Senate Staff Memo on USTR Nominee Focuses on Past Work; Lighthizer Eyes IP Enforcement

A bipartisan Senate Finance Committee staff memo we obtained highlighted U.S. Trade Representative nominee Robert Lighthizer's past representations of foreign entities, representations in pending trade matters, and tax documentation as "issues ... appropriate to bring to the attention of Committee Members in advance of the hearing." His confirmation hearing was Tuesday. While at Skadden Arps, Lighthizer represented Brazil in 1985, potentially requiring a legislative waiver to secure Senate confirmation (see 1701030014). Lighthizer on Jan. 17 initially said in an answer to a questionnaire he hadn't represented, advised or otherwise aided a foreign government or political organization in a trade matter. He revised it Jan. 27 to mention his involvement with Brazil. The Republican majority committee staff said it doesn't view this as clearly constituting a representation within the meaning of the 1974 Trade Act. At the hearing, Lighthizer said USTR's role has been to take the lead in sorting out the executive branch's overall approach to trade policy, and he expects to work collaboratively with Commerce Secretary Wilbur Ross and White House trade leaders including National Economic Council Director Gary Cohn. “I expect it to work the way it has,” he testified. “I expect it to be very collaborative.” Lighthizer pledged to strongly assert U.S. intellectual property rights, in response to questions by Chairman Orrin Hatch, R-Utah. The U.S. maintains a competitive advantage in innovation and science, and weak IP enforcement would compromise that, as U.S. IP rights holders are wrestling with slow and inefficient patent protection, IP theft, and insufficient property protection overseas, Lighthizer said. Hatch also expressed concern the Obama administration brought no IP cases to the World Trade Organization. Lighthizer said he expects to bring “as many actions as are justified both to the WTO and in our bilateral agreements. This will be a point of emphasis." Sen. Debbie Stabenow, D-Mich., asked if President Donald Trump’s businesses around the world might pose conflicts of interest in trade discussions. Lighthizer said learning any deep knowledge of the Trump family’s business dealings around the world would “absolutely not” help him do his job as USTR. “I don’t want to know anything about it,” Lighthizer said.