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U.S. Trade wiTh The aSia-Paciic region

recommendaTionS romThe aSia-Paciic coUncil o

american chamberS o commerceannUal meeTing

SingaPore, may 2011

Ofcial Printing Partner



Contents

1 leTTer rom The aPcac chairman

2 execUTive SUmmary

3 i. inTrodUcTion: harneSSing aSian bUSineSS or global growTh

4 ii. Key recommendaTionS or aPec 2011

6 iii. Key recommendaTionS or The TranS Paciic ParTnerShiP in 2011

8 iv. naTional exPorT iniTiaTive

11 v. conclUSion

12 aPcac chamberS and aSSociaTe memberS

13 acKnowledgemenTS

tHe tHeme oF APCAC 2011

“To help businesses sell more products abroad, we set a goal o doubling our exports by 2014 – because

the more we export, the more jobs we create at home. Already, our exports are up. Recently, we signed

agreements with India and China that will support more than 250,000 jobs in the United States. And last

month, we fnalized a trade agreement with South Korea that will support at least 70,000 American jobs.

This agreement has unprecedented support rom business and labor; Democrats and Republicans, and I

ask this Congress to pass it as soon as possible.

“Beore I took ofce, I made it clear that we would enorce our trade agreements, and that I would only sign

deals that keep aith with American workers, and promote American jobs. That’s what we did with Korea,

and that’s what I intend to do as we pursue agreements with Panama and Colombia, and continue our Asia

Pacifc and global trade talks.”

Pri Barac obaa,

2011 Stt t U ass

ABoUt APCAC

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1U.S. Trade wiTh The aSia-Pacific region

Dear Policy-Makers anD Business leaDers:

We are pleased to present you with this updated Report or 2011 rom the Asia-Pacic Council o

American Chambers o Commerce (APCAC), the organization o the 27 American Chambers o

Commerce across the Asia-Pacic region. In this report, American business leaders across Asia-Pacic

oer their recommendations or how the U.S. Government can help U.S. companies leverage the strong

growth in Asia to improve their global business, in turn increasing U.S. exports, and keep the United

States rmly anchored in the evolving trade architecture o the region.

The APCAC November 2010 Report: Leveraging APEC to Create New Jobs through Increased Tradeand Economic Growth highlighted industry and sectoral recommendations on the value APEC can

bring U.S. businesses and workers, and we encourage the government to continue pursuing these

initiatives. For this 2011 APCAC Report, the members ocused upon the horizontal issues on which

the U.S. government and business can work together to support U.S. and regional growth. The Report

urges active engagement with governments in the region to promote market-opening initiatives, to

eliminate at-the-border and behind-the-border impediments to trade, and to oster transparency and

regulatory coherence. Progress on these issues will acilitate U.S. exports to the region, creating a win-

win-win or business, U.S. workers, and customers and partners throughout the Asia-Pacic.

We hope this report will serve as a guide or government leaders. We look orward to continuingour dialogue on how we can work together to increase American prosperity and competitiveness,

beginning with taking these recommendations to senior Administration and Congressional leaders in

person during our APCAC 2011 Washington Doorknock.

Sincerely,

s r. o

Chairman, APCAC

APCAC Secretariat

c/o AmCham Hanoi

M Floor, Business Center

Hilton Hanoi Opera

No. 1 Le Thanh Tong Street,

Hanoi

Vietnam

M 2011




executive suMMary

2011 marks the convergence o the U.S. Chairmanship o APEC, U.S. negotiation o the TPP,President Obama’s call or Congress to approve the U.S.-Korea ree trade agreement, and a

National Export Initiative (NEI) ocusing on key markets such as China, India, Indonesia, and

Vietnam. This is an ideal time to deepen these partnerships and encourage U.S. businesses to

take advantage o the growing markets, as expansion into Asian markets means more exports o

American products and more jobs in the United States.

We recommend:

• TheU.S.GovernmentcontinueincreasingitsengagementinAsia-Pacictokeep

U.S. businesses competitive in the region in order to export American products

and services, and increase jobs.

• TheU.S.GovernmentcontinuetoplayaleadingroleinAPECin2011andbeyond

by continuing to encourage other economies to work together to accelerate

regional integration, harmonization, and reduction in barriers to trade; advocate

or ormation o a Free Trade Area o Asia-Pacic; and implement the APEC

Business Travel Card or U.S. Proessionals.

• The U.S. Congress ratify the U.S.-Korea Free Trade Agreement and provide

President Obama with Trade Promotion Authority. Both will be key to provingthat the United States is committed to ree trade.

• The U.S. Government and TPP Partners work to complete negotiations on a

comprehensive TPP Agreement by the APEC summit in November, consult withthe private sector throughout the process, and include initiatives upon which

APEC has achieved consensus in the agreement.

• Insupport oftheNEI, theU.S.Government increase resources for the Foreign

Commercial Service, amend tax policies to make American citizens working

abroad competitive compared to other expatriates, assist Small- and Medium-

Sized Enterprises (SMEs) and sectors with high potential growth, and continue to

ght or market access and a level playing eld or U.S. companies in Asia.




i. introDuction: Harnessing asian Business or gloBal growtH

2011 marks the convergence o the U.S. Chairmanship o APEC, U.S. negotiation o the TPP,President Obama’s call or Congress to approve the U.S-Korea ree trade agreement, and a

National Export Initiative (NEI) ocusing on key markets such as China, India, Indonesia, and

Vietnam. This is an ideal time to deepen these partnerships and encourage U.S. businesses to

take advantage o the growing markets, as expansion into Asian markets means more exports o

American products and more jobs in the United States.

Economic growth worldwide has greatly rebounded since 2009 and remains particularly high in

the Asia-Pacic region. Great opportunities or growth are in Asia, and U.S. companies musttake advantage o them in order to support the U.S. economy. There has long been a perception

o Asia as simply the engine o manuacturing - that is not accurate. Consumption in the Asia-

Pacic region is high and growing rapidly, causing a large and increasing demand or Americangoods and services.

Both the U.S. Government and American businesses must continue to be vigilant and act withswit judiciousness on common sense policies and programs to keep U.S. business competitive

in the region, export American products, and increase jobs at home and abroad. As an Asia-

Pacic nation, the United States must remain committed to maintaining a leadership role and

building a secure and prosperous uture with our partners in the region.

While regional unity may remain a distant prospect, regional integration o trade and investment

are proceeding with gathering momentum across multiple platorms, including APEC, ASEAN,

and the Trans-Pacic Partnership (TPP) ree trade agreement. In order to remain an indispensible

partner in the region’s astest growing markets, the U.S. must continue its proactive role in

ongoing dialogues that are currently shaping the uture architecture o Asia-Pacic.




ii. key recoMMenDations or Driving aPec anDincreasing engageMent witH asia in 2011

The APEC orum is an increasingly vital organization or the development o trade, investment,

and regulatory architecture in the Asia-Pacic region. As host in 2011, the United States has

the opportunity to develop an ambitious and orward-looking agenda to lead APEC in a more

“results-oriented” and productive direction – one that will provide tangible benets to member

economies, businesses, and workers.

APCAC encourages the U.S. Government to use APEC as orum or continuing to promote regional

economic integration; trade, investment, and nancial liberalization; innovation; and regulatoryand standards harmonization. We believe that continued progress in these areas can help boost

U.S. exports, sustain employment, and lead to signicant new job creation over time.

• r h u.s.-k (korus) ta: The swit ratication o KORUS FTA will

substantially benet U.S. businesses operating in Asia-Pacic and also demonstrate

U.S. commitment to trade liberalization in Asia-Pacic. The U.S. International TradeCommission has estimated that KORUS will boost U.S. exports by $10-$12 billion a

year and create 70,000 jobs. As the Korea-EU FTA goes into eect on July 1, 2011,

urther delay on the KORUS FTA will mean certain loss o market share across

sectors.

• impm aPec B t cd (aBtc) pm p: During the United States’ term as leader o APEC in 2011, APCAC

urges Congress to pass legislation to enable the Department o Homeland Security

to extend ABTCs to Americans. This act will increase the competitiveness o

American businesspeople abroad by giving American business travelers reciprocaltreatment in participating countries.

• P m d hmz: The 1994 APEC Bogor

Goals or trade liberalization have contributed to signicant progress or APECeconomies. Going orward, governments o APEC member economies should

build consensus on a new set o goals and policies to promote regional economic

integration and ree trade and investment among the member economies.

Harmonizing standards and procedures within APEC by exchanging best practices,

better harmonizing product standards and conormity assessment procedures, and

enorcing regulations will cut compliance costs and urther oster development o a

truly regional market. To urther economic integration, APEC should promote opentrade and investment and more rigorous pro-competition laws and enorcement

to counter behind-the-border barriers to trade, such as protectionist competition

policies, stifing investment rules, and technology mandates.




• P p h m h td am h a-Pf(taaP): APEC countries should build on the TPP to take concrete steps towardthe long-term APEC goal o negotiating a high-standard, World Trade Organization

(WTO) – Plus FTAAP. The FTAAP concept goes beyond market access and would

also address market integration issues including the acilitation o the movement

o goods and services, regulatory reorm, and standards harmonization.

• spp ch c: Customs is still the primary chokepoint or supply

chains. APCAC urges the United States and APEC economies to leverage the

APEC Supply Chain Connectivity Framework to test cutting edge best practices to

enhance the regional fow o cross-border goods. These include the adoption o a

competitive de minimis threshold waiver, the adoption o a competitive timerameor the provision o advanced regulatory inormation, and measures that represent

a balance between trade security and trade acilitation.

• em cp: APEC Leaders recognize the importance o

mitigating climate change through transition to green economies in a manner that

is consistent with international trade obligations. We encourage APEC to develop

its “Green Growth” strategy to oster reer trade in environmental goods and

services, convergent and meaningul energy eciency standards, and to promote

green technology such as regional smart grids. A key aspect o this strategy is

the APEC Environmental Goods and Services (EGS) Work Program, under whichAPEC member economies will develop and implement a set o concrete actionsto support the environmental goods and services sector. APCAC believes that the

promotion o EGS and climate-riendly technologies have the potential to drive

signicant economic and new job growth or all APEC member economies.

• sm- d Mdm-szd ep (sMe): Governments across APEC should

embrace the concept o inclusive growth and ensure that increased growth and

regional connectivity benet all businesses, large and small. APEC should continue

capacity building eorts aimed at SMEs, such as the new “Business Ethics or

APEC SMEs” initiative that was established in 2010, and should develop a set o concrete actions APEC can take to help SMEs address impediments to trade.




iii. key recoMMenDations or tHe trans-Paciic PartnersHiP in 2011

The TPP is an ideal vehicle or moving orward ree trade in a way that benets businesses, workers,and consumers. The TPP has the potential to move trade liberalization rom the 20th-century model

o conficting and conusing bilateral agreements toward a truly 21st-century regional agreement

that lays the groundwork or a FTAAP. Without movement on the Doha Round, the TPP is the

ideal platorm to push or deeper reorm and achieve greater integration in the region. It is vital

that the U.S. continue to lead the TPP negotiation process, producing a commercially meaningul

agreement that will streamline and promote increased trade in Asia-Pacic.

• P s ip: APCAC strongly recommends that USTR continue toconsult with the private sector throughout the TPP negotiation process. U.S.

companies operating in Asia are in a unique position to share best practices with

governments.

• 2011 cmp:APCAC encourages the U.S. Government to strive to substantially

conclude the agreement by the 2011 APEC Leaders Summit in November.

• td Pm ah: APCAC urges Congress to grant Trade Promotion

Authority (TPA) to President Obama. TPA will be a key indication to TPP partners

that the U.S. is a committed and credible negotiating partner. This authority is

necessary to negotiating timely and eective agreements, and to reassert America’s

global leadership in promoting U.S. goods and services. Further, it will give theU.S. a strong hand at the negotiating table to get the best possible deal to create

U.S. jobs.

• cmph am: APCAC encourages the negotiating partners to crat

a comprehensive TPP agreement that contains minimal exclusions and utilizes a

negative list approach to services.

• 21- m: APCAC urges the U.S. Government to negotiate a cutting-

edge agreement that builds o the high standard o protections achieved in the

U.S.-Korea Free Trade Agreement, and adopts initiatives that APEC has achieved

consensus on. The agreement should include the ollowing key issues:

– rmovl o td B: The U.S. Government should continue to ocus

on at-the-border, across-the-border, and behind-the-border barriers to

trade and accommodating modern supply chain patterns in the region.

Behind-the-border barriers (many o which are not addressed in our otherFTAs) create increasingly costly problems or U.S. companies in the region,

and can be market prohibitive or U.S. SME’s. Thereore, in addition to

reducing taris across all products and sectors, APCAC strongly supportsa comprehensive TBT Chapter which accommodates the needs o modern

supply chains in the Asia-Pacic Region.




– Pomo u.s. sv: The U.S. Government should involve U.S. companies

in ormulation o the negative list or services. The workorce is increasinglyglobal, and companies must leverage both local and oreign workorces to

operate most eectively. The TPP should include greater fexibility to bring in

oreign talent and oreign workers, including or short-term assignments.

We also urge the TPP to include reciprocity in proessional licensing or

elds like medicine, law, and architecture.

– govnmn Pomn, govnmn conol, nd tnpny: APCAC

encourages the TPP to include strong provisions to require governments todivulge all state assistance and involvement in domestic companies, promote

pro-competition policies with regard to Government Linked Companies, andensure that the government procurement process is ree and open. To improve

transparency and open competition, the TPP should address government

price setting which companies ace in certain markets, require regulators

o industry sectors to be independent o government entities that compete

in those industries, and require notice and comment opportunities or all

uture laws and regulations aecting business in all TPP countries. Ensuringa level playing eld between public-sector and private-sector providers o

competitive goods and services is especially important in sectors that are

enablers o trade and investment oering multiplier benets to the economy,

such as inormation and communication technology (ICT), nancial services,and logistics/express delivery service providers.

– en ron on fon D invmn: The TPP should address

investment restrictions that many U.S. companies ace in Asia-Pacic. We

encourage the TPP to ease impediments to business, such as restrictions on

setting up retail outlets, and to eliminate investment and national treatment

restrictions impacting transportation and logistics companies in TPP member

countries. Further, the TPP should liberalize or eliminate oreign ownership

caps across all sectors, including those applicable to the services sector, with

exceptions limited to areas o true national security needs.

– Poon o inlll Popy rh (iPr): Strong IPR protections are

essential or companies across all industries doing business in the Asia-Pacic

region, and particularly or companies in the ICT sector. With the uture o

trade or the United States driving more toward technology and the need

to share environmental technologies to address growing global concerns,

IPR rises to even greater signicance. APCAC urges the U.S. government to

include the strongest possible protections or intellectual property, and tostrengthen, not dilute, the provisions already agreed to with our current FTA

partners Chile, Peru, Singapore and Australia. With an eye towards potential

uture members o the TPP, assurance o IPR protection would signicantly

improve U.S. companies’ ability to compete eectively in those markets.




– rloy cohn: Promoting comprehensive, transparent, and

enorceable harmonized regulatory systems and standards across TPP countrieswill increase eciency and economies o scale or U.S. companies operating

in the region. Where possible, APCAC urges that standards, registrations,

and saety and quality requirements be coordinated among TPP partners,

and in accordance with international best practices. In addition to eciency

gains, harmonization o regulatory standards could help combat parallel

importation, which can negatively aect both companies and consumers.

– inlv gowh: The TPP is a good opportunity to promote inclusivegrowth, including development o the SME sector. SMEs are the lieblood o

many TPP economies, including the United States. An inclusive agreement,containing elements such as SME development and capacity building, will

create more “winners” o trade and ensure more sustainable support or

globalization.

– envonmnl i: In support o addressing climate change, governments

should encourage more ecient generation, transmission, distribution and

use o electricity, and enact policies to promote the installation o higheciency power generation including waste heat recovery, combined heat

and power, intelligent grids, smart meters, low energy use buildings, and

ecient appliances to achieve this objective. Policies and measures shouldalso be applied to reduce gas faring and redirect or reuse the associated gas

in alternative applications. Such policies should take into consideration ways

and means by which private sector nancing can be acilitated in order to

support energy eciency.

iv. key recoMMenDations or tHe national exPort initiative

Trade with Asia accounts or approximately 27 percent o total U.S. jobs rom exports, andemployment rom exports to Asia grew 12 percent rom 2002 to 2006. Expanding U.S. exports to

the Asia-Pacic region can contribute signicantly to urther job growth and economic recovery

or America’s working amilies.

Jobs supported by the export o goods and services – the kinds o jobs that engagement in the

Asia-Pacic can help to generate – pay 13 to 18 percent higher than the national average. In order

to return our nation to robust and stable growth, the U.S. economy still needs to add millions o high-paying jobs over the next ew years. They will be created more rapidly through expanded regional

trade and investment agreements, and i the U.S. and other countries eschew the temptations o

protectionism and tax policies targeting the growth o multinational corporations, along with tax

policies that make Americans less competitive to employ outside the U.S.




As we seek proactive engagement with our partners in Asia, global economic recovery must

necessarily be mutually benecial and guided by mutual commitments o international reciprocity

in the ree movement o people, data, goods, services, and capital. APCAC believes that the

U.S. Government’s Asian trade policy can best strengthen the American economy by continuing

to support the private sector with trade and investment initiatives oriented toward partnershipwith the region.

• imp h u.s. d cmm s (uscs): Adequate unding or the U.S. Foreign Commercial Service is critical to expanding

U.S. markets abroad. It is estimated that or every $1 invested in the USFCS,

American rms realize an average o $359 in exports. Support or the USFCS

Service is especially critical to the Asia-Pacic Region due to the enormouseconomic growth and import potential o these markets. However, unding or

USFCS has not kept up with demand. We urge the United States Congress to

develop opportunities or U.S. exports to markets in Asia to help create new jobs

in the United States through increasing the USFCS budget to the level o ourcompetitors.

• cmp am abd: In order or the United States to continueto lead in the coming decades, uture American business leaders must gain

international experience early in their careers. In the short term, Americans working

abroad directly support U.S. employment by promoting U.S. exports and drawingon their U.S. connections in their proessional lives. However, the U.S. tax structure,

coupled with the 2005 changes to U.S. tax law, has weakened the competitiveness

o individual Americans relative to non-Americans and disincentivizes U.S.

companies rom hiring Americans or overseas postings. APCAC urges Congressto reverse the provisions o the Tax Increase Prevention and Reconciliation Act o

2005 (TIPRA), which has signicantly raised taxes on Americans working overseas,

and to oppose legislation that would reduce or eliminate the Foreign Earned

Income Exclusion.

• sMe: SMEs can particularly benet rom U.S. Government assistance in exportingtheir products and gaining market inormation. For example, at international trade

shows and expos, many countries provide group pavilions where small companies

can present their services with signicantly lower overhead costs. Providing this

type o assistance or small companies in high-value markets that are key or

exports could greatly help the U.S. economy.

• rm td B d Pm l P d: We encourage

the U.S. Government to continue to advocate or a level playing eld or U.S.companies in oreign markets. Continuing to remove trade barriers, particularly

behind-the-border barriers to trade, will also greatly assist U.S. companies inexporting their goods to the region.




• Hh-gh s: In order to achieve the National Export Initiative, the

U.S. Government must develop strategies or the promotion o U.S. goods andservices that have a competitive advantage and high potential growth in Asian

markets, such as high-value, innovation-intensive goods, agricultural goods, and

the services sector.

– Hh-vl nd innovon-nnv so: The U.S. continues to lead

in higher-value goods such as pharmaceuticals, technology, environmental

goods and services.

>Healthcare Products and Services:

In order to allow U.S. healthcarecompanies to best take advantage o Asian markets, we urge the U.S.

Government to strategically promote pharmaceutical products and

encourage APEC to promote healthcare initiatives. This includes seekingregulatory coherence and expedited regulatory approvals as well as

initiatives that enable earlier detection and treatment o disease, reward

innovation in healthcare technologies, use healthcare IT to reduce cost,

and promote service and coverage to traditionally underserved areas

and populations.

>Environmental Goods & Services:

Energy consumption in Asia is growingrapidly, and huge capital investments in technology are needed to improveenergy eciency, reduce and mitigate greenhouse gas emissions, and

expand supply. U.S. companies stand in an excellent position to take

advantage o this demand. However, the policy environment must

support technological innovation by protecting intellectual property,

avoiding adoption o country-unique standards, ensuring energy

eciency regulations allow the development o innovative products,

acilitating investment through ecient capital markets and a soundlegal ramework, and promoting talent mobility.

> ICT Goods: Continued progress on the Export Control Reorm Initiative

will increase U.S. ICT companies’ competitiveness abroad while

simultaneously better protecting key American technologies. Maintaining

key elements o the intellectual property development and technical

advancements through increased research stang in the United States

while locating some manuacturing and sales in Asia will ensure a positivesymbiotic export program under NEI or U.S.-based ICT companies. It

is also essential that the United States promote newer cross-border ICT

services, such as cloud computing.




– al: APCAC encourages the opening o Asia-Pacic markets to U.S.

agricultural products where there are currently importation restrictions. Anyimportation restrictions should be limited to internationally-recognized saety

standards.

– sv: Services comprise a large and growing portion o U.S. exports,

and there are vast opportunities available in Asia or U.S. companies in the

services sectors to thrive. Encouraging APEC economies to allow reciprocal

licensing in the proessional elds will better allow U.S. services to thrive in

the region. Education is also an area in which the United States excels, and

acilitating visas or oreign students to study in the United States would not

only boost the U.S. economy, but would also allow highly-educated oreignstudents to return to their home countries and share best practices.

v. conclusion

A modest, steady, yet accelerating recovery is well-underway due to the extraordinary degree o

policy consensus and coordination that has been achieved in 2009 and 2010 among governmentsand businesses. The U.S. hosting o APEC, the expected ratication o the KORUS FTA, the TPP

negotiations, and the NEI have set an appropriate tone o collaboration and a tangible visionor harnessing Asia’s growth to bring orward a renewed era o prosperity or America’s working

amilies.

As the United States prepares to host APEC in Hawaii in 2011, the coming year promises to

be an especially critical time or Congress, and all levels o government, to continue to act on

behal o U.S. business in Asia or the benet o our citizens at home and abroad. The business

chambers o APCAC and our combined membership o over 10,000 companies stand united in

our commitment to provide the innovation, ingenuity, and expertise to participate in building a

secure and prosperous uture together.




asia-Paciic council o aMerican cHaMBers o coMMerce.p.

Steven R. Okun, Chairman

Adam Sitko, Executive Director

Andy McGuire, Chair, APCAC Report Committee

Anne Marie Brooks, Editor, APCAC Report

APCAC MEMBER CHAMBERS:

American Chamber o Commerce in Bangladesh (Dhaka) www.amchambd.org

American Cambodian Business Council (Phnom Penh) www.amchamcambodia.net

American Chamber o Commerce in China (Beijing) www.amchamchina.org

American Chamber o Commerce in Shanghai www.amcham-shanghai.org

American Chamber o Commerce in Macau (China) www.amcham.org.mo

American Chamber o Commerce in Southern China www.amcham-southchina.org

Guam Chamber o Commerce www.guamchamber.com.gu

American Chamber o Commerce in Hong Kong www.amcham.org.hk

American Chamber o Commerce in India (New Delhi) www.amchamindia.com

American Chamber o Commerce in Indonesia (Jakarta) www.amcham.or.idAmerican Chamber o Commerce in Japan (Tokyo) www.accj.or.jp

American Chamber o Commerce in Okinawa (Japan) www.amchamkinawa.org

American Chamber o Commerce in Korea (Seoul) www.amchamkorea.org

American Malaysian Chamber o Commerce (Kuala Lumpur) www.amcham.com.my

American Business Council o Pakistan (Karachi) www.abcpk.org.pk

American Chamber o Commerce in the Philippines (Manila) www.amchamphilippines.com

American Chamber o Commerce in Singapore (Singapore) www.amcham.org.sg

American Chamber o Commerce in Sri Lanka (Colombo) www.amcham.lk

American Chamber o Commerce in Taipei www.amcham.com.twAmerican Chamber o Commerce in Thailand (Bangkok) www.amchamthailand.com

American Chamber o Commerce in Vietnam (Hanoi) www.amchamhanoi.com

American Chamber o Commerce in Vietnam (Ho Chi Minh City) www.amchamvietnam.com

ASSOCIATE MEMBERS

American Chamber o Commerce in Australia (Sydney) www.amcham.com.au

Israel-America Chamber o Commerce & Industry www.amcham.co.il

American Chamber o Commerce in New Zealand (Auckland) www.amcham.co.nz

Saipan Chamber o Commerce www.saipanchamber.com

American Samoa Chamber o Commerce www.amsamoachamber.com



ACknowledgements

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