Tim Brightbill Discusses Trans-Pacific Partnership Negotiations Being Held in Hawaii

July 30, 2015

Timothy C. Brightbill, a partner in Wiley Rein’s International Trade Practice, was quoted in two articles yesterday by Bloomberg News and Bloomberg BNA about the Trans-Pacific Partnership (TPP) negotiations taking place this week in Maui, Hawaii.

According to the article, U.S. Trade Representative Michael Froman will attempt to finalize a free-trade agreement with counterparts from 11 other countries, covering approximately 40 percent of all global trade.  One key issue for U.S. negotiators is to establish new rules covering state-owned enterprises (SOEs).  Other TPP countries are seeking exceptions—also known as non-conforming measures (NCMs)—to these new rules on SOEs.

Mr. Brightbill—who serves as vice chairman of the Industry Trade Advisory Committee on Services and Finance Industries—also told Bloomberg BNA that for the rules covering SOE competition policy to function, NCMs should be temporary, so that after a phase-in time to adjust, all countries will be subject to the rules. “The TPP provisions on SOEs will hopefully be a strong first step that will be built on in the Trade in Services Agreement, the Transatlantic Trade and Investment Partnership and the U.S.-China Bilateral Investment Treaty negotiations,” he added.