Speech #1030079267

TRADE REPRESENTATIVES OFFICE TO THE PEROT/CHOATE NAFTA BOOK--Continued Book says 90.91 NAFIA also expands the concept of business worker. which previously meant the owner or executivelevel employer of a company doing international business The expanded concept includes business visitors who are paid from a nonUS source Moxican and Canadian professionals. whether on not they have anything to do with international trade. can work in the United States so long as they are paid from a company in either Mexico or Canada.". "As a result. hundreds of thousands of professional and semiprofessional American workers are going to be put under intense pressure to cut their wages and benefits. Tens of thousands of other American workers are not going to be so lucky Theyre going to lose their jobs to lowpaid foreign contract workers from Mexico and Canada "While no one was watching. U S MAFIA negotiators radically revised the nations immigration laws" * NAFIA takes away the constitutional right of American citizens to seek redress in U S courts if they are harmed by * * dumping Over the past several decades. the United States has often been target of dumping and subsidlted exports . Subsequently. protections have been built into U S laws and victims have access to expedited methods to deal with these predators in U S courts NAFIA would wipe out these nights and procedures If US judicial procedures find that Mexican or Canadian firms are either dumping goods in the US market on are being subsidized by their governments. the Mexican and Canadian governments can appeal the ruling by requesting the formation of a binational panel The rulings of the international panel are final Ultimately U S citizens and corporations are denied the protection of American laws within the United States "A panel is comprised of five people the two nations each identify two panelists. and the four panelists then pick the fifth from a list "Of the 25 potential panelists (initially selected by the White House in 1989. 14 were either registered foreign agents or senior partners in Washington law firms that serve as lawyer/lobbyists for foreign interests. including those from Canada". "The list of panelists is now kept secret These panelists. who in effect serve as international judges. are not confirmed by the Senate Indeed. like the American public. the Senate does not even know who is on this list" "The work of the panel is done in secret. and the proceedings are not released to the public * " * These are modern day Star Chamberssecret courts empowered to decide matters of enormous consequence to Americans" "Canadian interests have appealed the decision of 16 rulings of the US International Trade Commission (ITC) Binational panels were created. and ten of the 16 times they reversed the ITC ruling in favor of the Canadians" "U S industry has appealed three dumping decisions made by the Canad.an government Panels were formed. and three out of the three times they ruled in favor of the Canadians". "Of the 16 panels that reviewed ITC decisions. ten had one or more US panelists who was either a registered foreign agent or from a law firm that represents foreign interests". "No one should be surprised to learn that these panels reversed 67 percent of the U S dumping and countervailing duty rulings brought before them. In the process. these Iawyerlobbyists established legal precedent that will favorably affect their clients in other cases". "By contrast. the Court of Intenmatonal Trade. which is an independent judiciary and handles all other trade appeals in the United States other than those in the CnA. has a reversal rate of only seven percent". Statement The terms of admission prevailing under existing US law and regulation are the basis for NAFIA commitments and do not offer an unlimited term of stay In the case of Professionals. the Immigration and Naturalizaton Service can deny annual renewals for individuals who are indefinitely staying in the United States False NAFIA does not expand the definition of Business Visilcr It uses the existing definiton in US law and regulation Annex 1603. Section A I c of the agreement requires a Business Visifor to present: "evidence demonstrating that the proposed business activity is international in scope and that the business person iS not seeking to enter the local labor market" Misleading The temporary entry provisions of the NAlTA do not admit "semiprofessionals" The maximum number of professionals that would enter from Mexico is 5.500 in the first three years The US is not obligated to increase this number for 10 years During this I0 year transition. employers must attest that they are paying prevailing wages to professionals entering from Mexico US wages and benefits will not be driven down. False US immigration laws were not "radically" revised the commitments made to streamline admission procedures Iot NAFIA business visitors. traders and investors. Indacompany transfences and professionals all correspond to current immigration laws Moreover. there is nothing radical or extremely different in the U SCanada Free trade Agreements Chapter I5 and the current proposed Chapter 16 of the NMAFIA Mn Perots statement erroneously assumes that US courts are the forum for redressing unfair trade practices In reality. the US Department of Commerce and the US International Trade Commission ("ITC") investigate the existence and eflect of unfair trade practces. such as dumped and subsidized imports. on American industres Chapter 19 of the NAIA. Review and Dispute Settlement in Antidumping and Countervailing Duty Matters." recognizes and reinforces the right of A1merican industries to redress unfair trade practices such as dumped and subsidized imports through existing administrative proceedings NAETA Art 1902 Eisting law permits appeals from the administrative proceedings to the US Court of International Trade Chapter 19 of the NAFIA adds the option Of appeals to a binational panel MAFTA Art 1904 1112 NAFIA does not "wipe out" their rights and procedures The protections built into US law to deal with dumped and subsidized imports provide expedited methods for the US Department of Commerce and the ICnot US courtsto investigate unfair trade practices Chapter 19 of NAFIA recognizes and reinforces the right of American industries to petition the Department of Commerce and ITC to launch unfair trade investigations NAFTA Art 1902 NAFIA further improves the expedited nature of these proceedings by reducing the time an agencys ruling can be held on appeal NMAFTA Art. 1904 8. If U S tudicial procedures find that Mexican or Canadian firms are either dumping goods in the US. market or are being subsidized by their governments. the Mexican and Canadian governments can appeal the ruling by requesting the formation of a binational panel p 941) This is misleading because it erroneously assumes that US courts investigate unfair trade practices such as dumred and subsidized imports Only the Department of Commerce and the ITC can find that Mecan or Canadian goods are dumped into the US market or subsidized by their goverrerl Existing law permits appeals to the US Court of International trade Chapter 19 of the hAFTA adds the option of appeals to a binational panel NAFTA Art 1904 1112 This is false because the United States may request review of binational decisions through the "extraordinary challeige procedure" under NAFTA Art 1904 13 this statement erroneously assumes that binational panels do not apply US laws US citizens are aflorded the protection of American laws in a binational panel proceeding because the panel must apply US law lust as a US court would apply US law NAFIA Art 1904 23 This is inaccurate Each country selects two panelists. and the countries then jointly select the fifth panelist NAFTA Annex 19012 3 NAFTA will correct the perception that panelist lack neutrality by requiring that the roster include judges and former judges "to the fullest extent practicable." NAFTA Annex 1901 2 1 In addition.