S.
jurisdiction.
Department of Justice
The
Computer Crime and Intellectual
Property Section
coordinates
international efforts to
combat computer crime, such as hacking, piracy and
violation of
intellectual property violations. The agency also enforces the
Economic
Espionage Act, deterring and punishing the theft of trade
secrets.
Department of
Transportation
The
United States
has a major stake in setting standards that will
allow for the uninterrupted
flow of commerce over the high waters. Over
95 percent of our nation’s imports
and exports are carried by ship, and
the majority of these ships are
foreign-flagged. The Coast Guard
is the lead agency for
developing
uniform international standards that apply to ships worldwide. The
Coast Guard also assists U.S. Customs in enforcing
U.S. laws
and
treaties, through multi-agency counter-drug operations and seizure
of illegal
contraband.
The
Federal Highway
Administration maintains and
administers
America’s
network of highways and other federal roads. The
administration creates and
enforces regulations governing the size and
weight of trucks and other
commercial vehicles on
America’s
roads.
These regulations, along with others, come into consideration
when American
businesses and officials discuss cross-border trade with
Canada and
Mexico.
Department of
State
In years past, the State
Department was
responsible for negotiating all trade agreements. But in 1962,
Congress
created the Office of the United States Trade Representative to
separate the commercial interests of trade from
U.S. foreign
policy goals. The State Department still retains a role in trade policy
and
promotion, primarily through its Bureau of Economic and Business
Affairs which
promotes U.S.
business interests overseas.
The Bureau’s Trade
Policy and
Programs Division
advances economic prosperity by increasing trade through the opening of
overseas markets and freeing the flow of goods, services, and capital.
The
division works closely with USTR and other government agencies to
expand open
market approaches to trade; enforce rules and agreements to
reduce and eliminate
foreign trade barriers, increase transparency, and
strengthen the rule of law;
combat foreign competitive practices that
impede U.S. access to markets; and
promote U.S. trade interests within
the World Trade Organization (WTO) and
regional trade organizations
such as the Asia-Pacific Economic Cooperation
(APEC), the North
American Free Trade Agreement
Secretariat (NAFTA), and the Free Trade
Area of the Americas (FTAA).
Federal
Trade
Commission
The Federal
Trade Commission protects consumers from
potential market distortions and unfair actions by domestic and foreign
firms.
In some circumstances the FTC acts as an advisor to executive
and independent
agencies, the White House, congress and state and local
governments when
requested. The agency also
enforces a variety
federal antitrust and
consumer protection laws. The Commission seeks to
ensure that the nation's
markets function competitively, and are
vigorous, efficient, and free of undue
restrictions.
Environmental Protection
Agency
The Office of International
Affairs
coordinates international environmental
policy, by sharing information and
technologies with other governments
and setting standards for environmental
quality.
The Office of Pesticides Programs
protects the standards and safety of
U.S. food by
conducting research, tests, and controlling the use of pesticides. The
office
works with other government agencies to ensure that
international agreements are
consistent with
U.S. domestic
standards involving the management of chemicals.
U.S. Trade and Development
Agency
The
Trade and Development Agency
is an independent agency that promotes
U.S.
products in emerging markets. The agency focuses
primarily on developing the
South African, Thai and Croatian markets
currently but also offers funding and
support worldwide. The agency
works closely with the Department of Commerce, the
Export-Import Bank
and the Overseas Private Investment Corporation in funding
various
forms of technical assistance, feasibility studies, training,
orientation visits
and business workshops that support the development
of a modern infrastructure
and a fair and open trading environment.
U.S. International Trade
Commission
The U.S. International
Trade
Commission is an independent, quasi-judicial
federal agency that provides trade expertise to both the legislative
and
executive branches of government, determines the impact of imports
on
U.S. industries, and directs
actions against certain unfair
trade practices, such as patent, trademark, and
copyright infringement.
The mission of the
Commission is to: (1)
administer U.S. trade remedy laws within its mandate in a
fair and
objective manner; (2) provide the President, USTR, and Congress with
independent, quality analysis, information, and support on matters of
tariffs
and international trade and competitiveness; and (3) maintain
the Harmonized
Tariff Schedule of the United States.
U.S. Court of International
Trade
Congress, with the Customs
Courts Act of 1980, equipped the federal judicial system to handle the
increasingly complex problems arising from international trade
litigation. The
Act expanded the powers of the former United States
Customs
Court and changed its name to the United
States Court
of International Trade. The
court’s
main responsibility is to review civil actions arising out of import
transactions and federal statutes affecting international
trade.
The court also ensures
expeditious procedures,
avoids jurisdictional conflicts among federal courts,
and provides
uniformity in the judicial decision-making process for import
transactions. The president, with the advice and consent of the Senate,
appoints
the nine judges who constitute the United States Court of
International Trade.
The judges are appointed for life. The court,
which resides in
New
York, has national as well as
international
jurisdiction.
The Export-Import
Bank of the United States
The Export-Import Bank
of the
United States is an
independent
federal agency which helps exporters become more competitive in the
global marketplace through export finance programs. The Export-Import
Bank provides guarantees of working capital loans for
U.S.
exporters,
guarantees the repayment of loans or makes loans to foreign
purchasers of
U.S. goods and
services and provides credit
insurance against non-payment by foreign buyers for
political or
commercial risk.
The Bank focuses on exports to
developing
countries, aggressively countering trade subsidies of other
governments, stimulating small business transactions, promoting the
export of
environmentally beneficial goods and services, and expanding
project finance
capabilities. Ex-Im Bank is encouraged to supplement,
but not compete with
private capital.
Agency
for
International Development
The Agency for International
Development is
charged with
distributing American aid throughout the world. USAID has been the
principal U.S.
agency to extend assistance to countries
recovering from disaster, trying to
escape poverty, and engaging in
democratic reforms. USAID attempts to further US
foreign policy
objectives by supporting the following: economic growth, international
trade,
agriculture, global health, democracy, and conflict and
humanitarian assistance.
The agency receives guidance
from the State Department and collaborates with 3,500
U.S.
companies, universities and voluntary
organizations. USAID organizes
missions to developing and least developed
countries, oriented toward
increasing their access to trade by promoting
investment and building
trade infrastructure.
The Overseas Private Investment
Corporation
The
Overseas Private
Investment Corporation is a self-sustaining
U.S.
government agency whose mission is to encourage economic
development in new and
emerging markets, create U.S.
jobs by
helping U.S.
businesses invest overseas and support
U.S.
foreign policy. The agency provides financial assistance to companies
through
direct loans and loan guarantees, and offers up to $400 million
in “risk”
insurance for projects to help get projects off the ground
and running
successfully.
OPIC
sponsors and
participates in numerous seminars and conferences throughout
the
world to increase awareness among
U.S. companies,
especially small
and
medium-sized firms, of
opportunities for business expansion through overseas
investment.
To enhance its outreach, OPIC works closely with other
federal
government
agencies, state and local governments,
private organizations
and
multilateral institutions. In
addition OPIC provides insurance and loans to
exporting
firms
in
order to minimize the risks of doing business on world market.
Small Business
Administration
The U.S. Small Business Administration
provides
export
information and development assistance to help small businesses take
advantage of export markets, including trade counseling, training,
legal
assistance and publications. Some of the services it provides
includes U.S.
Export Centers, which are one-stop shops that provide
advice for small- or
medium-sized business that want to export,
trade publications, legal assistance, and an
on-line guide to
exporting that covers everything from financing options to
creating a
business plan.
The Office of International Trade
assists small business in their
international endeavors, providing export
information, development
assistance, trade counseling, training, legal
assistance and
publications. Like other export-promoting agencies, the primary
tools
of this agency are information and training
programs.