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Executive Order 13786

Omnibus Report on Significant Trade Deficits

Ordered by Donald Trump on March 31, 2017

Summary

Orders Commerce Secretary and USTR to produce detailed report within 90 days identifying foreign trade partners contributing significantly to America's trade deficit. Report must examine causes including unfair trade practices, impacts on U.S. employment, manufacturing, defense capacity, and national security.

Overview

Executive Summary

Executive Order 13786, titled the "Omnibus Report on Significant Trade Deficits," was implemented by President Donald Trump on March 31, 2017. It seeks to address the United States’ substantial trade deficits with various nations, where importing grossly outweighs exporting, thereby resulting in a negative trade balance. The order requires the Secretary of Commerce and the U.S. Trade Representative (USTR) to generate an exhaustive report examining these trade deficits and pinpointing foreign injustices in trade practices. Effectively, the order's aim is to guide policymakers in formulating strategies that fortify domestic industries and enhance employment opportunities.

Context and Intent

This order emerges as a component of the Trump administration's broader framework aimed at fortifying American industry, safeguarding employment, and tipping the scales in favor of U.S. economic interests. It embodies a pivot from policies of past administrations that favored global trade cooperation, moving instead towards a protectionist angle that values national over international integration. This strategy echoes Trump's campaign rhetoric, focusing on curbing trade deficits, restoring jobs to American territories, and shielding domestic ventures from unfair foreign competition.

Scope and Implementation

Executive Order 13786 commissions the Secretary of Commerce along with the USTR to analyze the key trade deficits in goods documented in 2016. The collection of insights requires cooperation with various departments like State, Treasury, and Defense, alongside soliciting input from public stakeholders. The central focal points include impacts on the U.S. manufacturing and defense industries and the broader economic repercussions, particularly on employment and wage growth. It signifies more than a call to documentation; it aims at utilizing current data for crafting precise policies countering unfair trade comportments.

Legal and Policy Implications

Constitutional and Statutory Authority

While the regulation of foreign commerce constitutionally lies with Congress, the executive branch retains significant power in negotiating and enforcing trade agreements. EO 13786 exercises this authority by demanding an analytical report that informs subsequent policy formulations. Legally, it increases the executive's oversight over international trade matters and asserts the administration's doctrine that having instant access to detailed information is crucial for navigating intricate international trade landscapes effectively.

Amendments and Precedents

While EO 13786 doesn't explicitly revoke any prior executive orders, it indirectly contests previous policies that leaned towards multilateral trade agreements and cooperation. Aiming at mitigating trade deficits by identifying unfair practices, it calls for reassessing existing trade agreements’ efficacy and fairness. Implicitly, this order sets the groundwork for potential future adjustments in trade policy, especially focusing on countries with which the U.S. possesses substantial trade deficits.

Impact on Policy Making

The extensive report compelled by EO 13786 aims to guide upcoming trade negotiations and policy decisions. A proactive stance is implied, enabling the administration to initiate corrective measures against trading partners engaged in perceived unfair or discriminatory practices. This approach suggests a preference for individually tailored bilateral trade deals over group agreements to better tackle specific trade imbalances and ensure equitable reciprocity.

Perspective on Enforcement

The directive underscores the necessity for stringent enforcement of trade statutes. The administrative strategy indicated by this order suggests that trade disputes might escalate if trading partners fail to amend practices deemed damaging to U.S. commerce. Policies resulting from this order potentially extend to other areas, including intellectual property safeguarding, countering dumping, and averting coerced technology transfers.

International Policy Signals

Internationally, the order underlines the U.S.'s resolved stance on reforming trade relationships. It conveys a willingness to closely scrutinize and possibly renegotiate current agreements to prevent exploitation. Consequently, these actions might waver global trade relationships and trigger countermeasures or require fresh negotiations to stabilize trade equilibriums.

Who Benefits

Domestic Industries

American manufacturing sectors are amongst the principal beneficiaries of EO 13786. By prioritizing trade imbalance assessments and rectifications, policy shifts could better shield these sectors from perceived unfair foreign competition. The heightened focus on adverse import practices might result in increased protections through tariffs or renegotiated trade deals that favor American products.

American Workforce

Workers in industries under threat from foreign competition might experience material advantages, notably within the steel, automotive, and electronics industries. By confronting the impact of imports on employment and wages, EO 13786 aspires to rejuvenate domestic job markets that previously withstood outsourcing and the lure of inexpensive, imported commodities.

Defense Industrial Base

The defense industry gains substantially from EO 13786, given its emphasis on ensuring that international trade ties do not jeopardize national security. By assessing the trade’s impacts on production capacity and industrial potency, the order bolsters maintaining a resilient U.S. defense industry, less reliant on potentially unreliable foreign inputs.

Trade Compliance Professionals

Individuals engaged in trade compliance and regulation are poised to benefit from increased demand for their expertise. As subsequent policies likely involve strict enforcement of trade statutes, businesses would require adept guidance and services to traverse these legal corridors, sparking growth within consulting services and providing employment avenues in this specialized field.

Small and Medium-sized Enterprises

Small and medium-sized enterprises (SMEs) facing hurdles because of foreign competition might profit indirectly if the administration's initiatives successfully even the playing field. Many SMEs struggle against subsidized or dumped products; remediation of these issues might enable greater retrieval of the domestic market share, expanding business opportunities and growth potentialities.

Who Suffers

Import-reliant Businesses

Companies heavily relying on imports may confront adversity should the order induce heightened tariffs or restrictions. Firms dependent on foreign goods for raw materials or finished products could incur increased costs, leading to disruption within their supply chains, affecting their competitiveness in both domestic and international arenas.

Consumer Prices and Choices

Consumers could encounter potential drawbacks, notably if legislation birthed from this order results in inflated tariffs on imports. Such scenarios risk elevating prices for consumer goods ranging from electronics to clothing, limiting consumer choice and diluting purchasing power. The cost of living may escalate if substitute domestic products aren’t readily available or cost-competitive.

Foreign Trading Partners

Foreign nations maintaining significant trade surpluses with the U.S., especially economic powerhouses like China and Germany, may face detriment. EO 13786's emphasis on targeted redressal of unfair trade practices might lead to tense diplomatic relations and retaliatory regimes, potentially triggering trade tensions propagated toward economic instability.

Trade-oriented Economies

Economies predominantly oriented around exports to the U.S. could encounter suffering if American policy amendments curtail their market accessibility. Resultant restrictions or penalties might impel these economies to reconfigure their trade policies and seek alternative markets, facing a spectrum of economic impacts in the process.

Multinational Corporations

Multinational companies with globally interwoven supply chains could endure disruptions. New compliance and protectionist environments resulting from EO 13786 may challenge logistical and financial networks. These corporations might need to reassess global strategies, potentially leading to diminished efficiency or profit margins.

Historical Context

Trump Administration's Trade Philosophy

This executive order aligns with the Trump administration’s overarching trade philosophy known as "America First." It demonstrates a transition from collective trade agreements towards individual dealings, aimed at addressing global trading inequities while emphasizing bilateral over multilateral solutions. This order conjoins a multitude of efforts, such as altering the North American Free Trade Agreement (NAFTA) to the United States-Mexico-Canada Agreement (USMCA).

Comparative Policy Trends

In stark contrast with preceding administrations, EO 13786 denotes a substantive shift towards meticulous assessment of trade relations. While former administrations under presidents like Obama and Bush predominantly advocated for global trade and economic amalgamation, Trump’s order expressly aims at recalibrating these relationships, dismissing the assumed inherent benefits of global interdependence, attempting to secure U.S. interests autonomously.

Historical Trade Deal Reevaluations

Historically, trade agreements sought mutual benefits through liberalized markets and reduced barriers. The Trump administration's outlook diverges, seeking amendments in agreements perceived as unbalanced. This unilateral stance triggered global reactions and negotiations, necessitating a reevaluation of existing trade structures and international economic strategies.

Impact on Global Trade Dynamics

EO 13786 adds to the overarching wave of economic nationalism observed in various global regions, coinciding with phenomena like Brexit and parallel nationalist trends within Europe and Asia. Such policies have fueled a reexamination of globalization’s assumed benefits, prompting a surge in protectionist measures and shifting the dynamics of global economic interactions.

Long-term Policy Implications

The long-term effects of this order, alongside similar policies, cultivate new dynamics and narratives within global trade. Should these measures prove effective, they might incite other nations to adopt akin frameworks, leading to a potentially fragmented global economy, intrinsically prompting significant shifts in global trade norms and practices.

Potential Controversies or Challenges

Legality and Constitutional Challenges

EO 13786 might spark legal interrogation concerning the extent of executive authority over trade policies. While the executive wields significant clout within this domain, ensuing measures, particularly punitive tariffs or trade limitations, might provoke constitutional challenges about power separation, especially in Congress’s designated role of regulating commerce.

International Response and WTO Compliance

Trade partners might contend that policies derived from EO 13786 contravene World Trade Organization (WTO) commitments. The unilateral focus on addressing trade deficits absent reciprocal negotiation could seed disputes within the WTO framework, risking international trade litigation or sanctions against the United States.

Economic Impact Concerns

Economic scholars and analysts could exhibit concern regarding potential retaliatory actions by targeted trade cohorts. Such responses might foment trade wars, substantially disrupting global supply chains, investments, and economic stabilization. These ramifications could challenge the order’s intention of augmenting domestic economic growth, potentially invoking far-reaching adverse effects.

Domestic Job Markets and Industry Reactions

Beyond the apparent benefits, EO 13786 might invite criticism from sectors thriving on international trade, notably technology or the agriculture industry, where job creation relies on export markets. Negative backlashes might also rise from industries dependent on imported components. A shift toward protectionism could destabilize sectors that prosper through global market access, complicating the administration's job and growth narratives.

Congressional Opposition

Dissent could arise among congressional leaders, irrespective of party affiliation, over the executive’s direction in handling trade matters. Some might argue that these policies risk alienating vital allies and destabilizing international relations. Balancing domestic interests with global cooperation might ignite significant legislative debates, particularly when examining industries adversely impacted by EO 13786’s ramifications.

Implications

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