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Business Welcomes US Review Of Andean Trade Preferences,
by Leroy Baker, Tax-News.com, New York
Monday, July 06, 2009
Business and trade organizations representing some of the largest US multinationals
have welcomed the Obama administration’s review of country eligibility for
trade preferences under the Andean Trade Preference Act (ATPA).
As a result of the review of ATPA, the administration has declined to extend
preferences for Bolivia and put Ecuador on notice that preferences may not be
extended again unless long-standing rule of law issues are addressed.
“These trade preferences are a privilege, not a right,” commented
Myron Brilliant, the American Chamber of Commerce’s senior vice president
for International Affairs. “Congress established clear eligibility criteria
for the Andean countries to receive duty-free access to the US market under
the ATPA, including respect for the rule of law and fair treatment of US companies.
Colombia and Peru have easily met these criteria, but US investors have faced
an increasingly hostile environment in Ecuador and Bolivia.”
The Andean Trade Preference Act was enacted in December 1991, to help
four Andean countries (Bolivia, Colombia, Ecuador, and Peru) in their fight
against drug production and trafficking by expanding their economic alternatives.
The Andean Trade Promotion and Drug Eradication Act, enacted on August
6, 2002, renewed and amended the ATPA to provide duty-free treatment for certain
products previously excluded under the ATPA. The benefits are subject to the
countries meeting the program's eligibility criteria.
Congress last year extended ATPA preferences for Colombia and Peru through
December 31, 2009, while establishing a mid-year review of the eligibility of
Bolivia and Ecuador due to mounting complaints about the deteriorating treatment
of US investors.
Bolivia is currently not receiving benefits under the ATPA program after then
President George W. Bush suspended Bolivia’s designation as a beneficiary
country in November 2008, citing the country’s failure to meet eligibility criteria in
the area of counter-narcotics cooperation.
“We look forward to the day when Bolivia and Ecuador are prepared to
move forward to a mature, reciprocal trading relationship in similar fashion
to Peru and Colombia,” added Brilliant, “As of now, that day seems
distant.”
The National Foreign Trade Council (NFTC) also commended the administration
for acknowledging the difficulties American investors face in Ecuador in its
decision to extend trade preferences under ATPA.
“Recent experience has shown that American companies face significant
challenges there in terms of rule of law and political interference in the judicial
process, and we expect the administration to continue to monitor developments
there carefully,” NFTC President Bill Reinsch stated.
“ATPA is an important tool to promote economic development and growth
within the hemisphere, but to ensure that the system remains fair and mutually
beneficial, our trading partners must demonstrate a commitment to abiding by
the rules and refrain from interfering in judicial processes,” Reinsch
concluded.
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