Expanding Consultations with Trade Stakeholders

USTR leads the interagency trade policy process (see figure 2) and depends on input from other agencies, Congress, and the private sector to identify U.S. interests, weigh competing considerations, formulate U.S. trade policy, negotiate agreements, and represent the United States in international trade forums. Its process for obtaining this input could be improved.

Highlights of GAO-08-59 (PDF)

• USTR must ensure that it obtains input from a representative and balanced group of stakeholders and that the information it provides to key stakeholders is timely, complete, and accessible.
• Although Congress must sometimes approve the trade agreements USTR negotiates, some in Congress have expressed dissatisfaction with the timing and extent of USTR's efforts to consult with them and frustration with USTR's negotiating priorities. Three controversial free trade agreements have yet to obtain congressional approval.
• Private-sector representatives have also expressed concerns about USTR's efforts to consult with them.

  Highlights of GAO-08-59 (PDF), Full Report of GAO-02-876 (PDF, 114 pages)

USTR has made several changes to the advisory committee system in response to these GAO reports that have strengthened the process. For example, USTR created a secure web site to allow all cleared advisors better access to important trade documents. In addition, USTR has made changes to the rechartering process to avoid a repeat of lapses in the ability of the committees to meet to provide input to the Executive Branch. Not enough time has passed to assess whether the changes made will fully address the problems.

However, attaining balanced representation among key stakeholders remains a challenge for USTR's management of the trade advisory system. For example, the U.S. approach to issues, such as access to medicines, involves agencies such as Health and Human Services, the U.S. Agency for International Development, and U.S. President's Emergency Plan for AIDS Relief to take into account both commercial and noncommercial (e.g., public health) considerations. However, few noncommercial interests are part of the trade advisory system committees whose work is most pertinent to that issue. In addition, while the website for the trade advisory system provides a list of the members and their affiliations, it and other USTR reports do not explain why those members were chosen and the balance of interests represented.

Highlights of GAO-07-1198 (PDF)

Figure 2: USTR Leads the Interagency Trade Policy Process

^ Back to topWhat Needs to Be Done

• To facilitate better consultations with Congress, USTR should identify ways to provide congressional staff with better access to information and reach agreements with the committees of jurisdiction to ensure they have enough time to provide meaningful input.

  Highlights of GAO-08-59 (PDF)

• To facilitate better consultations with the private sector, USTR should work with the Departments of Agriculture, Commerce, and Labor to improve the transparency and accountability of the trade advisory committees' composition and improve the timeliness of rechartering these committees .

  Highlights of GAO-08-59 (PDF)

• If Congress disagrees with USTR's interpretation and implementation of its guidance regarding the intersection between public health concerns and intellectual property protection, it should more clearly specify its intentions for trade policy and for obtaining public health policy input.

  Highlights of GAO-07-1198 (PDF)

^ Back to topKey Reports

International Trade: Prior Updates of the Trade Advisory System Offer Insights for Current Review

GAO-09-842T, July 21, 2009

Summary (HTML)   Full Report (PDF, 12 pages)   Accessible Text

International Trade: An Analysis of Free Trade Agreements and Congressional and Private Sector Consultations under Trade Promotion Authority

GAO-08-59, November 7, 2007

Summary (HTML)   Highlights Page (PDF)   Full Report (PDF, 97 pages)   Accessible Text   Recommendations (HTML)

Intellectual Property: U.S. Trade Policy Guidance on WTO Declaration on Access to Medicines May Need Clarification

GAO-07-1198, September 28, 2007

Summary (HTML)   Highlights Page (PDF)   Full Report (PDF, 73 pages)   Accessible Text   Recommendations (HTML)

International Trade: Advisory Committee System Should Be Updated to Better Serve U.S. Policy Needs

GAO-02-876, September 24, 2002

Summary (HTML)   Full Report (PDF, 120 pages)   Accessible Text   Recommendations (HTML)

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