Trump Releases Memorandum on ‘America First Trade Policy’
Published by The Lawfare Institute
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On Jan. 20, President Donald Trump released a memorandum entitled “America First Trade Policy.” The memorandum—addressed to the secretaries of state, defense, commerce, homeland security, the United States trade representative, and others—presents:
a robust and reinvigorated trade policy that promotes investment and productivity, enhances our Nation’s industrial and technological advantages, defends our economic and national security, and — above all — benefits American workers, manufacturers, farmers, ranchers, entrepreneurs, and businesses.
In the section entitled “Addressing Unfair and Unbalanced Trade,” the memorandum directs the Departments of Commerce and the Treasury to “investigate” and evaluate the “economic and national security implications” of annual trade deficits, and make recommendations “such as a global supplemental tariff” to correct them. It also requests that the U.S. trade representative, the secretary of the treasury, the secretary of commerce, and the senior counselor for trade and manufacturing make recommendations for the creation of “an External Revenue Service (ERS) to collect tariffs, duties, and other foreign trade-related revenues.”
In addition, the section directs relevant executive departments and advisers to review and make recommendations for the United States-Mexico-Canada Agreement; “review and assess the policies and practices of major United States trading partners with respect to the rate of exchange between their currencies and the United States dollar”; review and revise accordingly “existing United States trade agreements and sectoral trade agreements” to “ensure general level of reciprocal and mutually advantageous concessions”; find opportunities for negotiating agreements to “obtain export market access for American[s]”; review and modify policies and regulations on the application of antidumping and countervailing duty laws; “assess the loss of tariff revenues and the risks from importing counterfeit products and contraband drugs” and work to prevent illegal importations; and more.
In the section “Economic and Trade Relations with the People’s Republic of China (PRC),” the memorandum directs the U.S. trade representative to review the Economic and Trade Agreement Between the Government of the United States of America and the Government of the People’s Republic of China to ascertain if the PRC is in compliance, and make recommendations for U.S. action—such as tariffs—accordingly.
The section also calls for assessments to “ensure reciprocal and balanced treatment of intellectual property rights with the PRC” and to consider “additional trade modifications” that could be needed related to technology transfer and innovation.
In the final substantive section, “Additional Security Matters,” the memorandum directs the secretaries of commerce and defense—under U.S.C 19 § 1862—to review “the United States industrial and manufacturing base” to determine if imports threaten national security. Under the same authority, relevant departments are instructed to “evaluate the effectiveness of the exclusions, exemptions, and other import adjustment measures on steel and aluminum.”
The section also directs the secretaries of state and commerce to “assess and make recommendations regarding how to maintain, obtain, and enhance our Nation’s technological edge and how to identify and eliminate loopholes in existing export controls,” and the secretaries of commerce and homeland security to review and make recommendations regarding the effects of “unlawful migration and fentanyl flows from Canada, Mexico, the PRC, and any other relevant jurisdictions.”
You can read the memorandum here or below:
