Brazil U.S.-Brazil Commercial Dialogue Statement 2018
16th Edition of the U.S.-Brazil Commercial Dialogue, Washington, D.C. August 1, 2018
As a result of the meeting of the Plenary Session of the 16th edition of the U.S.-Brazil Commercial Dialogue (Dialogue), and with the presence of Brazilian Secretary of Foreign Trade Abrão Árabe Neto and Acting Deputy Under Secretary for International Trade Sarah Kemp, it is a pleasure to announce the progress made since the last plenary of the Dialogue, held in Brasilia, Brazil, May 10, 2017, and to convey the plans for the continuation of work through the Dialogue to grow our bilateral trade and investment.
Strategic Priorities
The Dialogue was established with the goal of growing mutual trade and investment between the United States and Brazil. As the two ministries have explored fruitful areas of collaboration, our agenda has expanded and partnerships have developed well beyond the Brazilian Ministry of Industry, Foreign Trade & Services (MDIC) and the U.S. Department of Commerce (DOC). This collaboration has led to concrete results, with significant impact for boosting bilateral investment and trade flows. For the past 12 years, the Dialogue has achieved important advances in the areas of customs and trade facilitation, good regulatory practices, standards development, measurement science, documentary standards and conformity assessment, intellectual property, and investment. At this 16th plenary meeting, DOC and MDIC advanced initiatives already in progress and reaffirmed our strategic priorities for future work to grow bilateral trade and investment with a particular focus on enhancing regulatory dialogue on non-tariff and technical barriers with the goal of improving market access and fostering partnerships to increase commercial opportunities. At this 16th plenary meeting, DOC and MDIC had the opportunity to exchange information with the US Food and Drug Administration (FDA) and the Brazilian Health Regulatory Agency (ANVISA), further learning about their engagement in global regulatory matters – including their participation in multilateral initiatives that promote regulatory convergence, having a positive impact on the bilateral trade of, among others, pharmaceutical products, medical devices and cosmetics. The Dialogue will continue its tradition of focusing on cross-cutting issues that benefit multiple industries by collaborating on activities of mutual interest. Strategic priorities are:
Reducing and eliminating non-tariff barriers and technical barriers to trade including but not limited to the following efforts:
• Promoting rapid and secure movement of goods across borders
DOC and MDIC will continue to leverage the Dialogue to bring together a wide array of stakeholders to identify and overcome obstacles at the border that impede the flow of goods. Positive developments in trade facilitation include the improvement of Brazilian legislation on express shipments, the acceptance of ATA Carnets issued by contracting parties to either the ATA Convention or Istanbul Convention, and the simplification of import, export and in-country transit of aircraft maintenance parts in Brazil. Discussions held during the Trade Partnership Working Group meeting led to a rich exchange of perspectives regarding the implementation of the WTO Trade Facilitation Agreement (TFA), which included exchanges of experiences on national trade facilitation committees, publication of information commitments, and facilitating electronic procedures for border clearance. To develop a closer relationship between governments and the private sector, DOC and MDIC participated in a trade facilitation roundtable on the margins of the Dialogue to hear firsthand the private sector’s experience moving goods across each country’s borders to identify opportunities for future initiatives. All parties promote full implementation of the WTO TFA as an essential ingredient in increasing trade and economic prosperity. Furthermore, efforts to facilitate border clearance through future exchanges of electronic phytosanitary certificates (ePhyto) via the ePhyto Hub of the International Plant Protection Convention can support agricultural trade between the United States and Brazil, two major agricultural producers. In addition, the AEO (Authorized Economic Operator) mutual recognition agreement will facilitate the rapid and secure movement of goods for businesses from both countries. Finally, better incorporation of private sector input into trade-related border processes will enable further opportunities to increase the efficiency of cross-border trade.
• Promoting good regulatory practices
The governments of United States and Brazil are committed to working together to promote good regulatory practices that include transparent approaches to public consultation, coordinated interagency review, and regulatory impact analysis. Consistent and transparent regulatory development and implementation practices lead to good regulatory outcomes, avoidance of unnecessary barriers to trade, and better flow of trade between our two countries. The two governments reaffirmed their commitment to joint cooperation on good regulatory practices by signing a Memorandum of Understanding between the Executive Secretariat of the Foreign Trade Council (CAMEX), the Chief of Staff of the Presidency of Brazil, the International Trade Administration (ITA), and the Office of Information and Regulatory Affairs (OIRA) during the 16th plenary meeting.
• Ensuring that standards and conformity assessment promote bilateral trade
The United States and Brazil have historically practiced different approaches in the development of standards, and MDIC and DOC agree to continue to work together to bridge these differences and reduce potential standards-related barriers to bilateral trade. To this end, the U.S. National Institute of Standards & Technology (NIST), the Brazilian National Institute of Metrology, Quality and Technology (INMETRO), and several universities from Brazil have exchanged researchers to promote the development of measurement standards and technology that support international commerce and enhance the quality of life for the citizens of both countries. In addition, several governmental bodies in the US and Brazil are being included in the trade partnership working group to strengthen the institutional dialogue and explore potential synergies for mutual cooperation. Brazil and the United States are in discussions about an event in 2019 to exchange best practices on conformity assessment practices, including regulator and industry experiences. In addition, the Brazilian National Telecommunications Agency (ANATEL) and the U.S. Federal Communications Commission (FCC) have exchanged information and experiences to develop a better understanding of the regulatory systems and approaches adopted in each market. The Trade Partnership Working Group also encourages dialogue between the Brazilian and the U.S. private sectors on standards and conformity assessment issues. A fruitful dialogue is being held by the Tile Council of North America (TCNA) and the Brazilian Association of Ceramic Tile Manufacturers (ANFACER), which are close to signing a Reciprocal Agreement Concerning Porcelain Tile Certification Testing for the ceramic tile sector.
• Increasing access to intellectual property protection and improving efficiency of patent and trademark processes
Both countries are committed to fostering innovation and economic prosperity through the protection of intellectual property. MDIC and DOC will continue the strong partnership between the U.S. Patent & Trademark Office and the Brazilian National Institute for Industrial Property by building upon work sharing arrangements, cooperating to increase efficiency and exchanging best practices to improve the patent and trademark review process. The two sides are committed to furthering intellectual property protection through cooperation in examination training and sharing best practices in quality measures. In this regard, on May 8, 2018, the Patent Prosecution Highway (PPH) pilot project was renewed for two years and expanded to include the information technology sector.
• Advancing the digital economy
MDIC and DOC recognize the critical role technology plays as a driving force for competitiveness and innovation across all sectors. As such, the two governments have agreed to launch a new Trade in the Digital Economy Working Group under the Dialogue. This group will exchange best practices focused on developing the trade-related aspects of the digital economy and bolstering electronic commerce, with the ultimate goal of promoting investment, driving innovation and fostering an environment that supports a robust digital sector in both the United States and Brazil.
• Facilitating increased bilateral investment
Apex-Brasil and SelectUSA will build on their successful partnership to support increased bilateral investment and leverage the synergies between investment, business facilitation and trade. Looking forward, the two organizations will continue to support each other’s outreach efforts as well as share tools and best practices to promote inward investment.
• Promoting commercial opportunities
With the goal of growing bilateral trade and investment, the Dialogue will continue to identify and develop commercial opportunities, bring together industries to foster partnerships and build upon the strong U.S.-Brazil commercial synergies that already exist. With that goal in mind MDIC, CAMEX, and DOC agreed to explore further work in the Services sector and will work to identify specific services industries where there are opportunities for cooperation.
Looking to the Future
The United States and Brazil have a deep, multifaceted relationship. The Dialogue is a dynamic mechanism through which both countries agree to increased cooperation and collaboration on mutual goals. The goal of the Dialogue is to improve the business environment for U.S. and Brazilian companies to grow, compete and prosper. We are committed to working through the Dialogue and other bilateral and multilateral opportunities to improve the flow of goods and services between our countries towards greater economic prosperity.