Telecom, Tech Groups Support Modernizing NAFTA, Submit Recommendations to USTR

Communications groups backed updating the North American Free Trade Agreement and made recommendations to the Office of U.S. Trade Representative in comments posted in docket USTR-2017-0006 this week. The Telecommunications Industry Association proposed new provisions on "free cross-border transfers of data," "Mexico's timely accession to the Information Technology Agreement, to which the U.S. and Canada already belong," "fair competition with state-owned enterprises," agency transparency and notice-and-comment requirements, and a prohibition on foreign telecom ownership limits, including for spectrum licenses. TIA backed keeping and enforcing provisions on "open, non-discriminatory and reciprocal market access in government procurement" and various standards issues, including "mutual recognition of standards and certification bodies for telecom equipment." The Computing Technology Industry Association said U.S. tech companies benefited under NAFTA from "tariff reductions, strong intellectual property rights, licensing rules, patent protections, and preferential rules of origin," and it urged prioritizing World Trade Organization Information Technology Agreement adherence, import/export license procedures, government procurement, digital trade and e-commerce, and several customs and trade-facilitation objectives. The Internet Infrastructure Coalition focused on encryption, national security exceptions, certification requirements, intellectual property and digital trade, including data flows, localization, regulatory transparency and intermediary liability. Engine said business startups would benefit if key protections under U.S. law are added to NAFTA, such as "the protection of cross-border data flows, intermediary liability protections and copyright safe harbors."