US - Brazil Commercial Dialogue 22nd Plenary 2024

22^nd Plenary of the U.S.-Brazil Commercial Dialogue
September 19, 2024
Washington, D.C.

JOINT STATEMENT

The U.S. Department of Commerce (DOC), International Trade Administration (ITA) and the Brazilian Ministry of Development, Industry, Trade and Services (MDIC), are pleased to issue this Joint Statement celebrating the 22^nd Plenary of the U.S.-Brazil Commercial Dialogue held on September 19, 2024, at the U.S. Patent and Trademark Office (USPTO) Headquarters in Alexandria, VA.

Highlights since November 2023

The Commercial Dialogue (the Dialogue) continues its commitment to grow bilateral trade and investment by working to prevent, reduce and remove non-tariff barriers to trade. Key results since the November 2023 plenary include:

• Ongoing partnership between USPTO and Brazil’s National Institute of Industrial Property (INPI) to foster innovation and competitiveness through the protection of intellectual property rights. USPTO and INPI collaborate on training programs to increase efficiency in processing patent and trademark applications. 
• Continuing to support the implementation of the U.S.-Brazil Protocol on Trade Rules and Transparency Good Regulatory Practices and Trade Facilitation Annexes.
  • Good Regulatory Practices – ITA, the U.S. Office of Information and Regulatory Affairs (OIRA), MDIC’s Secretariat of Competitiveness and Regulatory Policy, and AGU’s Secretariat for Normative Acts signed a Memorandum of Understanding (MOU) to expand our important collaboration on the promotion and implementation of Good Regulatory Practices in order to meet health, safety, and environmental objectives while improving business competitiveness and stakeholder engagement. This MOU supports the Annex II of the Protocol to the Agreement on Trade and Economic Cooperation signed between Brazil and the United States, which sets out specific obligations with respect to GRPs. 
  • Trade Promotion and Facilitation – ITA and MDIC brought together their respective Customs agencies to share best practices and discuss challenges and lessons learned regarding implementation of their single window programs. They also discussed trade promotion strategies at an event in Washington, D.C., organized by The Brazilian Trade and Investment Promotion Agency (ApexBrasil) and the Brazilian Ministry of Foreign Affairs, bringing together Brazilian agencies and institutions active in commercial promotion, as well as representatives from the National Congress and the private sector.
• Continuing to share experiences in critical technologies contributing to the development of Trade in the Digital Economy – ITA and MDIC exchanged best practices and discussed opportunities for growth in topics at the center of U.S.-Brazil trade including Artificial Intelligence (AI), data privacy and cross-border data flows, and semiconductors. 
• Continuing the important work by ITA, MDIC, NIST and INMETRO regarding standards, technical regulations, metrology, and conformity assessment, including a recently completed workshop in which regulators from Brazil and the United States shared conformity assessment and accreditation best practices in the sectors of medical devices and energy efficiency. 
• NIST and INMETRO continue to work together on joint scientific metrology projects under the MoU signed in 2021 and during the last year undertook technical exchanges in biological metrology (development of reference material) and in mechanical metrology (calibration of Laser trackers).
• Expanding outreach to new stakeholders and sharing strategies to support workers:
  • Discussions on Responsible Business Conduct, the U.S. Trade Adjustment Assistance Program and Digitalization and Workforce Development.
  • Engaging a broader section of stakeholders in international trade including novel outreach through the U.S. Federal Register process.
• Supporting both Administrations’ commitment to address climate change with workshops on green procurement policies and electric vehicle charging infrastructure metrology and standards development.
   

Ambitious Plans for 2024-2025
Building on the 18-year history of the Dialogue, we intend to continue to work together to grow our economies by growing bilateral trade and investment through collaboration to prevent, reduce and remove non-tariff barriers to trade. Priorities for the period until the next Plenary include:

• Intellectual Property – The Dialogue intends to continue to serve as a vehicle for both IP offices to expand their collaboration, focusing on areas of mutual interest including IP office administrative issues, sharing information on expanding access to the innovation ecosystem within our countries and highlighting areas of emerging technologies that play a role in innovation.
• Trade in the Digital Economy – The Dialogue intends to continue to explore cutting-edge technologies at the forefront of the digital economy and opportunities for increased collaboration in AI, semiconductors, privacy and data protection and trusted cross-border data flows. The Dialogue also intends to include new initiatives on the nexus between technology and sustainability and telecommunications.
• Supporting both countries’ desire for strong and reliable Supply Chains. The Trade Promotion and Facilitation working group is now making efforts to address supply chain issues important to both countries. To kick off this new topic, an event was organized on the sidelines of the plenary, during which the U.S. Government highlighted the work done at the ITA Supply Chain Center and Office of Supply Chain Services and the Brazilian Government showcased the work carried out under Brazil’s new industrial policy, New Industry Brazil (NIB). We aim for this discussion to inform future supply chain discussions.
• Good Regulatory Practices – The Dialogue intends to commence cooperative activities under the GRP MOU by exchanging information and best practices with the aim of enhancing mutual understanding of their respective systems and encouraging regulatory approaches that avoid unnecessary burdens and restrictions on innovation and competition in the marketplace. 
• Standards, Metrology and Conformity Assessment– The Dialogue intends to continue its nearly two-decade effort on these subjects and other Quality Infrastructure components and related subjects. The 2024-2025 Action Plan includes technical exchanges on electrical vehicle charging infrastructure, Rockwell Hardness test methods, and a program to share approaches to sustainability standards.
• Trade and Sustainable Development – This Dialogue intends to continue to address climate change and support workers through discussions regarding electric vehicle post-market surveillance, sustainability standards, environment and health considerations in GRPs, responsible business conduct and programs that support rural workers. The Dialogue also intends to develop activities with a view to promote women´s participation in international trade, with a first proposed activity sharing experiences on collecting gender disaggregated data on trade. 

JOINT STATEMENT APPENDIX

Working Group Activities and Plans for 2024-2025

Intellectual Property Working Group:
Led by the U.S. Patent and Trademark Office and Brazil’s National Institute of Industrial Property, the IPR working group strives to foster innovation and economic prosperity through the protection of intellectual property rights.

Highlights since the last Plenary include:

• INPI and USPTO continued to collaborate to improve their intellectual property (IP) systems.
• Through site visits, high-level meetings, training programs and technical engagements, the IP working group promoted improved processes and systems leading to increased office efficiencies.

Priorities until the next plenary are:

• Continued technical exchanges on both patent policies, procedures and practices as well as instituting new exchanges focused on trademarks.
• Continued exchanges focused on IP office policies that enable offices to be most efficient and productive in carrying out their missions.
• Exchanges on best practices to target those new to the innovation ecosystem the information, education and support needed to be successful.
• Renewed focus on emerging technology issues that have an impact on intellectual property systems.

Trade in the Digital Economy Working Group

The mission of the TDEWG is to exchange best practices on topics related to the digital economy in order to build stronger trade bonds between our two countries, and in doing so prevent the implementation of non-tariff trade barriers that would hinder trade in the digital economy.

Highlights since the last Plenary include:

• Exchanges on Artificial Intelligence (AI) including a virtual webinar on the U.S. government’s approach to AI, recent milestones in the Biden Administration’s AI strategy and data protection, and privacy risks in the cross-border development of AI systems. 
• Virtual and in-person exchanges on data privacy and cross-border data flows, including a study on the commonalities between data protection and cross-border data transfer requirements in Brazil’s General Data Protection Law (LGPD) and the Global Cross-Border Privacy Rules (CBPR) System program requirements.
• Exchanges on semiconductors, including a two-part virtual webinar on 1) Brazil’s semiconductor sector; and 2) an overview of the CHIPS Act, and additional content on Brazil’s national semiconductor strategy and areas for potential synergies. 
• Exchanges on digitalization and workforce development, including perspectives on how to improve the effectiveness of policy and promote public-private upskilling programs related to digital transformation.
   

Priorities until the next Plenary include:

• Facilitate an exchange of best practices on topics related to the digital economy to promote the growth of bilateral trade and investment.
• Explore opportunities for cooperation in the areas of privacy and data protection and trusted cross-border data flows, AI, cybersecurity, telecommunications, and semiconductors.
• Promote engagements in the nexus between digital economy and sustainability through different topics, such as how digital transformation and technologies are being used in sustainability and climate change efforts.

Standards, Metrology & Conformity Assessment

The SMCA aims to address technical regulations, standards, and conformity assessment identified as existing barriers or potential barriers to trade; seek opportunities to facilitate reciprocal market access by fostering information exchange and deeper understanding among U.S. and Brazilian regulatory bodies and industries; promote the use of relevant international standards, guides and recommendations; and encourage cooperation between the National Metrology Institutes of both countries to contribute to the development of stronger metrology capabilities. This group’s work also aims to strengthen the National Quality Infrastructure System in both countries.

Highlights since the last Plenary include:

• Collaboration on Conformity Assessment, including 1) a hybrid workshop to exchange best practices on conformity assessment, accreditation, and two sectoral case studies on medical devices and on energy efficiency; and 2) an exchange of information on the U.S. experience with post-market surveillance in the automotive sector as it relates to enforcement, accountability, penalties, and recall.
• Technical Metrology Exchanges on the Rockwell B Hardness scale, which are intended to inform efforts to modify both ASTM and ISO work.
• Standards and Trade-Related Work on television transmission standards. In collaboration with the TDEWG, the SMCAWG held a webinar on television transmission standards to learn about the Brazilian Ministry of Communication’s TV 3.0 Initiative and the United States experience using ATSC 3.0.
• Exchanges on Quality Infrastructure. NIST and CPSC presented on the U.S. system for Quality Infrastructure. Brazil presented the timeline and main features and objectives of its National Quality Infrastructure Strategy (ENIQ), which is under development. The engagement is part of the international benchmarking activities being undertaken in the ENIQ elaboration process. Exchanging information about U.S. and Brazilian Quality Infrastructures can aid in reducing potential commercial barriers through increased understanding of our standards, accreditation processes, and conformity assessment procedures. 
• INMETRO-NIST worked together on a biological metrology project that developed a reference material from human fecal matter to help the production of medicines for people with gut and metabolism health issues.

Priorities until the next plenary are intended to be:

• Exchange approaches to sustainability standards 
• Present on post-market surveillance practices for electric vehicles
• Continue technical exchanges on metrology including on electric vehicle charging infrastructure and Rockwell Hardness test methods.
   

Good Regulatory Practices

The mission of the GRPWG is to exchange information on good regulatory practices such as transparent approaches to public consultation, intergovernmental coordination and regulatory impact analysis, which can lead to good regulatory outcomes, avoidance of unnecessary barriers to trade, and better flow of trade between our two countries

Highlights since the last Plenary include: 

• Government exchanges on defining significant impact on trade and regulatory planning
• Sharing updates related to Annex II of the Protocol to ATEC in consultation with the Office of the U.S. Trade Representative.
   

Priorities until the next plenary are intended to be: 

• Signing and implementing the Memorandum of Understanding on Good Regulatory Practices
• Discussing methodologies to assess environmental and public health impacts in regulations.
• Exchanging updates and best practices on intergovernmental coordination for GRPs.
   

Trade and Sustainable Development

The mission of the TSDWG is to support efforts to mitigate climate change through increased trade in clean technologies and improved and increased efficiencies of trade practices and to support both countries commitment to workers by sharing experiences that support workers.

Highlights since the last Plenary include:

• March 2024 Webinar on Responsible Business Conduct
• May 2024 Webinar on Trade Adjustment Assistance
• August 2024 joint webinar with TDEWG on Digitalization and Workforce Development
• September 2024 webinar on Green Public Procurement
   

Priorities until the next plenary are intended to be:

• September 20, 2024 – joint workshop with the Standards, Metrology & Conformity Assessment working group on EV charging infrastructure metrology and standards development.
• Continuing efforts to promote trade in clean technologies including collaborative work on Electric Vehicle Post-Market Surveillance, Environment and Health GRPs, Tech and Sustainability, and IPR and Sustainability.
• Carrying out joint activities to exchange experiences on programs and policies to support rural exporters and promote women´s participation in international trade, beginning with an activity to share best practices related to gender disaggregated data and how to utilize this information to improve policies.
• Carry out exchanges with stakeholders and government experts on best practices for governments to support workers and encourage private sector entities to engage in responsible business conduct.

Trade Promotion and Facilitation

The mission of the Trade Promotion and Facilitation Working Group is to facilitate the rapid and secure movement of goods. In addition to traditional work on customs issues, this working group aims to share each countries’ efforts to support supply chains and identify potential areas of collaboration with other working groups.

Highlights since the last Plenary include:

• March 2024 – Webinar on Brazil’s single window program
• March 2024 – Presentation by the U.S. Department of Commerce and SelectUSA at a Trade Promotion Event Organized by the Brazilian Government in Washington, DC
• July 2024 – Webinar on the U.S. Single Window Program 
   

Priorities until the next plenary are intended to be:

• Kicking off our Supply Chain discussions with presentations from the ITA Supply Chain Center and Office of Supply Chain Services, and MDIC´s Secretariat for Industrial Development, Innovation, Trade, and Services, followed by a focused discussion with U.S. and Brazilian stakeholders about the challenges they face with supply chains.
• Continuing our work on customs issues with discussions about the U.S.-Brazil Authorized Economic Operator Mutual Recognition Arrangement and the role of the Trusted Trade Program in fostering safe and resilient supply chains; the role of electronic documentation and paperless trade in facilitating and promoting bilateral trade, including for MSMEs. 
• Carrying out joint activities to exchange experiences on programs and policies to support rural exporters and promote women´s participation in international trade.