President Obama signed Proclamation 8788 on March 26, suspending Argentina’s status as a GSP beneficiary country under the duty-free program “because it has not acted in good faith in enforcing arbitral awards in favor of United States citizens or a corporation, partnership, or association that is 50 percent or more beneficially owned by United States citizens.” The GSP action on Argentina, which became effective on May 29, 2012, follows an interagency review of two separate petitions submitted by U.S. companies. See WTR Vol.28 No.11 for more details on this development.
The following are the most significant terms
in the Dictionary of Trade Policy regarding
|Bilateral Investment Treaty||Portfolio Investment|
|Commercial Presence||Right of Establishment|
|Foreign Direct Investment||Singapore Issues|
|Multilateral Agreement on Investment||TRIMs|
|:: Investment Provisions of Trade Agreements||:: U.S. Investment Laws||:: Bilateral Investment Treaties|
The principal investment-related agreements in WTO are the
Agreement on Trade in Services (with respect to Mode 3,
Commercial Presence) and the
on Trade-Related Investment Measures.
The Exon-Florio Amendment provides for a review of proposed foreign investments in security-related industries.
See also a related measure prohibiting investment in U.S. defense contractors by foreign governments.
The two main options for negotiating agreements on investment are to incorporate such provisions in a trade agreement or to negotiate a separate bilateral investment treaty (BIT).
For the U.S. BITs in force click here.
See the U.S. negotiating objectives on investment in the Trade Act of 2002.