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Brazil-US Trade Package

Brazil and the U.S. signed on October 19 a Protocol that updates the 2011 Agreement on Trade and Economic Cooperation (ATEC) with three new annexes on provisions of Customs Administration and Trade Facilitation, Good Regulatory Practices, and Anticorruption. Although it has been called a “trade package”, it has limited scope. Notwithstanding, ATEC allows engagement on a wide range of issues that affect business, and there is great value in terms of easing bilateral trade and investments. In fact, the commitments made answer to historical demands from the private sectors of both countries in terms of automation of customs, greater predictability of regulations, and anti-corruption practices in trade and investment-related operations. These commitments will likely contribute to increase U.S. and Brazil trade flows. The Protocol does not require U.S. congressional approval, but the Brazilian Congress needs to approve it prior to its entry into force. Following the expansion of the Protocol, the Export-Import Bank of the United States (EXIM) and the Brazilian Ministry of Economy signed a memorandum of understanding to explore and identify potential opportunities for EXIM financing in a total aggregate amount of up to $1 billion. This covers facilitation of financing related to the deployment of 5G technology in Brazil, which directly affects Chinese interests.   Section 301 – Vietnam The U.S. initiated two new Section 301 investigations against Vietnam, related to timber trade and currency undervaluation. Parties have until November 12, 2020 to submit written comments. U.S. Section 301 investigations led to the current additional tariffs against China. The announcement of these investigations raised concerns as many U.S. businesses are shifting supply chains from China to Vietnam. This is the 6th Section 301 proceeding under the Trump Administration, such as the ongoing investigation on Digital Services Taxes against several countries including Brazil. Section 232 and trade remedies investigations involving Brazil Currently there are several measures and trade remedies investigations affecting Brazilian exports to the U.S. In total numbers, there are: (i) four Section 232 actions (steel, aluminum, and their derivatives) and two ongoing investigations (autos and vanadium); (ii) five countervailing measures and one ongoing investigation; (iii) twelve anti-dumping duties and two ongoing investigations affecting Brazilian exports to the U.S.   IADB New President Mauricio J. Claver-Carone was elected President of the Inter-American Development Bank (IDB) in September 2020. He took office on October 1, 2020, for a five-year term. As President, he oversees the operations of the IDB Group, which comprises the IDB, IDB Invest and IDB Lab. He is the first north American President of the Bank in 60 years of existence. WTO New DG Nigeria’s former finance minister and a former managing director of the World Bank, Dr Ngozi Okonjo-Iweala was announced as the candidate most likely to achieve a consensus for Director-General of the World Trade Organization (WTO) after the multiple head of delegation confessional meetings. She is the first African and would be the first woman to occupy the highest position of the WTO. Even with the overwhelming support for Ms. Okonjo-Iweala, the U.S. announced its support for the South Korean candidate. The formal selection takes place on November 9. It is not clear how the next DG will be selected if consensus cannot be reached.   U.S. Elections On November 3 ends the voting period to choose the next President of the United States and Congress representatives. The polls point to the democrat candidate Joe Biden as the winner, but final results are hard to predict. In Congress, Democrats have held a majority in the U.S. House of Representatives since the 2018 elections, while Republicans have held control of the U.S. Senate since the 2014 elections. The American choice for President and the new Congress configuration could significantly impact Brazil-U.S. trade relations. Should the democrats win the presidency, the expansion of the Brazil-U.S. trade package into a broader trade agreement may be affected negatively.   General Updates and Announcements: • If you missed ABCI’s Event on U.S. Elections and Prospects on International Trade with Jennifer Hillman, Stephen Vaughn, and Lisa Schroeter held in September 10, 2020 you are welcome to check the recording on our YouTube channel. The event had great attendance and repercussion. See here. • Save the date for our virtual 2020 International Trade Symposium: December 3 and 4, 2020. • Check out the new ABCI Institute Website here! • Follow us on social media: LinkedIn and Facebook • The ABCI Institute is a non-profit organization that seeks to foster the study of international trade and become a unique platform for Brazilian and U.S. international trade professionals and academics. We welcome and encourage your support. If you are interested in donating or becoming an ABCI member, please reach us at board.abci@gmail.com.  

ABCI Board Aluisio de Lima-Campos, Renata Amaral, Barbara Medrado, Lucas Queiroz Pires, Marcia Pulcherio