November 22, 2008
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International Roundup: December 5, 2001
Labor Laws Impact Trade Debate
by William New

     On the eve of Thursday's scheduled House vote on a bill to renew presidential trade-negotiating authority, the debate is at fever pitch, and one aspect of the debate -- labor laws in the Western Hemisphere -- could influence the outcome.
     The National Association of Manufacturers (NAM) this week circulated an analysis on worker rights in the 33 countries engaged in negotiations with the United States for a Free Trade Area of the Americas (FTAA), and argued that passage of a Democratic-sponsored trade-authority bill, H.R. 3019, would not address problems in the region.
     Instead, NAM said the analysis, based on a March 2000 State Department annual report, shows all that is needed is for Latin countries to enforce their existing labor laws, an approach ensconced in the competing bill, H.R. 3005, that is scheduled for the House floor vote. New York Democrat Charles Rangel, the lead sponsor of the Democratic measure, is expected to offer its text as an amendment during floor debate on the legislation sponsored by Ways and Means Committee Chairman Bill Thomas, R-Calif., and moderate Democrat Calvin Dooley, D-Calif., among others.
     "H.R. 3005 seeks to ensure that countries entering into trade agreements with the United States will effectively enforce their existing labor laws," NAM said, "while H.R. 3019 would require Latin American countries to change their laws if the United States or other trading partners view their existing laws as inadequate to implement core international labor standards."
     But a Ways and Means Democratic staffer argued that there is an "inherent inconsistency" in the NAM argument. If countries already have the laws and need only enforce them, she said, then adoption of the Democratic bill should be no problem.
     Furthermore, the committee aide said, 32 of the 34 negotiating countries in FTAA talks have signed an International Labor Organization declaration that encompasses eight core labor standards captured in five items in the Democratic bill. The two remaining nations are Mexico, which committed to those core standards in the North American Free Trade Agreement, and Guatemala, which has pushed to meet seven out of eight standards after pressure from the U.S. government.
     NAM argued that Latin American countries would reject the Rangel bill's approach of telling countries to change their laws. But the Democratic staffer countered that many Latin countries have expressed frustration with their neighbors who maintain poor standards because it is hard to compete with them.
     NAM cautioned that H.R. 3019 would require the United States to monitor other countries' compliance with the core labor standards. The Democratic staffer said that is common practice for the U.S. government. For instance, in the intellectual property arena, the government maintains a "Special 301" review in which it monitors countries, picks those who are not meeting standards and takes action.
     "Our point isn't to play a 'gotcha' game with these countries," she said. "Democrats are for trade. We will be for a responsible, strong piece of legislation."

Another View On ISP Liability In Japan
     The Office of the U.S. Trade Representative (USTR) may be overreacting to a new Japanese law on liability for online copyright violations, said Jonathan Band, an attorney at the Washington law firm of Morrison and Foerster.
     USTR is concerned about the length of time an Internet service provider (ISP) may wait to remove material from its network after a copyright holder complains that his copyright is being compromised online. The Japanese law will give an alleged violator up to seven days to reply to a complaint before an ISP must remove the material in question.
     But according to Band, the law establishes two "safe harbors" for ISPs -- one from lawsuits by people injured by material posted on the ISPs' networks and one from subscribers who post material. The seven-day notice will apply only to subscriber-related liability, he said, and if the ISP has reason to believe the material is unlawful, it can remove the material immediately and still be immune from liability.
     "In other words, the seven-day notice applies only when the ISP doesn't have reason to believe that the material is unlawful, i.e., in unclear cases," he said. As to people who are harmed by material left online, which could include a copyright holder, the ISP can avoid liability only if it does not know or have reason to believe the content is unlawful, Band said.
     The law is scheduled to take effect within the next six months.

Foreign Governments Sign New Lobbyists
     The governments of Greece, Japan, Mexico and Venezuela have hired new Washington lobbyists in recent months, paying between $35,000 and $60,000 per month, according to Influence Online.
     Greece gave Clark and Weinstock its first international client by signing a six-month, $210,000 contract for general representation. Former Rep. Vin Weber, R-Minn., will lead the effort, with the help of David Gribbin, adviser to Vice President Richard Cheney.
     Mexico hired heavyweights Thomas Boggs and Frank Samolis of Patton Boggs, and Ivan Schlager of Skadden, Arps, Slate, Meagher and Flom. The contract initially runs through December.
     Hecht, Spencer and Associates is getting $40,000 per month from the Hogan and Hartson law firm to provide political consulting services for Japan.
     The Dutko group has had its contract with Venezuela extended indefinitely. Citgo Petroleum, a subsidiary of Venezuela's national oil company, paid Dutko $160,000 for four months of work related to the White House Energy Task Force.

Aussies Hustle To Meet Privacy Deadline
     Information technology managers in Australia are hustling to meet a Dec. 21 deadline to comply with privacy provisions governing company data-handling practices, reports AustralianIT.
     Under the change to Australia's privacy act, businesses must act to improve the security of personal data security and flows of data across borders. Many companies appear not to have taken the appropriate steps one year after the regulatory change was made, according to a government official. He said there would be no leniency in taking action against non-compliance.

A Little Technology Among Friends
     The National Science Foundation (NSF) this week hailed collaboration between the United States and the European Commission on nanotechnology research as a "milestone." NSF and the commission have expanded a program of workshops and funding of mutual research goals in materials science, including nanotechnology, according to NSF.
     Under the program, research goals will be determined together. NSF will fund the U.S. researchers, and the European Union will fund its side. In addition, four joint workshops are planned for 2002.
     Early next year, meanwhile, the Software and Information Industry Association, in partnership with the Commerce Department's Office of Information Technologies, will lead an e-commerce and technology trade mission to London and Paris on March 4-7, according to the Northern Virginia Technology Council.




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