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Expressing the sense of the Senate that, while the United States finds value and usefulness in the World Trade Organization in fulfilling the needs of the United States and other free and open economies in the 21st century, significant reforms at the World Trade Organization are needed and the United States must therefore continue to demonstrate leadership to achieve those reforms.

S. Res. 651 · 116th Congress · Jul 2, 2020 · Lineage

RESOLUTION

That it is the sense of the Senate that—
(1)
while the United States finds value and usefulness in the World Trade Organization (in this resolution referred to as the “WTO”) in order to fulfill the needs of the United States and other free and open economies in the 21st century, significant reforms are needed;
(2)
the United States must therefore continue to demonstrate leadership to achieve reforms that restore the effectiveness of the WTO's—
(A)
negotiating function;
(B)
dispute settlement function so that it transparently, efficiently, and fully enforces outcomes negotiated by members rather than usurping their primacy by creating new rights or obligations; and
(C)
rules for special and differential treatment to ensure those rules promote development for truly disadvantaged countries, rather than becoming tools for globally competitive countries to engage in protectionism and market distortions;
(3)
the efforts to reform the negotiating function of the WTO should revitalize the negotiating function by providing confidence to members that the WTO operates according to the rules as negotiated and adopted by members;
(4)
a revitalized negotiating function must include new rules that reflect the 21st century economy, further combat anticompetitive and protectionist barriers, and ensure disputes are efficiently resolved;
(5)
the United States Trade Representative should continue to lead efforts to work with WTO members to pursue reforms at the WTO that—
(A)
ensure the dispute settlement mechanism faithfully applies the rules adopted by members, including by undertaking measures to ensure the WTO’s Appellate Body does not create new rights and obligations;
(B)
improve public confidence in dispute settlement by promoting greater transparency and efficiency in the conduct of proceedings;
(C)
redress the consistent failure by certain members to satisfy their notification obligations under various WTO agreements, including through measures that strengthen accountability;
(D)
ensures rules for special and differential treatment are appropriately reserved for countries whose state of development and global competitiveness actually warrants such flexibility;
(E)
create new rules and structures that can serve the interests of the United States while promoting peace, prosperity, good governance, transparency, effective operation of legal regimes, the rule of law, and free enterprise; and
(F)
expand upon the trilateral negotiations currently underway with Japan and the European Union; and
(6)
the United States Trade Representative should explore and assess specific reform proposals, including—
(A)
pursuing plurilateral agreements that further the interests of the United States while limiting the benefits accruing to countries that are not parties to those agreements;
(B)
efforts to ensure that incorrect interpretations by the Appellate Body, including with respect to the Agreement on Safeguards, the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, and the Agreement on Subsidies and Countervailing Measures, are corrected, and not to be deemed precedential;
(C)
new rules and norms to address practices of nonmarket economies, such as practices relating to state-owned enterprises, which certain countries often utilize for objectives that cause severe trade distortions; and
(D)
better implementation of existing rules, such as the prohibition in paragraph 4 of Article XIV of the General Agreement on Tariffs and Trade on currency manipulation, to ensure that those rules are effective to preserve the rights of free market economies.